BILL ANALYSIS Ó
AB 955
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 955 (Huber)
As Amended June 25, 2012
Majority vote
----------------------------------------------------------------------
|ASSEMBLY: | |(May 27, 2011) |SENATE: |23-14|(August 20, 2012) |
| | | | | | |
----------------------------------------------------------------------
(vote not relevant)
------------------------------------------------------------------------
|COMMITTEE VOTE: |10-3 |(August 28, 2012) |RECOMMENDATION: | concur |
|(W.,P. & W.) | | | | |
------------------------------------------------------------------------
Original Committee Reference: E.S. & T.M.
SUMMARY : Extends the sunset on the existence of the California
Recreational Trails Committee to January 1, 2028, and revises the
responsibilities of the committee to include review of statewide
trail planning efforts, assistance with resolution of trail issues
and user group conflicts, and advising the Department of Parks and
Recreation (DPR) on development of trail guidelines.
The Senate amendments delete the Assembly version of this bill, and
instead:
1)Extend the authorization for the California Recreational Trails
Committee (Committee) to exist to January 1, 2028, along with
existing provisions governing the qualifications and terms for
committee appointments. Delete the requirement that members be
selected from lists provided by private organizations and provide
that members shall be selected based on their demonstrated
interest and involvement in establishment and promotion of
recreational trails.
2)Revise the duties and powers of the Committee with regard to
coordinating trail planning and development among cities,
counties and districts, to include review of statewide trail
planning efforts, assistance with resolution of trail issues and
user-group conflicts, and advice on development of trail planning
and management guidelines that may be available to public and
AB 955
Page 2
private land managers.
3)Revise the duties of the Committee to include advising the
director of the DPR on the development of state park trail
guidelines.
EXISTING LAW :
1)Requires the Governor to establish a California Recreational
Trails Committee to advise the director of DPR in development and
coordination of a comprehensive statewide recreational trails
system. Provides that the Committee shall consist of seven
members appointed by the Governor, including two from the
northern part of the state, two from the south, two from the
central part of the state, and one at large member. Members are
to be selected from lists provided by private organizations that
have demonstrated interest in the establishment of recreational
trails. Members serve for four year terms without compensation
but with reimbursement for travel and related expenses.
2)Provides that the Committee shall exist only until January 1,
2013, and as of that date is repealed unless a later enacted
statute adopted prior to January 1, 2013, extends that date.
3)Provides that the duties of the Committee include coordinating
trail planning and development among cities, counties and
districts, including review or records of easements and other
interests in lands that may be suitable for trails, advising the
director of DPR on development of uniform standards for trail
construction, and advising the director of DPR on preparation and
maintenance of the statewide comprehensive trails system.
AS PASSED BY THE ASSEMBLY , this bill required regulations or
standards for the permitting and operation of onsite sewage
treatment systems to be based on a risk-based, tiered approach, and
also authorized the state board to establish exemption criteria.
FISCAL EFFECT : According to the Senate Appropriations Committee,
pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : This bill was substantially amended in the Senate and
the Assembly-approved provisions of this bill were deleted.
The California Recreational Trails Act, enacted in 1968, requires
the director of DPR to maintain a comprehensive plan for a
AB 955
Page 3
statewide recreational trails system. The plan assesses present
and future demand, recommends trails providing a wide range of
recreational opportunities, and includes a goal of linking access
to scenic, natural, historic and recreational areas of statewide
significance. In 2010 the Committee was selected for sunset review
and a January 1, 2013, sunset date was added.
The Committee was evaluated for sunset review in March of this year
by the Joint Sunset Review Committee. A self-evaluation report
submitted by DPR for the review indicated that the only statutorily
mandated duty of the Committee still currently relevant is advising
the director of DPR on preparation and maintenance of the statewide
trails plan. However, members of the Committee indicated that
public meetings held by the Committee provide an opportunity for
public input on trails plans and issues. The Joint Sunset Review
Committee noted that stakeholders expressed significant concerns
that the public would lose its opportunity for public input to DPR
on trails issues if the Committee were eliminated, but that DPR
also expressed concerns regarding ongoing administrative costs of
providing staffing support for Committee meetings. According to
the author of this bill, who is also the chair of the Joint Sunset
Review Committee, a nonprofit foundation has agreed to assist DPR
with funding of committee meetings which will reduce DPR's costs.
This bill continues authorization for the committee to 2028 and
also revises the duties of the committee, as described above, to
more accurately reflect their current function and purpose.
The author's office notes that since the Off-highway Vehicle
Commission serves a similar advisory role with regard to
off-highway vehicle trails, it makes sense to continue the
existence of this advisory Committee as well, which focuses on
non-OHV recreational trails. Pursuant to Government Code Section
9147.7(b), the Joint Sunset Review Committee is conducting sunset
reviews on advisory committees every 15 years, which is the reason
for the 15 year extension. Members of the advisory committee serve
without compensation but are required to be reimbursed for travel
expenses. Travel expenses are generally under $15,000 per year.
DPR estimates additional staffing costs to assist the committee of
approximately $35,000 per year.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0005736
AB 955
Page 4