reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 1 - Concessions › Section 5080.16.

5080.16. If the director determines that it is in the best interests of the state, the director, upon giving notice to the commission, may negotiate or renegotiate a contract, including terms and conditions, when one or more of the following conditions exist:
(a) The bid process as prescribed in this article has failed to produce a best responsible bidder.
(b) The negotiation or renegotiation would constitute an extension of an existing contract obtained through the process required by this article and the extended contract would provide for substantial and additional concession facilities, which would be constructed at the sole expense of the concessionaire and which are set forth in the general plan for the unit and are needed to accommodate existing or projected increased public usage.
(c) Lands in the state park system administered by the department and lands under the legal control of the prospective concessionaire are so situated that the concession is dependent upon the use of those public and private lands for the physical or economic success, or both, of the concession.
(d) Whenever a concession is desired for particular interpretive purposes in a unit of the state park system and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes.
(e) Whenever the concession has been severely and adversely impacted through no fault of the concessionaire by an unanticipated calamity, park closure, major construction, or other harmful event or action, including, but not limited to, drought, restricted access, and fires.
(f) Whenever the estimated administrative costs for the bid process exceed the projected annual net rental revenue to the state.
(Amended by Stats. 2017, Ch. 230, Sec. 2. (AB 1504) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 1 - Concessions › Section 5080.17.

5080.17. (a) Every contract awarded pursuant to the bidding requirements of this article, pursuant to the request for proposal process specified in Section 5080.23, or negotiated or renegotiated pursuant to Section 5080.16, shall be submitted to the Attorney General for approval for legal sufficiency and to the Director of General Services for approval pursuant to Section 11005.2 of the Government Code, the requirements of which are the only requirements applicable to the approval of contracts entered into pursuant to this article. The concession contract is not binding on the state until approved by the Attorney General and the Director of General Services.
(b) Notwithstanding Section 11005.2 of the Government Code and subdivision (a) of this section, the approval of a concession contract by the Director of General Services shall not be required unless the concession contract authorizes occupancy of a unit of the state park system for a period of more than one year.
(Amended by Stats. 1994, Ch. 1067, Sec. 2. Effective September 29, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 1 - Concessions › Section 5080.19.

5080.19. (a) In order to assure the best possible return from concessions, the department shall periodically survey, and obtain advice and information from professional property managers regarding, the commercial rental market for public and private properties in areas where concessions exist or are expected to be authorized and compile information therefrom, and shall use that information for the purposes of Section 5080.06 and subdivision (b) of this section.
(b) Rent and other returns received from concessions shall reflect current commercial rental market conditions, except in instances when the director has determined that a particular service or facility needs to be furnished to the public and that service or facility cannot be furnished except at less than a fair market value rate of return to the state.
(c) Rental terms of concessions that operate seasonally shall reflect the seasonal characteristics of those concessions.
(d) Rent shall be paid on the basis of the higher of a flat monthly amount or a percentage of gross sales, except in those instances in which part of the compensation paid by a concessionaire consists of the value assigned to services performed by the concessionaire on behalf of the department and those services are of a type normally performed by departmental personnel.
(Amended by Stats. 1992, Ch. 1057, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 1 - Concessions › Section 5080.20.

5080.20. A contract, including a contract entered into on lands operated pursuant to an agreement entered into under Article 2 (commencing with Section 5080.30), that is expected to involve a total investment or estimated annual gross sales in excess of one million dollars ($1,000,000), shall not be advertised for bid, negotiated, renegotiated, or amended in any material respect unless and until all of the following requirements have been complied with:
(a)  The commission has reviewed the proposed services, facilities, and location of the concession and determined that they meet the requirements of Sections 5001.9 and 5080.03 and are compatible with the classification of the unit in which the concession will be operated.
(b) At least 30 days advance written notice of the proposed concession has been provided by the director to the appropriate policy and fiscal committees of the Legislature and the Joint Legislative Budget Committee.
(c) The proposed concession is accompanied with documentation sufficient to enable the commission and the Joint Legislative Budget Committee to ascertain whether the concession will conform to the requirements of this article and to evaluate fully all terms on which the concession is proposed to be let, including the rent and other returns anticipated to be received.
(Amended by Stats. 2015, Ch. 559, Sec. 8. (AB 549) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 1 - Concessions › Section 5080.21.

