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SB-620 Low-impact camping areas.(2023-2024)

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Date Published: 08/23/2024 01:19 PM
SB620:v93#DOCUMENT

Amended  IN  Assembly  August 23, 2024
Amended  IN  Assembly  August 19, 2024
Amended  IN  Assembly  July 13, 2023
Amended  IN  Senate  April 20, 2023
Amended  IN  Senate  April 11, 2023
Amended  IN  Senate  March 22, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill
No. 620

Introduced by Senator McGuire
(Principal coauthor: Assembly Member Connolly)

February 15, 2023

An act to amend Section 18862.43 of, and to add and repeal Part 2.3.5 (commencing with Section 18890) to of Division 13 of, the Health and Safety Code, and to amend Section 13995.77 of, and to add Article 11 (commencing with Section 13995.120) to Chapter 1 of Part 4.7 of Division 3 of Title 2 of of, the Government Code, relating to land use, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


SB 620, as amended, McGuire. Low-impact camping areas.
Existing law, the Special Occupancy Parks Act, establishes requirements for the construction, maintenance, occupancy, use, and design of special occupancy parks. Existing law defines “special occupancy park” to mean a recreational vehicle park, temporary recreational vehicle park, incidental camping area, or tent camp.
This bill would specify that, for purposes of that act, a special occupancy park does not include a low-impact camping area, as specified, that is located in a county that has enacted an ordinance, as specified, authorizing low-impact camping. The bill would define a “low-impact camping area” to mean any area of private property that provides for the transient occupancy rental of a temporary sleeping accommodation, as defined, for recreational purposes that is not a commercial lodging facility and meets specified requirements. The bill would require the county in which the low-impact camping area is located to enforce some of those requirements, relating to waste disposal and quiet hours, as specified. The bill would require that a county that has authorized low-impact camping to take specified actions, including, among others, to establish a registry of low-impact camping areas, as specified. The bill would require the provisions relating to low-impact camping areas to be in effect only until January 1, 2026, unless certain conditions are met.
Existing law, the California Tourism Marketing Act, provides for the California Travel and Tourism Commission, a nonprofit mutual benefit corporation, and authorizes the commission to require businesses to pay an assessment for the purpose of increasing the number of persons traveling to and within California. The act authorizes the commission by written contract to accept a voluntary assessment from any person in a travel- and tourism-related business who is not an assessed business. Existing law also authorizes an assessed business to pass on some or all of the assessment to customers. Existing law exempts a business from assessments under the act if certain conditions apply, including if the business is a small business, which is defined to mean a business location with less than $1,000,000 in total California gross annual revenue from all sources, as specified.

On and after January 1, 2026, except as provided, this bill would require that each booking for occupancy of a low-impact camping area be subject to a Rural Tourism Impact Fee equal to 2% of the total cost of the booking, collected from guests of the low-impact camping area. The

This bill would modify the definition of small business to mean a business with less than one million dollars ($1,000,000) in total California gross annual revenue from all sources, as specified. The bill would require the Director of the Office of Tourism to seek to enter into voluntary agreements with online hosting platforms, as defined, to impose, collect, and remit a tourism assessment equal to at least 2% of the total cost of each booking for low-impact camping areas, as specified. The bill would require the Director of the Office of Tourism to provide certain related information to the Director of Finance. The bill would establish in the State Treasury, the Rural Tourism Marketing Fund, which would be continuously appropriated, and would require that the revenues deposited in the fund consist only of Rural Impact Fees. If the booking of a low-impact camping area is arranged through an online hosting platform, the bill would require these fees to be collected and remitted by the platform to the Office of Tourism. The bill would authorize the office to prescribe, adopt, and enforce regulations relating to the administration and enforcement of these provisions, as specified. assessments received by the Office of Tourism as described above. By establishing a continuously appropriated fund, this bill would make an appropriation.
This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 18862.43 of the Health and Safety Code is amended to read:

18862.43.
 “Special occupancy park” means a recreational vehicle park, temporary recreational vehicle park, incidental camping area, or tent camp. “Special occupancy park” does not include a low-impact camping area, as defined in subdivision (a) of Section 18890 if the low-impact camping area meets all of the requirements of subdivision (b) of section 18890 and is located in a county that has enacted an ordinance, subject to the requirements of existing law, authorizing low-impact camping.

