CA Pub Res Code Section 5080.40

(a)

No operating lease or agreement shall be entered into, or amended, pursuant to this article unless one of the following has occurred:

(1)

The Legislature has reviewed the lease or agreement, or amendment, as part of the annual budget process or the requirements of paragraph (2) have been met.

(2)

Following enactment of the annual Budget Act, the State Public Works Board determines that the proposed lease or agreement or amendment could not have been presented to the Legislature for review during the annual budget process, or that the proposed lease or agreement or amendment was reviewed during the annual budget process but it is necessary to revise the terms of the lease or agreement or amendment in a material respect, and the State Public Works Board determines that it is adverse to the interests of the public to defer that review to the next annual budget process. Upon making its determination, the State Public Works Board may review and approve the proposed lease or agreement or amendment, or any revision thereof, not sooner than 20 days after the board has provided written notification to the Chairperson of the Joint Legislative Budget Committee, the Chairperson of the Assembly Ways and Means Committee, and the Chairperson of the Senate Budget and Fiscal Review Committee of the intended action. All actions taken by the State Public Works Board pursuant to this paragraph shall be reported to the Legislature in the next Governor’s Budget.

(b)

The department shall include with the proposed lease or agreement or amendment sufficient documentation to enable the Legislature or the State Public Works Board, as the case may be, 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 five hundred thousand dollars ($500,000) 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 five hundred thousand dollars ($500,000) 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.