BILL NUMBER: SB 356	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator Blakeslee

                        FEBRUARY 15, 2011

   An act to  amend Section 4512 of   add
Section 5080.42 to  the Public Resources Code, relating to
 forestry   state parks  .


	LEGISLATIVE COUNSEL'S DIGEST


   SB 356, as amended, Blakeslee.  Forest practices.
  State parks: local operating agreements.  
   Existing law authorizes the Department of Parks and Recreation to
enter into agreements with any agency of the United States or any
city, county, district, or other public agency for the care,
maintenance, administration, and control by a party to the agreement,
of lands under the jurisdiction of any party to the agreement for
purposes of the state park system. Existing law prohibits an
operating agreement to be entered into or amended, unless, among
other things, the Legislature has reviewed the lease or agreement, or
amendment, as part of the annual budget process.  
   This bill would require the department, if it proposes to close a
unit of the state park system, to notify the county or city in which
the unit is located. Pursuant to procedures specified in the bill, a
county or city would have the opportunity to take over operations and
maintenance of the unit of the state park system. The bill would
require the department to enter into an agreement with a county or
city that notifies the department of its intention to take over the
operation and maintenance of a unit of the state park system in
response to the department's notice. The bill would require the
agreement to include certain provisions, including a provision that
the use of existing local government staff, volunteers, or
cooperating associations are exempt from state prevailing wage
requirements. The bill would also require the agreement to include
the provision that the length of the term of the agreement be not
less than one year and not longer than 5 years, with an option to
renew upon the conclusion of the agreement.  
   The Z'berg-Nejedly Forest Practice Act of 1973 prohibits a person
from conducting timber operations unless a timber harvesting plan
prepared by a registered professional forester has been submitted for
the timber operations to the Department of Forestry and Fire
Protection, and approved. The act makes certain findings and
declarations including that the forest resources and timberlands of
the state are among the most valuable of the natural resources of the
state.  
   This bill would make technical, nonsubstantive changes to the act.

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 5080.42 is added to the 
 Public Resources Code   , to read:  
   5080.42.  (a) Notwithstanding this article, a city or county shall
have the opportunity to provide for the operation and maintenance of
a unit of the state park system, pursuant to this section, that the
state proposes to close.
   (b) (1) If the state proposes to close a unit of the state park
system, the department shall notify the county in which the unit is
located of the department's intent to close the unit.
   (2) Upon receiving the notice pursuant to paragraph (1), the
county board of supervisors shall have 15 days to respond in writing
to the department on whether it will consider voluntarily taking over
operation and maintenance of the unit of the state park system that
is proposed to be closed. The county may elect to take over operation
and maintenance of the unit if a majority of the county board of
supervisors votes to do so at a properly noticed public hearing with
an opportunity for community stakeholders to be heard. After approval
at the hearing, the county shall provide written notice to the
department within 60 days of the notice pursuant to paragraph (1) of
its intent to take over the operation and maintenance of a unit of
the state park system that is proposed to be closed.
   (c) (1) If the board of supervisors declines to take over
operation by failing to respond to the department's notice within the
15-day period, or if a majority of the board opposes taking over
operation and maintenance of the unit by a vote at the public
hearing, pursuant to paragraph (2) of subdivision (b), the department
shall notify the city in which the unit is located of the department'
s intent to close the unit.
   (2) Upon receiving the notice pursuant to paragraph (1), the city
shall have 30 days to respond in writing to the department on whether
the city plans to consider taking over operation and maintenance of
the unit that is proposed to be closed. The city may elect to take
over operation and maintenance of the unit if a majority of the city
council members votes to do so at a properly noticed public hearing
with an opportunity for community stakeholders to be heard. After
approval at the hearing, the city shall provide written notice to the
department within 60 days of the notice pursuant to paragraph (1) of
its intent to take over the operation and maintenance of a unit of
the state park system that is proposed to be closed.
   (d) If a county or city provides written notification of its
intent to take over the operation and maintenance of a unit of the
state park system, pursuant to subdivision (b) or (c), the department
shall enter into an agreement to transfer the full responsibilities
of operating and maintaining the unit to the county or city. The
agreement shall include, but not be limited to, the following
provisions:
   (1) To reduce the cost impact to a county or city assuming
responsibility for operating and maintaining the park, the county or
city is encouraged and authorized to use existing local government
staff resources as well as contract with volunteer cooperating
associations and utilize volunteers to the extent possible and
appropriate in order to operate and manage the park. The use of
existing local government staff, volunteers, or cooperating
associations shall be exempt from prevailing wage requirements
pursuant to Chapter 1 (commencing with Section 1720) of Part 7 of
Division 2 of the Labor Code.
   (2) In the event the county or city would benefit from retaining
existing department staff to continue performing critical or
specialized functions within the park that cannot be fulfilled by
local government staff, volunteers, or cooperating associations, the
county or city may enter into a contract with the department to
provide for the temporary employment of department staff. The
department may provide these employees with a leave of absence
whereby the state's contribution to salary and benefits may be
suspended for the term of the leave. The county or city may enter
into a new contract negotiated with the individual employee.
   (3) The county or city shall operate and maintain the unit
consistent with the general plan for the unit, or the state park
system, as applicable.
   (4) Capital improvements or changes in the use of the unit by the
county or city shall be approved by the department.
   (5) The agreement shall not limit or impair the ability of the
county or city to work collaboratively with other local governments
to operate and manage the unit.
   (6) The department and the county or city shall agree to the
length of the term for which the county or city will operate and
manage the unit, which shall not be less than a year and not longer
than five years. At the conclusion of the agreement term, the
department and the county or city may enter into another agreement
pursuant to this section.  
  SECTION 1.    Section 4512 of the Public Resources
Code is amended to read:
   4512.  (a) The Legislature finds and declares that the forest
resources and timberlands of the state are among the most valuable of
the natural resources of the state and that there is great concern
throughout the state relating to their utilization, restoration, and
protection.
   (b) The Legislature further finds and declares that the forest
resources and timberlands of the state furnish high-quality timber,
recreational opportunities, and aesthetic enjoyment while providing
watershed protection and maintaining fisheries and wildlife.
   (c) The Legislature declares that it is the policy of this state
to encourage prudent and responsible forest resource management
calculated to serve the public's need for timber and other forest
products, while giving consideration to the public's need for
watershed protection, fisheries and wildlife, sequestration of carbon
dioxide, and recreational opportunities alike in this and future
generations.
   (d) It is not the intent of the Legislature by the enactment of
this chapter to take private property for public use without payment
of just compensation in violation of the California and United States
Constitutions.