5080.21. The department shall include in its annual statement on the concessions program a section setting forth all new concessions entered into during the preceding fiscal year, the terms of each contract, and the terms on which each concession was advertised for bid.
(Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 1 - Concessions › Section 5080.22.

5080.22. (a) (1) A concession contract awarded pursuant to Section 5080.05, 5080.16, or 5080.23 shall not provide the contracting party with a trademark or service mark interest in the name or names associated with a state park venue, or its historical, cultural, or recreational resources, and shall not serve as the basis for any legal claim that the contracting party has that interest.
(2) This subdivision does not constitute a change in, but is declaratory of, existing law.
(b) To the extent consistent with federal law, a bidder shall not be awarded a contract pursuant to Section 5080.05, 5080.16, or 5080.23 if either of the following applies:
(1) The bidder has made a legal claim or assertion to have a trademark or service mark interest in violation of subdivision (a).
(2) A court has determined that the bidder has made a legal claim or assertion to have a trademark or service mark interest in the name or names associated with a state or federal park venue, or its historical, cultural, or recreational resources, without reasonable cause and in bad faith.
(c) The department shall adopt regulations to provide a bidder who is denied a contract award based on subdivision (b) with written notice of that denial and an opportunity to rebut the basis for the contract denial at a formal hearing.
(d) Commencing January 1, 2017, a provision of a contract or other agreement entered into pursuant to Section 5080.05, 5080.16, or 5080.23 that violates subdivision (a) shall be void and unenforceable.
(e) This section shall not be construed to impact a contracting party’s valid trademark or service mark rights that were held before the concession contract was awarded.
(Added by Stats. 2016, Ch. 413, Sec. 5. (AB 2249) Effective January 1, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 1 - Concessions › Section 5080.23.

5080.23. (a) Notwithstanding any other provision of this article, with respect to concession contracts entered into on and after October 1, 1994, if the director determines that it is in the best interests of the state, the director may, upon giving notice to the State Parks and Recreation Commission, in lieu of the process for awarding contracts otherwise prescribed in this article, award contracts authorizing occupancy of any portion of the state park system for a period of more than three years to the best responsible person or entity submitting a proposal for a concession contract.
(b) For any concession contract authorizing occupancy by the concessionaire for a period of more than three years of any portion of the state park system that is entered into pursuant to this section, the department shall prepare a request for proposal, which shall include the terms and conditions of the concession sufficient to enable a person or entity to submit a proposal for the operation of the concession on the basis of the best benefit to the state. Proposals shall be completed only on the basis of the request for proposal.
(c) Any concession contract entered into pursuant to this section that is expected to involve a total investment or gross sales in excess of one million dollars ($1,000,000) shall comply with the requirements for entry into contract that are set forth in Section 5080.20.
(d) For purposes of this section, “best responsible person or entity submitting a proposal” means the person or entity submitting a proposal, as determined by specific standards established by the department, that will operate the concession in the best interests of the state and the public.
(Amended by Stats. 2018, Ch. 742, Sec. 7. (SB 1493) Effective January 1, 2019.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 1 - Concessions › Section 5080.24.

