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AB-783 State parks: American River: concessionaires.(2019-2020)

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Date Published: 06/06/2019 09:00 PM
AB783:v98#DOCUMENT

Amended  IN  Senate  June 06, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 783


Introduced by Assembly Member Bigelow

February 19, 2019


An act to amend Section 5080.05 of the Public Resources Code, relating to state parks.


LEGISLATIVE COUNSEL'S DIGEST


AB 783, as amended, Bigelow. State parks: American River Parkway: River: concessionaires.
Existing law authorizes the Department of Parks and Recreation to enter into contracts with natural persons, corporations, partnerships, and associations for the construction, maintenance, and operation of concessions within units of the state park system for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational and educational experiences at, units of the state park system. Existing law requires that all contracts, including concession contracts, authorizing occupancy of any portion of the state park system for a period of more than 3 years be awarded to the best responsible bidder, except as specified.
This bill would require the department to meet and negotiate with existing recreational concessionaires located on the South, Middle, and North Forks of the American River to find a solution that will protect the natural resources of these forks of the American River Parkway and permits will permit those existing businesses to continue to operate. The bill would require the department to keep those contracts in place and to have until January 1, 2026, to finalize a path that allows those existing recreational concessionaires to come into full compliance with these provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 5080.05 of the Public Resources Code is amended to read:

5080.05.
 (a) Except as provided in Section 5080.16, all contracts authorizing occupancy of any portion of the state park system for a period of more than three years shall be awarded to the best responsible bidder.
(b) For purposes of this section, “best responsible bidder” means the bidder, as determined by specific standards established by the department, that, as determined by the department, will operate the concession (1) consistent with the contract, (2) in a manner fully compatible with, and complementary to, the characteristics, features, and theme of the unit in which the concession will be operated, (3) in the best interests of the state and public, and (4) in a manner that protects the state’s trademark and service mark rights in the names associated with a state park venue and its historical, cultural, and recreational resources. For purposes of this section, a bidder who would be subject to subdivision (b) of Section 5080.22 is not a best responsible bidder.
(c) Notwithstanding subdivision (a), the department shall meet and negotiate with existing recreational concessionaires located on the South, Middle, and North Forks of the American River to find a solution that will protect the natural resources of these forks of the American River Parkway and permits will permit those existing businesses to continue to operate. The department shall keep those contracts in place and shall have until January 1, 2026, to finalize a path that allows those existing recreational concessionaires to come into full compliance with this section.