BILL ANALYSIS Ó
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ASSEMBLY THIRD READING
AB 42 (Huffman)
As Amended May 16, 2011
Majority vote
WATER, PARKS & WILDLIFE 13-0 APPROPRIATIONS 16-0
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|Ayes:|Huffman, Halderman, Bill |Ayes:|Fuentes, Harkey, |
| |Berryhill, Blumenfield, | |Blumenfield, Bradford, |
| |Campos, Fong, Gatto, | |Charles Calderon, Campos, |
| |Roger Hernández, Hueso, | |Davis, Gatto, Hall, Hill, |
| |Jones, Lara, Olsen, | |Lara, Mitchell, Nielsen, |
| |Yamada | |Norby, Solorio, Wagner |
| | | | |
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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, the need for
stable, reliable and adequate funding to support state parks,
the importance of efforts to continue public access to state
parks, and the benefits nonprofit partners can provide to
assist the state in that effort.
2)Authorizes DPR to enter into an operating agreement for the
development, improvement, restoration, care, maintenance,
administration or operation of a state park unit, or portion
of a unit, with a qualified nonprofit organization that is a
501(c)(3) organization and has as its principal purpose and
activity to provide visitor services in state parks,
facilitate public access, improve park facilities, provide
interpretive and educational services, or provide direct
protection or stewardship of natural, cultural or historical
lands or resources.
3)Authorizes DPR to enter into an operating agreement with a
nonprofit for the entirety of a state park unit only to the
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extent the agreement would enable DPR to avoid closure of a
unit or units of the state park system that may otherwise be
subject to closure.
4)Limits to 20 the number of state parks for which DPR may enter
into an agreement for the operation of an entire state park
unit.
5)Requires an operating agreement for a park unit to honor
existing concession agreements for that park unit.
6)Requires that the operating agreement specify the duties the
nonprofit shall be responsible for carrying out relative to
management and protection of natural, historical and cultural
resources, and to identify those management duties that shall
continue to be conducted by DPR. Requires scientific,
architectural and engineering functions that require special
expertise or professional training to be conducted by or under
the supervision of qualified persons with applicable expertise
or training and subject to oversight by DPR.
7)Clarifies that this bill does not supersede the requirements
of existing law regarding protection of natural, scenic,
cultural and ecological resources.
8)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.
9)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.
10)Authorizes nonprofit organizations to contribute additional
in-kind services and funds for the care, maintenance,
operation, administration, improvement or development of the
park.
11)Requires DPR to provide a biennial report to the Legislature
on the status of any operating agreements it has entered.
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12)Includes a sunset clause providing that this section shall
remain in effect only until January 1, 2019.
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 and Marconi Conference Center.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, unknown General Fund (GF) savings to operate state
park units. The authority provided by this bill is
discretionary. Presumably, DPR will not enter into agreements
with nonprofits for the operation of state park units unless the
cost to do so would be no more than equal to the cost to DPR to
operate the park units itself.
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 DPR 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
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Governor has proposed, and the legislative Budget Conference
Committee approved, an $11 million reduction in GF support to
DPR in the 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 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 could 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.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
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