5080.24. (a) The department may enter into an interim agreement with the Pacific Grove-Asilomar Operating Corporation on the same basis as the cancelled contract, except that it shall be modified as specified by subdivisions (b) to (e), inclusive, until the department awards a contract pursuant to Section 5080.25.
(b) Any interim agreement pursuant to subdivision (a) shall provide that the amount of compensation received by the general manager of the Pacific Grove-Asilomar Operating Corporation shall be subject to determination by the Legislature in the annual Budget Act.
(c) Any interim agreement pursuant to subdivision (a) shall require the Pacific Grove-Asilomar Operating Corporation to continue to set rates and to take reservations for dates beyond the date for which the interim agreement is operative.
(d) Any interim agreement pursuant to subdivision (a) shall provide that the meetings of the board of directors of the Pacific Grove-Asilomar Operating Corporation shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code) and the board of directors shall be considered a state body under subdivision (b) of Section 11121 of the Government Code.
(e) Any interim agreement pursuant to subdivision (a) shall provide that all business and financial records of the Pacific Grove-Asilomar Operating Corporation, including existing records, but not including records that would be personal information under Section 1798.3 of the Civil Code if maintained by an agency, shall be treated as public records subject to disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). The term “employment contract” as used in Section 7928.400 of the Government Code shall be deemed to mean an employment contract between the Pacific Grove-Asilomar Operating Corporation and its employee.
(Amended by Stats. 2021, Ch. 615, Sec. 371. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 1 - Concessions › Section 5080.26.

5080.26. (a) Notwithstanding Sections 11080 and 11081 of the Government Code, public notice of a request for proposal shall be given to persons or entities for the purpose of soliciting proposals for any concession contract authorizing the occupancy of property in the state park system for a period of more than two years that is entered into pursuant to Section 5080.23, as follows:
(1) The department shall advertise the notice through appropriate public media to the extent that the department determines is sufficient to provide adequate coverage.
(2) The department shall publish an advertisement for a proposal at least once a week for two consecutive weeks in a newspaper of general circulation in the county in which the concession is to operate and in a major daily newspaper in the closest metropolitan area.
(3) If the director determines that, in view of the type of concession involved, the public interest would be best served by the solicitation of proposals from out-of-state persons or entities, the director shall give such additional notice as the director finds is best suited to attract proposals from out-of-state persons or entities.
(b) The published notice shall state where forms for proposals may be obtained, the time and place for the receipt and review of proposals, and shall describe, in general terms, the concession to be operated.
(Added by Stats. 1994, Ch. 1067, first Sec. 4. Effective September 29, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 1 - Concessions › Section 5080.28.

5080.28. Notwithstanding any other provision of law, the department may negotiate an agreement of up to two years duration to extend the hotel concession contract in existence on January 1, 1999, for the Columbia State Park. Upon termination of the extension agreement, the concession shall be put out to bid in accordance with the bidding requirements of this article.
(Added by Stats. 1999, Ch. 66, Sec. 9. Effective July 6, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 1 - Concessions › Section 5080.29.

5080.29. Notwithstanding any other provision of law, including subdivision (a) of Section 5080.18, the department may enter into concession contracts for the development, operation, and maintenance of marinas, for a term of up to 30 years, if the director determines that the term authorized under this section is necessary to allow for amortization of the loan, or to serve the best interests of the state.
(Added by Stats. 2004, Ch. 109, Sec. 1. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.30.

5080.30. Agreements may be entered into between the department and any agency of the United States, any city, county, district, or other public agency, or any combination thereof, for the care, maintenance, administration, and control by any party to the agreement, of lands under the jurisdiction of any party to the agreement for the purpose of the state park system. The expenses of the care, maintenance, administration, and control may be paid from the general fund of the city, county, district, or other public agency, from the funds of the department, from any funds available to the agency of the United States for these purposes, as the case may be, or from revenues generated on the lands subject to the agreement.
(Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.31.

