BILL ANALYSIS Ó
AB 955
Page 1
GOVERNOR'S VETO
AB 955 (Huber)
As Amended June 25, 2012
2/3 vote
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|ASSEMBLY: | |(May 27, 2011) |SENATE: |23-14|(August 20, 2012) |
| | | | | | |
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(vote not relevant)
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|COMMITTEE VOTE: |10-3 |(August 28, 2012) |RECOMMENDATION: | concur |
|(W.,P. & W.) | | | | |
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|ASSEMBLY: |57-22|(August 29, | | | |
| | |2012) | | | |
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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
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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 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
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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 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
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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.
GOVERNOR'S VETO MESSAGE :
This bill would extend the sunset date of the
California Recreational Trails Committee from
January 1, 2013 to January 1, 2028.
While the Committee originally intended to provide
opportunities for stakeholder participation on
trail plans and issues, it did not meet for two
years prior to 2011 and currently only plans to
hold one meeting annually. In an effort to
streamline state government and retain public
participation, I have signed AB 1478 which
reconstitutes the make-up of the State Park and
Recreation Commission.
I ask the Commission to dedicate time to discuss
trail plans and issues during at least one annual
meeting so that recreational trail stakeholders
can offer their advice on recreational plans.
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Analysis Prepared by: Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0005934