BILL ANALYSIS Ó
SB 386
Page 1
SENATE THIRD READING
SB 386 (Harman)
As Amended June 30, 2011
2/3 vote. Urgency
SENATE VOTE :33-1
WATER, PARKS & WILDLIFE 10-2
APPROPRIATIONS 15-0
-----------------------------------------------------------------
|Ayes:|Huffman, Halderman, Bill |Ayes:|Fuentes, Harkey, |
| |Berryhill, Blumenfield, | |Blumenfield, Bradford, |
| |Fong, Gatto, | |Charles Calderon, Davis, |
| |Roger Hernández, Hueso, | |Donnelly, Gatto, Hall, |
| |Jones, Olsen | |Hill, Mitchell, Nielsen, |
| | | |Norby, Solorio, Wagner |
|-----+--------------------------+-----+--------------------------|
|Nays:|Campos, Yamada | | |
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires the Department of and Recreation (DPR) to
post specified information on its Web site prior to closing a
state park. Specifically, this bill :
1)Requires DPR, at least 30 days prior to the date it plans to
close all or a significant portion of 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.
SB 386
Page 2
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.
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 Assembly Appropriations
Committee, minor, absorbable annual costs to DPR. (Special
fund.)
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 and that 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.
SB 386
Page 3
Earlier this year the Governor proposed and the Legislature
approved an $11 million reduction in General Fund support to DPR
for fiscal year 2011-12. The Administration has indicated its
intent to propose an additional $11 million reduction in funding
to DPR in the following fiscal year, for an ongoing $22 million
annual 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.
Supporters assert 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, and will
ensure that park users have the benefit of full public
consideration of alternative park management possibilities.
The American Federation of State, County and Municipal Employees
(AFSCME), AFL-CIO, asserts in opposition that this bill is vague
as to whether the notice is limited to concession activities
within closed state parks or would apply to other types of state
park operations. AFSCME asserts that rather than trying to
contract out state parks, the Legislature should focus its
efforts on providing state funding to keep state parks open.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0001955