5080.31. (a) The general plan for a unit of the state park system that is the subject of an agreement entered into pursuant to this article shall, in addition to the requirements set forth in Section 5002.2, specifically evaluate and define the manner in which the unit is proposed to be operated. The general plan shall be reviewed by the commission for a determination that the unit will be operated in a manner that generally meets the standards followed by the department in its operation of similar units, that enhances the general public use and enjoyment of, and recreational and educational experiences at, the unit, and that provides for the satisfactory management of park resources.
(b) The general plan for a unit that is the subject of an agreement entered into pursuant to this article may be prepared either by the department or by the public agency that is to operate the unit pursuant to the agreement.
(Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.32.

5080.32. (a) Except as provided in subdivision (b), revenues received from lands subject to an operating agreement entered into pursuant to this article shall be available to the department only for the care, maintenance, operation, administration, improvement, or development of the unit of the state park system in which the lands from which the revenues were derived are located and any recreational trail providing access to those lands.
(b) (1) As to operating agreements that are in force on September 30, 1994, if a local agency operates more than one unit of the state park system under the operating agreement, revenues received in excess of the care, maintenance, operation, administration, improvement, or development of one unit may be utilized for those purposes at other units of the state park system operated by the local agency.
(2) As to operating agreements entered into, renewed, or renegotiated on and after October 1, 1994, revenues received from lands subject to an operating agreement in excess of the cost, maintenance, operation, administration, improvement, or development of those lands, as determined by the department, shall be available to the department, upon appropriation by the Legislature in the Budget Act, for expenditure for support of the department.
(Amended by Stats. 1994, Ch. 1067, second Sec. 4. Effective September 29, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.33.

5080.33. A concession may be authorized on lands subject to an agreement entered into pursuant to this article, so long as the public agency complies with public bidding procedures that provide for at least the same degree of participation and competition as the procedures established by Article 1 (commencing with Section 5080.01). No concession may be advertised for bid unless and until the director has approved in writing the terms on which the concession is proposed to be let.
(Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.34.

5080.34. Every agreement entered into pursuant to this article and every contract for a concession on lands that are subject to an agreement entered into pursuant to this article shall expressly prohibit discrimination against any person because of the marital status or ancestry of that person or any characteristic listed or defined in Section 11135 of the Government Code.
(Amended by Stats. 2007, Ch. 568, Sec. 42. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.35.

5080.35. Whenever the department intends to enter into an operating agreement pursuant to this article with respect to a unit of the state park system, the department shall notify each Member of the Legislature in whose district that unit is located of its intention.
(Added by Stats. 1982, Ch. 1487, Sec. 7. Effective September 28, 1982.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.36.

5080.36. (a) Notwithstanding any provision of this article, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, and control of El Presidio de Santa Barbara State Historic Park. The agreement shall include, but is not limited to, the following:
(1) The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public.
(2) The nonprofit organization shall annually submit a written report to the department regarding its operating activities during the prior year and shall make copies of the report available to the public upon request. The report shall include a full accounting of all revenues and expenditures for El Presidio de Santa Barbara State Historic Park.
(3) All revenues received from El Presidio de Santa Barbara State Historic Park shall be expended only for the care, maintenance, operation, administration, improvement, or development of the unit.
(b) The district superintendent for the department shall, following submittal of the annual report under subdivision (a), hold a public meeting for discussion of the report and any operating policies or procedures. Any recommendation resulting from the annual public meeting shall be submitted by the district superintendent to the director for review and approval.
(c) The general plan for El Presidio de Santa Barbara State Historic Park shall, in addition to the requirements set forth in Section 5002.2, specifically evaluate and define the manner in which the unit is proposed to be operated. The general plan shall be reviewed by the State Park and Recreation Commission for a determination that the unit will be operated in a manner that generally meets the standards followed by the department in its operation of similar units, that enhances the general public use and enjoyment of, and recreational and educational experiences at, the unit, and that provides for the satisfactory management of park resources.
(d) Whenever the department intends to enter into an operating agreement with respect to El Presidio de Santa Barbara State Historic Park, the department shall notify each Member of the Legislature in whose district the unit is located of that intention.
(Amended by Stats. 2006, Ch. 538, Sec. 567. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.36.1.

