BILL ANALYSIS Ó
AB 1589
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1589 (Huffman, et al.)
As Amended August 29, 2012
Majority vote
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|ASSEMBLY: |78-0 |(May 30, 2012) |SENATE: |22-12|(August 29, |
| | | | | |2012) |
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Original Committee Reference: W., P. & W,
SUMMARY : Enacts the California State Park Stewardship Act of
2012 which, among other things, requires the Department of Parks
and Recreation (DPR) to develop a prioritized action plan to
increase revenues and collection of existing fees at state parks
and allows an individual to apply all or a portion of their
state income tax refund to purchase a state park access pass.
The Senate amendments :
1)Delete provisions creating a State Park Enterprise Fund and
appropriating $10 million in state bond funds to the fund.
2)Delete provisions authorizing a state park environmental
license plate, proceeds from the sales of which would be
dedicated to support of state parks.
3)Delete provisions amending the criteria and process DPR must
follow for any proposed park closures, and placing a cap on
the number of state parks that may be closed without
legislative approval.
4)Modify the legislative findings and declarations to state
legislative policy regarding the formation of a master plan
for state parks that would, among other things, ensure the
long-term adequate funding and maintenance of state parks, and
ensure accurate and transparent accounting and disclosure of
all state special funds available for support of state parks.
5)Clarify with regard to nonprofit operating agreements that any
revenues raised in a park subject to a nonprofit operating
agreement in excess of the funds needed for the care,
maintenance, operation, administration, improvement, or
development of that park may be dedicated to another state
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park, consistent with existing contracts.
6)Clarify provisions authorizing individuals to direct a portion
of their income tax refund to purchase an annual state park
access pass and clarifying the placement of the park access
option on the tax form.
7)Clarify that a qualified nonprofit that has entered into an
operating agreement with the state for operation of a state
park unit is an agent of the state, and that the property
remains the property of the state and therefore exempt from
taxation.
8)Remove the urgency clause.
EXISTING LAW :
1)Establishes the California State Park system and vests DPR
with control of the state park system and responsibility for
administering, protecting, developing and interpreting state
parks for the use and enjoyment of the public. Requires DPR
to protect the state park system from damage and to preserve
the peace therein.
2)Authorizes DPR to enter into agreements with private entities
to assist DPR in securing long-term private funding sources
for units of the state park system, and to ensure that the
parks are preserved and open to the public for their use and
enjoyment. DPR's authority includes but is not limited to
securing donations, memberships, corporate and individual
sponsorships, and marketing and licensing agreements.
3)Authorizes DPR to collect fees, rents and other returns for
the use of state parks with amounts to be determined by DPR.
4)Authorizes DPR to enter into operating agreements with
qualified nonprofit entities that will enable DPR to keep
parks open that would otherwise be subject to closure.
5)Requires DPR to achieve required budget reductions by closing,
partially closing, and reducing services at selected units of
the state park system based on specified factors.
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AS PASSED BY THE ASSEMBLY , this bill created the California
State Park Stewardship Act of 2012 which, among other things,
stated legislative findings regarding the importance of state
parks and of providing for their long-term sustainable funding;
called for the formation of a state compact on state parks;
required DPR to develop a prioritized action plan to increase
revenues and collection of fees at state parks; created a state
park enterprise fund and appropriated $10 million in state bond
funds to the fund; authorized taxpayers to voluntarily direct a
portion of their tax refund to purchase a state park annual
access pass; authorized issuance of a state park environmental
license plate; modified the process and criteria DPR is required
to follow for any proposed park closures; and, placed a cap on
the number of park closures allowed without legislative
approval.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)One-time costs to the Department of Parks and Recreation
prepare a report on revenue generation possibilities. The
Department has hired a consultant to conduct a study on
similar topics at 50 state parks, at a cost of about $200,000.
The Department indicates that expanding that study or
contracting for an additional study will result in costs up to
$800,000 (California State Park Enterprise Fund).
2)One-time costs to the Franchise Tax Board of about $50,000
(General Fund) to modify tax forms and computer systems to
allow taxpayers to donate to state parks when they pay their
state income taxes.
3)Ongoing loss of tax revenue to the state in the tens of
thousands of dollars, based on the Franchise Tax Board's
experiences with other similar programs to allow tax-free
donations to state programs (General Fund).
4)Unknown revenues to the State Park System from donations
through the tax system (California State Park Enterprise
Fund). Because this is a new program, the Department does not
have an estimate of the potential revenues the program may
generate. It is important to note that the bill requires the
Department to provide an annual day use parks pass to
taxpayers that donate an amount in excess of the cost of such
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a pass (currently priced at $195). To some extent, people who
would otherwise have purchased an annual pass may do so
through the tax system, in which case donations received by
the Department will be offset by reduced fee revenues.
COMMENTS : Several provisions of this bill that were contained
in the Assembly approved version, namely, creation of the State
Park Enterprise Fund, appropriation of $10 million in bond funds
to the Enterprise Fund, and creation of a state park
environmental license plate, were deleted from this bill in the
Senate because substantially similar provisions were enacted
into law through the budget and resources budget trailer bills
passed earlier this year. Other provisions regarding the
criteria and process DPR must follow before implementing any
park closures were incorporated into SB 974 (Evans), which was
held in the Assembly Appropriations Committee on suspense. The
cap on park closures included in the Assembly approved version
of this bill was also deleted, but a two-year moratorium on park
closures is now included in AB 1478 (Blumenfield), another
resources budget trailer bill that is currently under
consideration in the Legislature. Modifications to the
provisions of this bill allowing taxpayers to direct all or a
portion of their tax refund toward purchase of a state park
annual access pass were modified to clarify placement of the
park contribution option on the tax form and reduce the
Franchise Tax Board's administrative implementation costs.
Finally, a provision was added to clarify that qualified
nonprofit organizations that enter into agreements to operate
state parks that were otherwise at risk of closure are serving
as an agent of the state and the property remains state property
which is exempt from taxation.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0005800