BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 386
                                                                  Page  1

          Date of Hearing:   June 24, 2011

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                                Jared Huffman, Chair
                    SB 386 (Harman) - As Amended:  April 25, 2011

           SENATE VOTE  :   33-1
           
          SUBJECT  :   State Parks: proposed closures: public notice

           SUMMARY  :   Requires the Department of Parks & Recreation (DPR) 
          to post specified information on its website prior to closing a 
          state park.  Specifically,  this bill  :

          1)Requires DPR, at least 30 days prior to the date it plans to 
            close a state park to public access, to post on its Internet 
            Web site the name of the park, the approximate date of 
            proposed closure, and information about how to contact DPR in 
            writing if an individual or other party is interested in 
            entering into negotiations with DPR for a contract or 
            agreement to lease, operate, maintain, or provide concessions 
            at a unit of the park system that is proposed to be closed.

          2)Requires DPR to respond in writing to any inquiry received in 
            connection with the information that is posted regarding the 
            proposed park closure.

          3)Contains an urgency clause providing that in order to require 
            DPR to provide timely notice to the public on its Web site of 
            proposed park closures, it is necessary that this act take 
            effect immediately.  

           EXISTING LAW  :

          1)Authorizes DPR to enter into operating agreements with local 
            government entities for the operation of a state park unit.  
            Requires that operating agreements be reviewed by the 
            Legislature as part of the annual budget process or be 
            reviewed and approved by the State Public Works Board, with 
            specified exceptions.

          2)Authorizes DPR to enter into contracts with for-profit 
            companies for concession services in state parks, subject to 
            specified criteria.









                                                                  SB 386
                                                                  Page  2

          3)Authorizes DPR to enter into cooperative agreements with 
            nonprofit organizations to provide educational and 
            interpretive services in state parks.

          4)Authorizes DPR to enter into an operating agreement with a 
            qualified nonprofit organization for the development, 
            improvement, restoration, care, maintenance, administration, 
            and control of El Presidio de Santa Barbara State Historic 
            Park.

          5)Authorizes DPR to enter into an operating agreement with a 
            qualified nonprofit organization for the development, 
            improvement, restoration, care, maintenance, administration, 
            and control of the Marconi Conference Center.

           FISCAL EFFECT  :   According to the Senate Appropriations 
          Committee, pursuant to Senate Rule 28.8, negligible state costs. 
           

           COMMENTS :   The author of this bill notes that California's 
          state parks are an important part of the economy and culture of 
          California's communities.  These areas of wilderness and open 
          space are treasured resources that should be protected. This 
          bill would require DPR to explore other options for operating 
          parks, such as local, federal, or private sector operators, 
          before closing a park.  The author's goal with this bill is to 
          add transparency to the park closure process and allow other 
          groups that might be interested in operating a state park to 
          have the opportunity to indicate their interest to DPR to do so.

          The Governor proposed and the Legislature approved an $11 
          million reduction in General Fund support to DPR for fiscal year 
          2011/12, to be followed by another $11 million reduction in the 
          following fiscal year.  The Governor has indicated that he 
          intends for this to be an ongoing $22 million reduction in 
          General Fund support to DPR.  On May 13, 2011 the Governor 
          announced the Administration's intent to close 70 of the 278 
          parks in the state park system as a result of the budget 
          reductions.

           Support Arguments  :  The author asserts this bill will increase 
          transparency and provide other potential park partners with an 
          opportunity to indicate their interest in operating or 
          maintaining a state park before the park is closed by DPR to 
          public access.  The Orange County Taxpayers Association believes 








                                                                  SB 386
                                                                  Page  3

          this bill would ensure that park users have the benefit of full 
          public consideration of alternative park management 
          possibilities.

           Opposition Arguments  :  The American Federation of State, County 
          and Municipal Employees (AFSCME), AFL-CIO, opposes this bill 
          because they feel that the bill is vague and therefore unclear 
          as to whether the notice will be limited to concession 
          activities within closed state parks or if it will allow for 
          non-governmental entities to take over operation of a park.  
          They assert that under current law non-governmental entities are 
          limited to concession activities. AFSCME asserts that rather 
          than trying to contract out our state parks, the Legislature 
          should focus its efforts on providing state funding to keep 
          state parks open.

          The committee may wish to consider that this bill does not 
          require DPR to enter into an operating agreement with any 
          non-governmental entity that would otherwise not be authorized 
          by law, but does require DPR to respond in writing to any 
          inquiry received in connection with the information provided by 
          DPR on its Internet Web site relative to planned park closures. 

           Related Legislation  :  AB 42 (Huffman) would authorize DPR to 
          enter into an operating agreement with a qualified nonprofit 
          organization if the operating agreement would avoid a park 
          closure.  AB 42 passed this committee earlier this year on a 
          vote of 13-0.  SB 356 (Blakeslee) requires DPR to notify 
          counties and cities of planned park closures and to enter into 
          negotiations with a county or city that is interested in 
          operating a state park that is planned for closure.  SB 356 is 
          also pending hearing in this committee.

           Potential Amendments for consideration  :  This bill currently 
          requires DPR to notify the public of its intent to close a state 
          park to public access, and to provide information on how to 
          contact DPR if an entity is interested in entering into 
          negotiations with DPR to lease, operate, maintain, or provide a 
          concession at the park.  While there has been a great deal of 
          focus recently on the Governor's proposal to close 70 state 
          parks, what has sometimes been lost in the discussion is the 
          fact that many state parks are already subject to functional 
          closures in the form of limited hours of operation, closed 
          campgrounds, seasonal closures, weekday or weekend closures, 
          locked restrooms and other reductions in services.  The author 








                                                                  SB 386
                                                                  Page  4

          and committee may wish to consider an amendment expanding this 
          bill to apply to both full and partial closures of a state park, 
          with closures defined to include any significant reduction in 
          public access to all or a substantial portion of a state park 
          unit.   

           Technical Amendment  :  Committee staff recommends a technical 
          amendment to this bill to avoid chaptering out problems with SB 
          356 (Blakeslee) and AB 42 (Huffman) as follows:

          On page 2, line 1, strike "5080.42" and insert "5080.44."

           REGISTERED SUPPORT / OPPOSITION  :

           Support                         Opposition  
          Orange County Taxpayers AssociatonAFSCME

           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916) 
          319-2096