5080.36.1. (a) The Legislature hereby finds and declares that the department and the City of Malibu are in the process of entering into an operating agreement for the purpose of negotiating a concession contract that would require the City of Malibu to repair and refurbish, and operate, the Malibu Pier, and that the standard 20-year term is insufficient to enable the City of Malibu to amortize the type and scale of repairs and improvements that the department will require the City of Malibu to make.
(b) The department and the City of Malibu may enter into an operating agreement for the repair, refurbishment, and operation of the Malibu Pier for a period not to exceed 30 years if the operating agreement also requires the rent to be reviewed and adjusted at least every five years to reflect economic conditions in the area in which the pier is located.
(Added by Stats. 1996, Ch. 246, Sec. 1. Effective July 22, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.36.2.

5080.36.2. (a) Notwithstanding any other provision of this article, the department may enter into a restoration agreement with Save Mount Diablo, a nonprofit organization, for the purpose of restoring the Mount Diablo Beacon on top of the Summit Building in Mount Diablo State Park. The agreement shall include, but is not limited to, all of the following:
(1) A requirement that the restoration agreement shall follow the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties guidelines and the guidelines set forth by the American Institute for Conservation of Historic and Artistic Works.
(2) A requirement that the restoration agreement shall also comply with any applicable code of ethics or guidelines for practice governing the rehabilitation and preservation of historical sites and buildings. All plans for the work, the work in process, and the finished work shall be audited by a conservator company pursuant to a contract with the company.
(3) All costs of the restoration of the Mount Diablo Beacon shall be incurred under the authority of, and be the responsibility of, Save Mount Diablo.
(b) The restoration agreement that the department is authorized to enter into with Save Mount Diablo pursuant to subdivision (a) is intended to cover restoration work performed primarily by volunteers. However, nothing in this section shall preclude Save Mount Diablo from contracting for work performed by an individual or entity on a paid or for-profit basis.
(Added by Stats. 2012, Ch. 141, Sec. 2. (AB 1916) Effective July 17, 2012.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.37.

5080.37. (a) The Legislature hereby finds and declares that revenues generated at Santa Monica State Beach may be expected to exceed the total costs incurred by the City of Santa Monica in caring for, maintaining, operating, administering, improving, and developing the unit and that a portion of those revenues may appropriately be made available to provide for the safety and convenience of the general public in the use and enjoyment of, and the enhancement of recreational experiences at, the Santa Monica City pier and other related shorefront facilities owned and operated by the City of Santa Monica.
(b) Accordingly, notwithstanding Section 5080.32, whenever revenues generated from all sources at Santa Monica State Beach exceed the actual costs incurred by the City of Santa Monica in caring for, maintaining, operating, administering, improving, and developing that unit and exceed any foreseeable needs for the further improvement and development of that unit, the surplus shall be available for appropriation in the Budget Act to the city, as a local assistance grant, in the succeeding fiscal year for the repair of the Santa Monica pier and the improvement and development of parking facilities providing access to the pier until that repair, improvement, and development is complete. After the repair, improvement, and development is completed, 25 percent of the excess revenues shall be available for appropriation in the Budget Act to the city as a local assistance grant for the further improvement and development of the pier and other shorefront facilities owned and operated by the City of Santa Monica that adjoin the state beach.
(c) The amount of any surplus shall be determined by the director, and the department may perform audits as may be necessary to determine this amount.
(Added by Stats. 1987, Ch. 1358, Sec. 2.5.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.38.

5080.38. Notwithstanding any provision of this article, if title in fee, to the so-called Marconi property, near the community of Marshall in the County of Marin, is acquired at no cost to the state, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, and control of the Marconi Conference Center.
(Added by Stats. 1988, Ch. 1614, Sec. 8.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.39.

