BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 386| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 445-6614 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ THIRD READING Bill No: SB 386 Author: Harman (R) Amended: 4/25/11 Vote: 27 - Urgency SENATE NATURAL RES. & WATER COMMITTEE : 9-0, 4/26/11 AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe, Padilla, Simitian, Wolk SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8 SUBJECT : State parks: proposed closures: public notice SOURCE : Author DIGEST : This bill requires Department of Parks and Recreation (DPR) to post on its Web site, at least 30 days before closure, the name of a park intended to be closed, the approximate date of closure, and DPR contact information for any organization who may be interested in a contract to lease, operate, maintain, or provide a concession at park listed for closure. This bill also requires DPR to respond to the inquiry in writing. ANALYSIS : Existing law authorizes the DPR to enter into agreements between DPR 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. CONTINUED SB 386 Page 2 This bill requires DPR to post on its Web site, at least 30 days before closure, the name of a park intended to be closed, the approximate date of closure, and DPR contact information for any organization who may be interested in a contract to lease, operate, maintain, or provide a concession at park listed for closure. This bill requires DPR to respond to the inquiry in writing. Background Section 5002.2 of the Public Resources Code requires the DPR to develop a general plan for each state park unit. The general plan is meant to serve as the guide for future development, management, and operation of the park unit and must have elements regarding proposed land uses, facilities, concessions, operations, and resource management. The general plan for each park unit must be approved by the State Park and Recreation Commission (SPRC). Article 1 (commencing with Section 5080.30) allows DPR to enter into an agreement with federal or local public agencies for the care, maintenance, administration, and control of any state parks. Any park unit subject to such an operating agreement must have a general plan that specifically addresses how the unit is to be operated. The SPRC must determine that, according to the general plan, the unit will be operated in a manner that is consistent with DPR's management of similar parks, provides for satisfactory park resource management, and enhances the general public use and enjoyment of recreational and educational experiences at the unit. The public agency must use revenues received at the park unit for the operation, maintenance, or improvement of that park unit. Any excess revenues must be given to DPR. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No OPPOSITION : (Verified 5/9/11) American Federation of State, County and Municipal Employees, AFL-CIO SB 386 Page 3 ARGUMENTS IN SUPPORT : According to the author: "SB 386 does not expand the existing authority of the Department of Parks to enter into contracts, nor does it require the department to enter into contracts. It simply sets notification requirements that must be met by the Department of Parks before a single park may be closed. Specifically, it requires the department to notify the public of park closures and of how an interested entity can contact the department to express their interest in entering into a contract. SB 386 would also require the department to respond to inquiries in writing. "The department has alternative mechanisms to keep state parks open and operating other than closure. For instance, many local and federal entities partner with local governments, the private sector to operate and maintain public parks and recreation areas that might otherwise close. State law currently allows the department to employ similar measures. The bill simply adds transparency to existing alternatives." ARGUMENTS IN OPPOSITION : American Federation of State, County and Municipal Employees, AFL-CIO, opposes this bill and writes: "Senate Bill 386 would require the Department of Parks and Recreation to, at least 30 days prior to closing a unit of the state park system, post a notice on its website that includes the name of the unit and the proposed date of closure. This notice must also include information about how to contact the Department about entering into negotiations for a contract or agreement to lease, operate, maintain, or provide concessions at a unit proposed for closure. "Because of the vague language in SB 386, it is unclear whether the required notice will be limited to the concession activities within closed state parks or if it will allow for non-government entities to take over operation of a park. Under current law, non-governmental agencies are limited to concession activities - a limit SB 386 Page 4 that is important to keep in place to avoid the privatization of California's parks. Rather than trying to contract out our state parks, the Legislature should focus its efforts on providing state funding to keep the parks open." CTW:kc 5/9/11 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****