SEC. 2.

 Part 2.3.5 (commencing with Section 18890) is added to Division 13 of the Health and Safety Code, to read:

PART 2.3.5. LOW-IMPACT CAMPING

18890.
 (a) “Low-impact camping area” means any area of private property that provides for the transient occupancy rental of a temporary sleeping accommodation for recreational purposes that is not a commercial lodging facility.
(b) A low-impact camping area is not a special occupancy park, as defined in Section 18862.43, if it is located in a county that has enacted an ordinance, subject to the requirements of existing law, authorizing low-impact camping and meets all of the following requirements:
(1) Provides for the transient occupancy rental of a temporary sleeping accommodation, not exceeding 14 consecutive nights per camper and not exceeding 28 nights per calendar year per camper.
(2) Includes no more than nine temporary sleeping accommodations.
(3) Does not include a temporary sleeping accommodation that is rented out for permanent human occupancy.
(4) Does not allow for onstreet parking.
(5) Complies with applicable state and local fire safety requirements.
(6) Complies with applicable state and local tax requirements, including, but not limited to, the payment of local transient occupancy taxes.
(7) Complies with applicable local requirements for disposal of human waste, or in the absence of applicable local requirements, maintains sanitation facilities that are fully self-contained or connected to a permitted sewage disposal system serving the property.
(8) Complies with applicable local requirements for disposal of trash, or in the absence of applicable local requirements, requires all solid waste to be removed from the premises after each occupancy and onsite trash receptacles to abide by applicable animal-protection trash best practices or requirements.
(9) Complies with applicable local requirements for quiet hours, or in the absence of applicable local requirements, enforces quiet hours from 10 p.m. to 6 a.m.
(10) Complies with applicable local requirements relating to low-impact campsites, low-incident camping, or incidental camping, including, but not limited to, local zoning, permit, lot size, and setback requirements.
(11) Designates an operator or property manager who is available by phone 24 hours a day, seven days a week.
(12) Includes no more than one temporary sleeping accommodation per acre and is located on a parcel of two acres or more.
(13) Requires all temporary sleeping accommodations to be located no less than 200 feet from any offsite residence and no less than 30 feet from any adjoining property or road.
(14) Is not located on a site that meets both of the following:
(A) A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this paragraph, parcels that are separated only by a street or highway shall be considered to be adjoined.
(15) Has not been used as a special occupancy park for the last five years unless both of the following are true:
(A) The area was a special occupancy park before January 1, 2024.
(B) The area met the requirements of this subdivision on January 1, 2023.
(c) A county that has authorized low-impact camping shall do the following:
(1) Establish a registry of low-impact camping areas which may include, but not be limited to, the number or operators authorized in the county, a site address of such areas, the number of lots and types of temporary sleeping accommodations, the facility owner and operator names, the date a low-impact camping area is established, summaries of all code enforcement investigations associated with low-impact camping areas, amendments to this information, and any other relevant information deemed appropriate by the county.

(2)Provide the registry to the Office of Tourism, upon request of the Office of Tourism, for the purposes of facilitating collection of the fees.

(3)

(2) Establish a complaint program to support code enforcement related to low-impact camping areas.

(4)

(3) Require all low-impact camping owners or operators to post, in a conspicuous location, contact information for the county for complaints or information related to low-impact camping areas.
(d) A county that has authorized low-impact camping shall have administrative and enforcement authority over this section.
(e) For purposes of this section, the following definitions apply:
(1) “Commercial lodging facility” has the same meaning as the term “hotel” is defined in subdivision (a) of Section 1865 of the Civil Code.
(2) “Recreational vehicle” has the same meaning as that term is defined in Section 18010.
(3) “Temporary sleeping accommodation” includes, but is not limited to, a tent, yurt, or recreational vehicle.
(f) This section does not authorize an individual to access private property without the permission of the landowner.
(g) This section does not require a county to authorize low-impact camping. This section establishes minimum requirements for a county that, by ordinance, elects to authorize low-impact camping.