5080.39. The department and other appropriate state and local agencies, and federal agencies to the extent permitted by federal law, with jurisdiction over inland waters are encouraged to cooperate with private groups and associations in order to do fish habitat and restoration work to implement the Adopt a Lake Program pursuant to Section 2003.5 of the Fish and Game Code.
(Added by Stats. 1988, Ch. 850, Sec. 3.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.40.

5080.40. (a) No operating lease or agreement shall be entered into, or amended, pursuant to this article unless at least 30 days’ written notice and a copy of the proposed operating lease or agreement, or amendment, has been provided by the director to the Joint Legislative Budget Committee.
(b) The director shall include with the proposed lease or agreement or amendment sufficient documentation to enable the Joint Legislative Budget Committee to evaluate fully the estimated operating costs and revenues and all terms upon which the lease or agreement or amendment is proposed to be entered into. Specifically, the documentation shall identify both of the following:
(1) Any anticipated costs to the state for operation or development under the lease or agreement or amendment and the anticipated state share of total operation and development costs.
(2) The anticipated annual revenues, net of operation costs, for the unit and the state’s share of these revenues.
(c) Leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist:
(1) The lease or agreement involves operation of only a portion of a unit of the state park system.
(2) The term of the lease or agreement is for a period of 20 years or less.
(3) The lease’s or agreement’s impact to the unit, including concessions revenue, will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property.
(4) The lease or agreement involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit.
(d) Amendments to existing leases or agreements shall be exempt from subdivisions (a) and (b) when all of the following conditions exist:
(1) The amendment involves operation of only a portion of a unit of the state park system.
(2) The amendment’s impact to the unit will not exceed one million dollars ($1,000,000) in annual gross revenue generated on the property.
(3) The amendment involves no significant change in state operational funding or staffing levels, and does not include present or future state expenditures for development of the unit.
(Amended by Stats. 2016, Ch. 540, Sec. 4. (SB 1111) Effective January 1, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.41.

5080.41. (a) Notwithstanding any other provision of this article, until January 1, 2014, the department may enter into an operating agreement with a qualified nonprofit organization for the development, improvement, restoration, care, maintenance, administration, and control of a children’s museum in Old Sacramento State Historic Park in the City of Sacramento. The agreement shall include, but is not limited to, the following:
(1) The district superintendent for the department shall provide liaison with the department, the nonprofit organization, and the public.
(2) The operating agreement shall specify the manner in which the children’s museum is proposed to be operated.
(3) All revenues received from the operation of the children’s museum shall be expended only for the care, maintenance, operation, administration, improvement, or development of the museum.
(4) In constructing the children’s museum, the nonprofit organization shall incorporate historical architectural features consistent with buildings existing in Sacramento in the mid-1800s.
(b) Whenever the department intends to enter into an operating agreement with respect to a children’s museum in Old Sacramento State Historic Park in the City of Sacramento, the department shall notify each Member of the Legislature in whose district the unit is located of that intention.
(c) This section does not authorize the demolition of any state building.
(Added by Stats. 2008, Ch. 761, Sec. 3. Effective September 30, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.43.

5080.43. (a) Notwithstanding any other provision of this article or Article 3 (commencing with Section 5080.50), the department may enter into a restoration agreement with the Leland Stanford Mansion Foundation, a nonprofit organization, for the purpose of restoring the front staircase at the Leland Stanford Mansion State Historical Park. The agreement shall include, but shall not be limited to, all of the following:
(1) A requirement that the restoration shall follow the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties guidelines and the guidelines set forth by the American Institute for Conservation of Historic and Artistic Works.
(2) A requirement that the restoration also shall comply with any applicable code of ethics or guidelines for practice governing the rehabilitation and preservation of historical sites and buildings. All plans for the work, the work in process, and the finished work shall be audited by the department.
(3) All costs of the restoration of the front staircase at the Leland Stanford Mansion State Historical Park shall be incurred under the authority of, and be the responsibility of, the Leland Stanford Mansion Foundation.
(b) Nothing in this section shall preclude the Leland Stanford Mansion Foundation from contracting for work performed by an individual or entity on a paid or for-profit basis.
(Added by Stats. 2014, Ch. 664, Sec. 4. (AB 1478) Effective September 27, 2014.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 2 - Operating Agreements with Other Agencies and Organizations › Section 5080.44.

