BILL NUMBER: SB 356 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN ASSEMBLY JUNE 30, 2011
AMENDED IN ASSEMBLY JUNE 22, 2011
AMENDED IN SENATE MAY 31, 2011
AMENDED IN SENATE MAY 3, 2011
AMENDED IN SENATE MARCH 25, 2011
INTRODUCED BY Senator Blakeslee
FEBRUARY 15, 2011
An act to add Section 5080.43 to the Public Resources Code,
relating to state parks , and making an appropriation therefor
.
LEGISLATIVE COUNSEL'S DIGEST
SB 356, as amended, Blakeslee. State parks: local operating
agreements.
Existing
(1) 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 fully
close a unit of the state park system, with no planned public access,
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 negotiations 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 an agreement entered into to include certain
provisions, including a provision that would require the length of
the term of the agreement to be not less than one year and not longer
than 5 years, with an option to renew upon the conclusion of the
agreement.
(2) Existing law vests with the Department of Parks and Recreation
control over the state park system, including historical units of
the state park system, and requires the department to implement laws
intended to protect, develop, and preserve historical resources in
the state. Existing law establishes the State Office of Historic
Preservation in the department and authorizes the office to, among
other things, enter into agreements for the preservation and
management of historical resources under its control with public
agencies, nonprofit organizations, private entities, or individuals,
and to award grants not exceeding $1,000,000 or 50% of the cost of a
project, on a competitive basis, to public agencies and nonprofit
organizations for the preservation of historical resources.
In this connection, the Budget Act of 2008 appropriated a
specified amount of funds from the California Clean Water, Clean Air,
Safe Neighborhood Parks, and Coastal Protection Fund to the
department, to be available for expenditure until June 30, 2011, for
a grant to the California State Railroad Museum Foundation for the
rehabilitation and development of the boiler shop core, shell, and
site rehabilitation and development at the California State Railroad
Museum site, subject to specified terms and conditions.
This bill would authorize the department to expend any remaining
funds from that appropriation for a grant to the California State
Railroad Museum Foundation for expenditure, until June 30, 2013, for
the core, shell, and site and track rehabilitation and development of
the erecting shop and the track rehabilitation and development of
the boiler shop at the California State Railroad Museum site, subject
to specified terms and conditions. By authorizing the department to
expend those previously appropriated funds for the above-described
purposes, the bill would make an appropriation.
Vote: majority. Appropriation: no yes
. Fiscal committee: yes. State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5080.43 is added to the Public Resources Code,
to read:
5080.43. (a) 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 fully
close with no planned public access.
(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 30 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 75 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
30-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 vote 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 75 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 negotiations to transfer the full responsibilities
of operating and maintaining the unit to the county or city. An
agreement entered into shall include, but not be limited to, the
following provisions:
(1) State If the full operation of the park is
turned over to a county or city, state funding shall not be provided
to a county or city to subsidize the cost of operating or maintaining
the unit. This paragraph does not preclude the department from
entering into an agreement with a county or city to operate a portion
of a state park unit or from entering into a comanagement agreement
with a local government that involves the sharing of operational and
financial responsibilities for the park unit and that has the effect
of reducing state costs.
(2) 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.
(3) Capital improvements or changes in the use of the unit by the
county or city shall be subject to approval by the department.
(4) 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, with the approval of the department.
(5) 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 one 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.
SEC. 2. (a) The Department of Parks and Recreation
may expend any remaining funds from moneys appropriated to the
department pursuant to Section 4 of Chapter 689 of the Statutes of
2008 for a grant to the California State Railroad Museum Foundation
for expenditure, until June 30, 2013, for the core, shell, and site
and track rehabilitation and development of the erecting shop and the
boiler shop at the California State Railroad Museum site. The grant
agreement shall include provisions that require the grantee to
conduct due diligence appropriate for this transaction, as determined
in consultation with the Department of Finance.
(b) Upon completion of the erecting shop and the boiler shop core,
shell, and site and track rehabilitation and development, the
California State Railroad Museum Foundation shall make the facility
available, at no cost, for use by the Department of Parks and
Recreation as a part of the California State Railroad Museum.
(c) Ten years after completion of the erecting shop and the boiler
shop core, shell, and site and track rehabilitation and development,
the California State Railroad Museum Foundation shall transfer the
title to the site and facility, at no cost, to the State of
California, Department of Parks and Recreation, subject to approvals
from the State Public Works Board and the Director of Finance.