18890.1.
 (a) This part shall remain in effect until January 1, 2026, and as of that date shall be repealed, unless a voluntary agreement pursuant to Section 13995.123 of the Government Code is in effect.
(b) Notwithstanding subdivision (a), if this part remains in effect after January 1, 2026, this part shall remain in effect only until six months after no voluntary agreements pursuant to Section 13995.123 of the Government Code are in effect, and as of that date shall be repealed.

SEC. 3.

 Section 13995.77 of the Government Code is amended to read:

13995.77.
 A business is exempt from the assessments provided for in this chapter if any of the following apply:
(a) The business is a travel agency or tour operator that derives less than 20 percent of its gross revenue annually from travel and tourism occurring within the state. A travel agency or tour operator that qualifies for this exemption may participate as an assessed business by paying an assessment calculated on the same basis applicable to other travel agencies or tour operators, respectively, and by filing a written request with the director indicating its desire to be categorized as an assessed business.
(b) The business is a small business. For purposes of this section, “small business” means a business location with less than one million dollars ($1,000,000) in total California gross annual revenue from all sources. This threshold amount may be lowered, but never to less than five hundred thousand dollars ($500,000), by means of a referendum conducted pursuant to Section 13995.60; however, the director may elect to forgo assessing a business for which the expense incurred in collecting the assessment is not commensurate with the assessment that would be collected.
(c) The assessments provided for in this chapter shall not apply to the revenue of regular route intrastate and interstate bus service: provided, however, that this subdivision shall not be deemed to exclude any revenue derived from bus service that is of a type that requires authority, whether in the form of a certificate of public convenience and necessity, or a permit, to operate as a charter-party carrier of passengers pursuant to Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code.
(d) Any business exempted pursuant to this section may enter into a contract for voluntary assessments pursuant to Section 13995.49.

SEC. 3.SEC. 4.

 Article 11 (commencing with Section 13995.120) is added to Chapter 1 of Part 4.7 of Division 3 of Title 2 of the Government Code, to read:
Article  11. Rural Tourism Marketing

13995.120.
 The Legislature intends to promote rural tourism and the development of local tourist infrastructure by requiring low-impact camping area operators, who are not subject to the existing tourism assessment, to collect and remit Rural Tourism Impact Fees to the Office of Tourism as provided in this article. encouraging online hosting platforms that facilitate bookings of low-impact camping sites, who are currently not subject to an existing tourism assessment, to enter into voluntary agreements with the California Travel and Tourism Commission to collect tourism assessments with the goal of further promoting rural tourism and funding rural tourist infrastructure, including nonmotorized trails.

13995.121.
 For purposes of this article, “low-impact article:
(a) “Low-impact camping area” shall have the same meaning as defined in subdivision (a) of Section 18890 of the Health and Safety Code. Code, regardless of whether the low-impact camping area is located in a county that has enacted an ordinance regulating low-impact camping.
(b) “Online hosting platform” means a digital marketplace that facilitates the booking of low-impact camping areas.

13995.122.
 (a) There is hereby established in the State Treasury, the Rural Tourism Marketing Fund. Notwithstanding Section 13340, all moneys in the fund are continuously appropriated and moneys in the fund shall be available to the Office of Tourism for purposes of this section. article. Revenues deposited in the Rural Tourism Marketing Fund shall only consist of Rural Tourism Impact Fees assessments received by the Office of Tourism pursuant to this section. article.
(b) Funds collected under this article shall be deposited into an account of the commission. These funds shall be audited annually. This account shall not be an account of the state government. The commission shall keep the assessments in the Rural Tourism Marketing Fund separate from the revenue it receives from assessments under Article 7 (commencing with Section 13995.65).
(c) The assessed funds shall be under the control of the commission, which shall spend the funds consistent with commission policies and the requirements of Section 13995.125. The state shall have no interest in the fund except the general state interest that the state has in nonprofit corporations.

13995.123.

On and after January 1, 2026, except as provided in Section 13995.124, each booking for occupancy of a low-impact camping area shall be subject to a Rural Tourism Impact Fee equal to 2 percent of the total cost of the booking, collected from guests of the low-impact camping area.

13995.124.