5080.44. (a) The department may accept donations of money from public or private sources to be used for the purpose of funding park programs to benefit youth, as described in subdivision (b).
(b) Notwithstanding Article 4 (commencing with Section 10335) of Chapter 2 of Part 2 of Division 2 of the Public Contract Code, the department may enter into agreements, including agreements that involve the transfer of funds appropriated to the department, with public or nonprofit organizations that serve youth to provide service and learning opportunities for young people by performing work on state park system programs and projects under the supervision of department employees, where the work is not being performed by state park employees. Programs and projects covered under this subdivision include all of the following:
(1) Restoring California’s natural, historic, archaeological, recreational, and scenic resources.
(2) Training young people to be public land and resources managers and stewards for careers in public service.
(3) Undertaking appropriate cultural and natural resource conservation in a cost-effective and appropriate manner.
(Added by Stats. 2015, Ch. 573, Sec. 9. (SB 204) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 3 - Leland Stanford Mansion State Historical Park Construction › Section 5080.50.

5080.50. Notwithstanding any provision of law to the contrary, the Director of Parks and Recreation may contract for construction for the preservation and restoration of the Leland Stanford Mansion State Historical Park and related facilities using the design-build process set forth in Section 14661 of the Government Code.
(Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 3 - Leland Stanford Mansion State Historical Park Construction › Section 5080.51.

5080.51. The director is authorized to use the method for selection of the design-build entity set forth in clause (i) of subparagraph (A) of paragraph (3) of subdivision (d) of Section 14661 of the Government Code, notwithstanding that the approved project budget may not be ten million dollars ($10,000,000) or more.
(Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 3 - Leland Stanford Mansion State Historical Park Construction › Section 5080.52.

5080.52. In addition to the requirements set forth in paragraph (1) of subdivision (d) of Section 14661 of the Government Code, the program required by this article may include, but is not limited to, the following:
(a) The size, type, and desired or required historic and other design character and features of the buildings and site.
(b) Performance specifications covering the historic or other nature and quality of materials, equipment, and workmanship.
(c) A project cost estimate, including a factor for contingencies.
(d) A proposed design and construction schedule showing the critical path of work for both working drawings and construction and all state approvals.
(e) Any other information deemed necessary to describe adequately the state’s needs.
The project cost estimate and the proposed design and construction schedule shall be prepared by a design professional duly licensed and registered in this state.
(Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 3 - Leland Stanford Mansion State Historical Park Construction › Section 5080.53.

5080.53. The director may accept donations of services, including architectural, engineering, construction management, or other professional services, construction labor and materials, or any other donations, in addition to donations of funds to be integrated into the project on terms and conditions that, in the discretion of the department, will contribute to the successful prosecution and completion of the restoration and preservation project. The director may, in addition to any other criteria authorized by Section 14661 of the Government Code, include the donation of goods and services as a basis for selection for the design-build entity.
(Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 3 - Leland Stanford Mansion State Historical Park Construction › Section 5080.54.

5080.54. In addition to the approvals required by Section 13332.19 of the Government Code, prior to advertising for design-build proposals, the director shall submit to the State Public Works Board the program required by paragraph (1) of subdivision (d) of Section 14661 of the Government Code and Section 5080.52 of this code and shall obtain from the board approval of the scope and cost for the project.
(Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 3 - Leland Stanford Mansion State Historical Park Construction › Section 5080.56.

