BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                   SB 386|
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                                 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.
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          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







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           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 







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            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

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