SB 386 Senate Bill

BILL NUMBER: SB 386	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator Harman

                        FEBRUARY 15, 2011

    An act to amend Section 5003.17 of the Public Resources
Code, relating to state parks.   An act to add and
repeal Section 5080.42 of the Public Resources Code, relating to
state parks, and declaring the urgency thereof, to take effe 
 ct immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 386, as amended, Harman. State parks:  leasing of real
property.   proposed closures: operation and maintenance
contracts.  
   Existing 
    (1)     Existing  law authorizes the
Department of Parks and Recreation to  lease, for any use,
all or any portion of any parcel of real property acquired for state
park system purposes if the Director of Parks and Recreation finds
that the use would be compatible with the use of the real property as
a unit or part of a unit and with the sound management and
conservation of resources within the unit, and prescribes terms and
conditions for the lease of the real property   enter
into agreements between the   department and federal and
local governments and other public agencies for the care,
maintenance, administration, and control of lands under the
jurisdiction of any party to this agreement for the purpose of the
state park system, as prescribed  . 
   This bill would make technical, nonsubstantive changes in those
provisions.  
   This bill would prohibit the department, until June 30, 2013, from
closing any unit of the state park system, unless the department
provides written notice to the Legislature of the proposed closure,
and has prepared an invitation to bid for a contract for the
operation and maintenance of the unit of the state park system, as
specified.  
   (2) This bill would declare that it is to take effect immediately
as an urgency statute. 
   Vote:  majority   2/3  . 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) The department shall not close any unit of the state
park system, unless the department complies with both of the
following requirements:
   (1) Provides written notice to the Legislature of a proposed
closure of a unit of the state park system.
   (2) Has prepared an invitation to bid for a contract for the
operation and maintenance of a unit of the state park system that is
proposed to be closed, consistent with the requirements of this
article, within 30 days from the date that the department provided
notice to the Legislature pursuant to paragraph (1) of the proposed
closure.
   (b) If the department is unable to find a responsible bidder for a
contract to operate and maintain a unit of the state park system
that is proposed to be closed pursuant to subdivision (a), it may
consider bundling a contract or contracts for one or more units of
the state park system, if it is in the best interests of the state to
do so.
   (c) The department shall also consider offering a contract for bid
for the operation and maintenance of a unit of the state park system
that is not proposed to be closed, but for which the department has
proposed to reduce the park unit's operating hours.
   (d) Any contract entered into pursuant to this section shall
include all of the following:
   (1) A requirement that the operator of the unit of the state park
system maintain the resource values and overall natural character of
the unit.
   (2) If the commission has approved a general development plan for
the unit of the state park system, a requirement that the unit be
maintained and operated consistent with that plan.
   (3) A clause prohibiting the construction of  facilities at a unit
of the state park system without the authorization of the
department.
   (e) This section shall become inoperative on June 30, 2013, and,
as of January 1, 2014, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 2014, deletes or
extends the dates on which it becomes inoperative and is repealed.

   SEC. 2.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order that statutory changes are made to allow the Department
of Parks and Recreation to enter into contracts to reduce the
operating and maintenance costs at units of the state park system at
the earliest possible time, it is necessary that this act take effect
immediately.  
  SECTION 1.    Section 5003.17 of the Public
Resources Code is amended to read:
   5003.17.  (a) The department may lease, for any use, all or any
portion of any parcel of real property acquired for state park system
purposes if the director finds that the use would be compatible with
the use of the real property as a unit or part of a unit and with
the sound management and conservation of resources within the unit.
   (b) Rent shall be based on the fair market value of the property
when it is used for the purpose for which it is leased. All rent
shall be deposited in accordance with Section 5010.
   (c) The lease term shall not exceed 10 years. All leases are
subject to the approval of the Department of General Services.
   (d) No lease shall be entered into that extends beyond the 10-year
period unless the Legislature has reviewed and approved the proposed
lease as part of the annual budget process, or the Public Works
Board has determined that the proposed lease could not have been
presented to the Legislature for review and approval in the course of
its consideration of the Budget Bill and that it would be adverse to
the interests of the public to defer that review and approval to a
time when the Legislature next considers a Budget Bill. Upon making
that determination, the board may review and approve the proposed
lease after providing at least 20 days' written notice to the
Chairperson of the Joint Legislative Budget Committee and to the
chairperson of the fiscal and appropriate policy committees of its
intended action. All actions taken by the board pursuant to this
subdivision shall be reported to the Legislature in the next Governor'
s Budget.