5080.56. Notwithstanding Section 10 of Chapter 66 of the Statutes of 1999, the director shall contract with the Department of General Services or a mutually agreeable private contractor to provide assistance with project management and oversight of the project. Independent professional services contracts may be entered into for inspection services, construction management services, or any other services necessary for proper administration of the project.
(Added by Stats. 1999, Ch. 733, Sec. 1. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 4 - Old Sacramento State Historic Park › Section 5081.

5081. The Legislature finds and declares all of the following:
(a) The department has a proprietary and financial interest in revenue-generating commercial operations on state land, including the Old Sacramento State Historic Park.
(b) Labor disputes may interfere with or disrupt hotel and hospitality services and negatively impact the department’s proprietary interests and its ability to attract travelers to the Old Sacramento State Historical Park.
(c) Requiring that the entity responsible for developing a hotel and hospitality operations in the Old Sacramento State Historical Park, as well as any subcontractors or sublessees, be party to a labor peace agreement prohibiting strikes, picketing, and boycotts at the hotel is a well established means of protecting those proprietary interests.
(Added by Stats. 2023, Ch. 51, Sec. 21. (SB 122) Effective July 10, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 4 - Old Sacramento State Historic Park › Section 5082.

5082. (a) For purposes of this section, the following definitions apply:
(1) “Labor organization” means a labor organization as defined in Section 152(5) of Title 29 of the United States Code.
(2) “Labor peace agreement” means an agreement with a labor organization that contains, at a minimum, provisions prohibiting the labor organization and its members from engaging in any picketing, work stoppage, boycott, or other economic interference with the hotel or food and beverage operations subject to the agreement.
(b) The department shall include in any lease agreement, management agreement, or other agreement for the operation of a hotel on land owned or controlled by the state in the Old Sacramento State Historical Park a provision that requires the entity responsible for development of the hotel, and each sublessee or subcontractor employing the workforce performing hotel or food and beverage operations under the agreement, to enter into a labor peace agreement with each labor organization that represents, or seeks to represent, the workforce performing hotel or food and beverage operations under the agreement.
(c) The department shall include in any request for proposals or similar solicitation for the development of a hotel on land owned or controlled by the state in the Old Sacramento State Historical Park a provision that provides, in substance, the following statement:
Labor Peace. As a requirement for a full and adequate response to this request for proposal (RFP), as a condition precedent to the Department of Parks and Recreation (department) entering into the agreement described in this RFP, and as an ongoing material term of the agreement, the applicant and each sublessee or subcontractor shall provide written evidence that they have entered into a signed labor peace agreement with each labor organization that represents, or seeks to represent, the workforce performing hotel or food and beverage operations under the agreement. To comply with this requirement, each applicant must submit either: (1) a certification, in a form prescribed by the department, signed by the relevant labor organization and the applicant, attesting to a signed labor peace agreement, or (2) a signed certification, in a form prescribed by the department, attesting that no labor organization represents or has notified the applicant that it will seek to represent, the workforce performing hotel or food and beverage operations under the agreement. For these purposes, “labor organization” and “labor peace agreement” have the same meanings as defined in Section 5082 of the Public Resources Code.
(Added by Stats. 2023, Ch. 51, Sec. 21. (SB 122) Effective July 10, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.2 - Operation and Management of State Park System Properties › ARTICLE 4 - Old Sacramento State Historic Park › Section 5083.

5083. This article shall apply only to a lease agreement, management agreement, or other agreement entered into on or after July 1, 2023, for the operation of a hotel on land owned or controlled by the state in the Old Sacramento State Historic Park.
(Added by Stats. 2023, Ch. 51, Sec. 21. (SB 122) Effective July 10, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 5 - PARKS AND MONUMENTS › CHAPTER 1.25 - Off-Highway Motor Vehicle Recreation › ARTICLE 1 - General Provisions › Section 5090.01.

5090.01. This chapter shall be known and may be cited as the Off-Highway Motor Vehicle Recreation Act of 2003.
(Amended by Stats. 2002, Ch. 563, Sec. 2. Effective January 1, 2003.)