Article 1.5 - Park Support Organization

California Public Resources Code — §§ 520-525

Sections (7)

Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.

For purposes of this article, the following terms shall have the following meanings:

(a)“Park support organization” means a nonprofit organization that meets all of the following requirements:

(1)Is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.

(2)Is established for the principal purposes of increasing park access and visitation in ways that serve all Californians and visitors to the state, promoting healthy lifestyles and community engagement, and supporting the protection and stewardship of California’s natural, cultural, and historical lands, sites, and

resources.

(3)Complies with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code).

(b)“Priority list” means the annual list of strategic initiatives and projects developed by the department and the park support organization pursuant to Section 523.

§ 521

Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.

(a)The department may enter into a statewide agreement with a park support organization to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system, for all of the following purposes:

(1)To develop and engage new sources of public and private funding for the state park system, including philanthropic sources and enterprise and revenue generation activities, where appropriate.

(2)To support marketing and communications activities that promote the programs, amenities, and resources of

the state park system, the department, and its partners.

(3)To support projects and programs that facilitate park access and visitation and enhance educational opportunities, particularly among younger and more diverse audiences.

(4)To promote the health and well-being of the state’s residents.

(5)To establish or improve, and support the completion of projects that establish or improve, state park visitor amenities and facilities.

(6)To recruit more diverse staffing and improve capacity for state park programs.

(7)To advance the protection and stewardship of natural, cultural, and historic lands, sites, and resources.

(b)If the department enters into an agreement with a park support organization, the park support organization, in consultation with the department, shall do all of the following:

(1)Communicate and coordinate with park agencies, partners, friends, and volunteers to ensure that activities undertaken pursuant to the agreement complement, support, facilitate, and amplify ongoing partnerships, programs, and projects in support of the state park system.

(2)Engage with public agencies and organizations that manage, operate, and support other parks and protected lands in the state.

§ 522

Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.

The director and the Director of Finance, or their respective designees, may serve as ex officio, nonvoting members of the park support organization’s board of directors in order to provide for effective communication and coordination of efforts between the departments and the park support organization.

§ 522.5

Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.

The park support organization is not a state agency or state body.

§ 523

Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.

(a)If the department enters into an agreement with a park support organization pursuant to Section 521, the department and the park support organization shall collaborate to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and for the park support organization and that the park support organization will undertake in partnership with the department.

(b)(1) Any initiative or project included on the priority list shall be consistent with the purposes specified in subdivision (a) of Section 521.

(2)For the first three years of an agreement entered into

pursuant to subdivision (a) of Section 521, the park support organization and the department shall prioritize a limited subset of focus areas and projects from the list of purposes specified in subdivision (a) of Section 521, consistent with paragraph (2) of subdivision (b) of Section 521.

(c)Any initiative or project included on the priority list shall be consistent with Sections 5001.2 and 5019.53 regarding protection of the natural, scenic, cultural, and ecological values of the state park system.

(d)The department shall post a copy of the priority list on its Internet Web site, and shall provide copies of the list to the chairpersons of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Natural Resources and Water, and the Assembly Committee on Water, Parks, and Wildlife.

§ 524

Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.

(a)In order to advance the purposes described in subdivision (a) of Section 521, an agreement between the department and the park support organization pursuant to Section 521 shall, at a minimum, include and specify all of the following:

(1)Clear goals and objectives.

(2)Any commitments of oversight, staffing, and coordination that are needed to accomplish the goals and objectives.

(3)The process for developing the priority list pursuant to Section 523.

(b)(1) The department may develop

and enter into supplementary agreements with the park support organization for the purposes of securing any expertise, capacity, or financial resources that may be needed to identify, plan, develop, or implement strategic initiatives and projects on the priority list. Any such agreement may include, but not be limited to, grants, contracts, memoranda of understanding, staff-sharing agreements, leases, and rights of entry onto state park property.

(2)Notwithstanding Section 5003.17, the department may lease to the park support organization, for a minimum rental of one dollar ($1.00) per year, real property that is owned by the state and included in any unit of the state park system, if the lease agreement requires the park support organization to construct, or provide for the construction of, a structure or improvement on the leased property and specifies that title to the structure or improvement shall vest in the state at the expiration of

the lease term. The agreement may provide for the means or method by which title to the structure or improvement shall vest in the state before the expiration of that term.

(3)Notwithstanding Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, any agreements entered into by the department pursuant to this subdivision shall be under the control of the department and shall not be subject to any advertising or competitive bidding requirements applicable to public works or other public projects.

(4)Any construction, alteration, demolition, installation, or repair work undertaken by or on behalf of a park support organization on property owned by the state pursuant to this section shall constitute a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(c)The director may receive donations of projects, services, and funds from the park support organization as authorized by Sections 5005, 5009.1, 5009.2, and 5009.3.

(d)The Director of Finance shall have 60 days to review and approve or disapprove any agreement or any substantial amendment to such an agreement, proposed under subdivision (a). Upon approval of the agreement, or substantial amendment, the director may accept donations and enter into supplementary agreements as authorized under subdivisions (b) and (c).

§ 525

Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.

Nothing in this article shall be interpreted as a limitation on the ability of the park support organization to apply for, receive, or administer grants, loans, or other funds from public entities other than the department. The park support organization shall consult with the department if the department may also be applying for those funds.