BILL ANALYSIS Ó
AB 42
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CONCURRENCE IN SENATE AMENDMENTS
AB 42 (Huffman)
As Amended August 30, 2011
Majority vote
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|ASSEMBLY: |75-1 |(May 19, 2011) |SENATE: |33-2 |(August 31, |
| | | | | |2011) |
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Original Committee Reference: W., P. & W.
SUMMARY : Authorizes the Department of Parks & Recreation (DPR)
to enter into operating agreements with qualified nonprofit
organizations to operate a state park unit.
The Senate amendments :
1)Require the annual report that the nonprofit group is required
to provide to DPR to be posted on DPR's and the nonprofit
organization's Internet Web sites.
2)Require the operating agreement to delineate all core park
operations.
3)Require DPR to notify legislative policy and budget committees
of their intent to enter into an operating agreement with a
nonprofit organization.
4)Require a qualified nonprofit organization, as a condition of
eligibility, to be in compliance with the Supervision of
Trustees and Fundraisers for Charitable Purposes Act.
5)Prohibit General Fund (GF) monies from being provided to a
nonprofit organization to subsidize operation or maintenance
of a state park unit the full operation of which is being
turned over to the nonprofit organization. Clarify that this
restriction does not apply to or preclude DPR from entering
into agreements with nonprofit organizations to operate a
portion of a state park unit, or from entering into
comanagement agreements that involve the sharing of
operational and financial responsibilities for the park unit
and have the effect of reducing state costs. Further clarify
that this provision does not apply to park entrance fees,
concession revenues, or other revenues generated within a
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state park.
6)Add legislative findings and declarations that for effective
protection of natural, cultural and historic resources in
state parks, and to facilitate public access to state parks,
new partnerships, including intergovernmental partnerships,
partnerships with local governments, and involvement from
local, community and regional groups should be encouraged in
order to protect state parks.
7)Add coauthors.
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.
AS PASSED BY THE ASSEMBLY , this bill authorized DPR to enter
into operating agreements with qualified nonprofit organizations
to operate a state park unit. DPR would be authorized to enter
into an operating agreement with a nonprofit for the entirety of
a state park unit only to the 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. The number of state
parks for which DPR may enter into an agreement for the
operation of an entire state park unit would be limited to 20
state park units. The operating agreement would be required to
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.
DPR would be required to report to the Legislature biennially,
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and to notify the legislator in whose district the park is
located of its intent to enter an operating agreement with a
nonprofit. The nonprofit would also be required to submit an
annual report to DPR.
FISCAL EFFECT : According to the Senate Appropriations
Committee, up to $500,000 in fiscal year 2011-12 for DPR to
develop operating agreements (special funds, State Park &
Recreation Fund), potentially offset by unknown cost savings
from entering into operating agreements. According to the
Assembly Appropriations Committee analysis, unknown GF savings
to operate state park units. The authority provided by the 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 : The Senate amendments are consistent with the
Assembly action, adding specificity to reporting and operating
agreement requirements, and additional eligibility requirements
for nonprofit organizations. Earlier this year the Governor
proposed, and the Legislature approved, an $11 million reduction
in GF support to DPR in the 2011-12 budget. The Governor has
also proposed an additional $11 million reduction in 2012-13,
for an ongoing proposed annual GF budget reduction to DPR of $22
million. As a result of the budget reductions, the
Administration announced its intent to close 70 of California's
278 state parks.
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 open a few of the parks that would otherwise be
subject to closure.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0002414
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