BILL ANALYSIS Ó
AB 42
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Date of Hearing: March 22, 2011
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 42 (Huffman) - As Amended: March 17, 2011
SUBJECT : State Parks
SUMMARY : Authorizes the Department of Parks and Recreation
(DPR) to enter into contracts with qualified nonprofit
organizations to assist with operation of state parks.
Specifically, this bill :
1)States legislative findings regarding the benefits and fiscal
challenges facing California's state park system, and the need
for stable, reliable and adequate funding to support state
parks.
2)Recognizes the importance, as the search for stable funding
continues, of efforts to continue public access to state parks
and to keep parks open, and acknowledges that nonprofit
organizations can be important partners in assisting the state
in that effort.
3)Authorizes DPR to enter into an operating agreement for the
development, improvement, restoration, care, maintenance,
administration or operation of a state park unit with a
qualified nonprofit organization that exists to provide
visitor services in state parks, facilitate public access,
improve park facilities, or provide interpretive and
educational services.
4)Requires any nonprofit who enters an operating agreement with
DPR to submit an annual written report that would be publicly
available providing a full accounting of all revenues and
expenditures.
5)Requires that all revenues received from a state park unit
shall be expended only for the care, maintenance, operation,
administration, improvement or development of the unit.
6)Authorizes nonprofit organizations to contribute additional
in-kind services and funds for the care, maintenance,
operation, administration, improvement or development of the
park.
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7)Requires DPR to provide a biennial report to the Legislature
on the status of any operating agreements it has entered.
EXISTING LAW :
1)Authorizes DPR to enter into operating agreements with local
government entities for the operation of a state park unit.
2)Authorizes DPR to enter into contracts with for-profit
companies for concession services in state parks.
3)Authorizes DPR to enter into cooperative agreements with
nonprofit organizations to provide educational and
interpretive services in state parks.
4)Authorizes DPR to 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.
5)Authorizes DPR to 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.
FISCAL EFFECT : Unknown
COMMENTS : California's state park system is the largest in the
nation and includes 278 state parks covering over 1.5 million
acres of lands managed by the state Department of Parks &
Recreation for their natural, cultural and historical values for
present and future Californians. Over the past several years,
the general fund budget for state parks has decreased while user
fees have increased. Today the park system has a deferred
maintenance backlog of over $1 billion. Last year as a result
of budget reductions, hours of operation at many parks were
reduced, and a number of campgrounds, visitor centers and other
public services were closed. In November 2010, Proposition 21,
a statewide ballot initiative which would have provided ongoing
dedicated funding for state parks through a vehicle license
surcharge failed passage. This year the Governor has proposed,
and the legislative Budget Conference Committee approved, an $11
million reduction in General Fund (GF) support to DPR in the
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proposed 2011-12 budget. The Governor is also proposing an
additional $11 million reduction in 2012-13, for an ongoing
annual GF budget reduction to DPR of $22 million. These cuts
are anticipated to necessitate the closure of a number of state
parks this year throughout the system.
The author and sponsor of this bill assert that while the search
for stable funding continues, it is critical that creative
opportunities for public/private partnerships be explored and
encouraged in order to minimize the impacts to state parks and,
where possible, maintain public access to park resources.
Public/private partnerships are one tool which may help the
state to keep a few of the parks open that would otherwise be
subject to closure. Currently, there are 86 nonprofit
cooperating associations that provide varying levels of support
for individual state park units. Cooperating associations are
non-profit charitable 501 (c) 3 organizations dedicated to
enhancing educational and interpretive programs in California
State Parks. The associations assist with educational
activities, provide trained docents for fieldtrips, raise funds
for state parks, and volunteer in a variety of other ways to
support the operation of state parks. Some qualified nonprofit
organizations could provide greater assistance to DPR with the
operations of a state park unit if DPR had authority to enter
into negotiated agreements with nonprofits for that purpose.
Such agreements could potentially enable DPR to keep open a park
that would otherwise be subject to closure.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Park Foundation (sponsor)
Audubon California
California League of Park Associations
Central Coast Natural History Association
Chino Hills State Park Interpretive Association
Friends of Pio Pico, Inc.
Friends of Santa Cruz State Parks
Mendocino Area Parks Association
Stewards of the Coast and Redwoods
The Nature Conservancy
Opposition
AB 42
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None on file
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096