BILL ANALYSIS Ó AB 1916 Page 1 Date of Hearing: April 24, 2012 ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE Jared Huffman, Chair AB 1916 (Buchanan) - As Amended: April 9, 2012 SUBJECT : State Parks; Mount Diablo State Park SUMMARY : Authorizes the Department of Parks & Recreation (DPR) to enter into an operating agreement with a nonprofit organization for the restoration of the beacon on top of the summit building in Mount Diablo State Park. Specifically, this bill : 1)States legislative findings and declarations regarding the historical significance of Mt. Diablo State Park, in particular the role of the beacon at the summit in the history of aerial navigation and in commemorating the attack on Pearl Harbor. 2)Authorizes DPR to enter into an operating agreement with Save Mount Diablo, a nonprofit organization dedicated to preserving Mount Diablo, for the restoration of the Mount Diablo Beacon on top of the Summit Building in Mount Diablo State Park. 3)Requires that the operating agreement include specified provisions, including a requirement for DPR to provide a person to serve as a liaison with DPR, Save Mount Diablo and the public; a requirement that the restoration follow specified standards for rehabilitation and preservation of historical properties; and a requirement that the plans and work be audited by a conservator company. Requires that Save Mount Diablo submit a draft of the operating agreement to the Diablo Vista District Superintendent for comment, amendment and approval, and that the operating agreement be signed by DPR and Save Mount Diablo. 4)Requires that all costs of restoration of the beacon shall be the responsibility of Save Mount Diablo. 5)Provides that the operating agreement DPR is authorized to enter into with Save Mount Diablo is intended to cover work performed primarily by volunteers, but that nothing in this bill shall preclude Save Mount Diablo from contracting for work performed by an individual or entity on a paid or AB 1916 Page 2 for-profit basis. EXISTING LAW : 1)Authorizes DPR to enter into operating agreements with nonprofit organizations to operate a unit or units of the state park system if the agreement will enable the state to keep open a state park that would otherwise be subject to closure. 2)Authorizes DPR to accept funds from any person or organization for maintenance and operation, on a nonprofit basis, of a state park unit or facility. Authorizes DPR to enter into agreements to accept services for the repair or enhancement of a state park unit or facility. FISCAL EFFECT : Unknown COMMENTS : This bill authorizes DPR to enter into an operating agreement with a nonprofit group called Save Mount Diablo which is interested in paying for the restoration of an historical beacon at the summit of Mount Diablo inside the state park. As the legislative findings in this bill explain, the Mount Diablo beacon has an interesting history, including the fact that it was lit remotely by Charles Lindbergh in 1928, and was turned off on December 8, 1941, the day after the attack on Pearl Harbor, in observance of the West Coast blackout, and in recognition of the fear of Japan's attack on the California Coast. The beacon is now relit just once a year on Pearl Harbor Day. Save Mount Diablo is a cosponsor of the annual lighting ceremony and is interested in paying for the costs of restoration. While this is a worthy project, it is not clear that authority to enter into an operating agreement is necessary for this project to move forward, or that an operating agreement is necessarily the right vehicle. Based on the information provided by the author it appears that the nonprofit group in this instance is not interested in operating the state park but in paying for the cost of restoring the historic beacon. Further, it is unclear whether it is necessary that all of the specific details regarding what is required to be included in the agreement be specified in statute. The Committee and the author therefore may wish to consider amendments to this bill that would rewrite Section 2 of the bill to read as follows: AB 1916 Page 3 "5080.36.2 . (a) Notwithstanding any other provision of this article, the department may enter into aan operatingrestoration agreement with Save Mount Diablo(SMD), a nonprofit organization, for the purpose of restoringrestoration ofthe Mount Diablo Beacon on top of the Summit Building in Mount Diablo State Park. The agreement shall include, but is not limited to, all of the following:(a) The Diablo Vista District Superintendent for the department shall provide or appoint a person to liaison with the department, the SMD, and the public. (b) The(1) A requirement that theoperatingrestoration agreement shall follow the United States Secretary of the Interior's Standards for the Treatment of Historic Properties guidelines and the guidelines set forth by the American Institute for Conservation of Historic and Artistic Works.(c) (2) A requirement that t he operating agreement shall also comply with any applicable code of ethics or Guidelines for Practice governing the rehabilitation and preservation of historical sites and buildings. All plans for the work, the work in process, and the finished work shall be audited by a conservator company pursuant to a contract with the company.(d) Save Mount Diablo shall submit a draft of the operating agreement to the Diablo Vista District Superintendent for comment, amendment, and approval. Representatives of both the department and SMD shall be signatories to the agreement. (4 )(3) All costs of the restoration of the Mount Diablo Beacon shall be incurred under the authority of, and by the responsibility of,SMDSave Mount Diablo ." (db ) Theoperatingrestoration agreement that the department is authorized to enter into withSMDSave Mount Diablo pursuant to subdivision (a) is intended to cover restoration work performed primarily by volunteers. However, nothing in this section shall precludeSMDSave Mount Diablo from contracting for work performed by an individual or entity on a paid for or for-profit basis. REGISTERED SUPPORT / OPPOSITION : Support AB 1916 Page 4 Bob Simmons, Mayor, City of Walnut Creek Contra Costa County Historical Society East Bay Regional Park District Honorary Members of Pearl Harbor Survivors Karen Mitchoff, Member, Contra Costa County Board of Supervisors Mary Nejedly Piepho, Chair, Contra Costa County Board of Supervisors Pearl Harbor Survivors Phil O'Lane, Member, San Ramon City Council Save Mount Diablo Sons and Daughters of Pearl Harbor Survivors Susan Bonilla, Assemblywoman, Eleventh Assembly District Opposition None on file. Analysis Prepared by : Diane Colborn / W., P. & W. / (916) 319-2096