Notwithstanding Section 13995.123, the collection of a Rural Tourism Impact Fee shall not be required if the Director of the Office of Tourism certifies to the Department of Finance before January 1, 2026, that online hosting platforms responsible for at least 75 percent of all low-impact camping reservations, on average, by referendum, or by voluntary agreements pursuant to Section 13995.49, agreed to the imposition of a tourism assessment equal to at least 2 percent of the total cost of each booking facilitated through the platform, added as a separate percentage charge on each booking. Any assessments received by the Office of Tourism as a result of the referendum or agreements shall be deposited in the Rural Tourism Marketing Fund and allocated pursuant to this article.

13995.125.

If the booking of a low-impact camping area is arranged through an online hosting platform, the fees required by this article shall be collected and remitted by the platform to the Office of Tourism.

13995.126.

The Office of Tourism may prescribe, adopt, and enforce regulations relating to the administration and enforcement of this article, including, but not limited to, fee collections and reporting.

13995.127.

(a)Any fee charged to a low-impact camping area operator pursuant to this article is a personal debt of every person so charged and shall be due and payable to the Office of Tourism. If any low-impact camping area operator fails to pay any fee, the Office of Tourism may file a complaint against the low-impact camping area operator in a state court of competent jurisdiction for the collection of the assessment.

(b)If any low-impact camping area operator that is duly charged a fee pursuant to this article fails to pay to the Office of Tourism the fee charged by the due date, the Office of Tourism may add to the unpaid fee an amount not to exceed 10 percent of the unpaid fee to defray the cost of enforcing the collection of the unpaid fee. In addition to payment for the cost of enforcing a collection, the low-impact camping area operator shall pay to the Director of the Office of Tourism a penalty equivalent to the lesser of either the maximum amount authorized by Section 1 of Article XV of the California Constitution or 5 percent for each 30 days the fee is unpaid, prorated over the days unpaid, commencing 30 days after the notice has been given to the low-impact camping area operator of its failure to pay the fee on the date required, unless the Director of the Office of Tourism determines that the failure to pay is due to reasonable cause beyond the control of the low-impact camping area operator.

13995.128.

The Office of Tourism may offset reasonable costs incurred to implement the requirements of this article from assessments received. After recovery of the Office of Tourism’s initial startup costs, the Office of Tourism may use up to 2 percent of moneys to administer and oversee the Rural Tourism Marketing Fund.

13995.123.
 (a) The Director of the Office of Tourism shall seek to enter into voluntary agreements, pursuant to Section 13995.49, with online hosting platforms to impose, collect, and remit a tourism assessment equal to at least 2 percent of the total cost of each booking for low-impact camping areas facilitated through an online hosting platform, added as a separately itemized charge on each booking.
(b) Before July 1, 2025, the Director of the Office of Tourism shall provide both a summary of agreements entered with online hosting platforms, if any, and the director’s estimate of the percentage of low-impact camping locations potentially covered by the agreements, to the Director of Finance.
(c) Any assessments received as a result of agreements with online hosting platforms entered pursuant to Section 13995.49 shall be deposited into the Rural Tourism Marketing Fund.

13995.124.
 (a) The startup costs of this article shall be part of the agreement between the office and the online hosting platforms. Nothing in this article requires the office or the commission to advance or to otherwise expend funds to implement or administer the requirements of this article. The office may offset reasonable costs incurred to implement the requirements of this article from assessments received.
(b) Online hosting platforms shall provide information to the office, upon request, necessary for facilitating collection of the fees.

13995.129.13995.125.
 The revenue in the Rural Tourism Marketing Fund shall be continuously appropriated and allocated as follows:
(a) Fifty percent to the county from which the fees were generated to support the following: commission to supplement its rural marketing and grant programs. This funding shall not replace existing funding provided by the commission for these purposes at the time of enactment.

(1)Rural tourism marketing in the county.

(2)The implementation and enforcement of the enabling ordinance to establish a low-impact camping area.

(b) Fifty percent to the State Coastal Conservancy to provide funding to support the expansion of statewide nonmotorized trails.

SEC. 4.SEC. 5.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to ensure counties are not delayed in taking actions locally, to increase affordable access to the outdoors, and to assist California’s outdoor recreation economy, it is necessary that this act take effect immediately.