BILL NUMBER: SB 974	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 29, 2012
	AMENDED IN SENATE  MAY 1, 2012
	AMENDED IN SENATE  APRIL 11, 2012

INTRODUCED BY   Senator Evans
   (Coauthors: Assembly Members Achadjian, Alejo, Blumenfield,
Monning, V. Manuel Pérez, and Yamada)

                        JANUARY 19, 2012

   An act to add Sections 5080.45 and 5080.46 to the Public Resources
Code, relating to state parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 974, as amended, Evans. State parks: proposed closures.
   Existing law authorizes the Department of Parks and Recreation to
enter into agreements between the department and the 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 require the department  , by July 1, 2013,
 to conduct a review of the parks that are  closed
on July 1, 2012, or that are  proposed, as of  that
date   July 1, 2012,   or thereafter  ,
for future closure. The bill would  also  require
the review process required to be conducted pursuant to those
provisions to include  specified elements   an
examination of proposed park closures recommended by the department,
based on specified criteria  .  The bill would require
the department, by July 1, 2013, and by July 1 of each year
thereafter, to make a determination on the status of any state park
that may be scheduled for future closure, based on the
above-described park closure review process.  The bill would
require the department, no later than July 1, 2013, with respect to
any park that is closed on or after July 1, 2012, to prepare a plan
for the reopening of that unit of the state park system,  within
one year from the date of a unit being closed to public access or the
ending of all department support,  including specified
information.  The bill would require the department to annually
update any plan prepared pursuant to those provisions, if needed, or
if there are any additional park closures on or after July 1, 2013,
and to post a copy of the plan on its Internet Web site. 
   The bill would require the department, no later than January 1,
2014, and by January 1 of each year thereafter so long as any unit of
the state park system remains closed or is designated for closure
due to budgetary restrictions, to prepare and submit to the
Legislature a master parks reopening plan, which  shall be
compiled from park reopening plans or updated park reopening plans
required to be prepared pursuant to provisions of the bill, and that
 sets out priority actions and determines a process for
reopening any park that has been temporarily closed, to the extent
that circumstances permit, as prescribed.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  It is the intent of the Legislature to enact
legislation that will facilitate the reopening of state parks that
have been temporarily closed as a result of California's fiscal
crisis, at the earliest possible time.
  SEC. 2.  Section 5080.45 is added to the Public Resources Code, to
read:
   5080.45.  (a) The department shall  , by July 1, 2013,
 conduct a review of the parks  that are actually
closed on July 1, 2012, or  that are proposed as of July 1,
2012,  or thereafter,  for future closure.
   (b) The review of park closures required to be conducted pursuant
to subdivision (a) shall include  all of the following
elements: 
    (1)     An 
 an  examination of proposed park closures recommended by
the department,  which includes   based on 
the criteria mandated by Section 5007. 
   (2) An analysis of economic impacts on local communities resulting
from a proposed park closure.  
   (3) A formal determination by the department as to whether an
analysis is needed under Division 13 (commencing with Section 21000).
The analysis, if necessary, shall be conducted by the department.
 
   (4) Consideration of the costs of park closures, including, but
not limited to, estimations of future costs for deferred maintenance,
liability, and security.  
   (5) An examination by the department of acquisition agreements
entered into by the department and federal government pursuant to the
California Wildlife, Coastal, and Park Land Conservation Act
(Division 5.8 (commencing with Section 5900)) to ensure that those
agreements are being honored and public access to the coast is being
protected.  
   (6) Provisions for the conduct of at least two public hearings,
during which there is an opportunity for public comment and input.
One of those meetings shall be held in northern California, and one
shall be held in southern California. Public input and comments from
those meetings, or submitted to the department in writing within 30
days of the meetings, shall be considered by the department in making
any future park closure decisions.  
   (7) Consideration and documentation of any other cost savings
measures that may be taken to prevent park closures and meet the
department's budgetary goals.  
   (c) By July 1, 2013, and by July 1 of each year thereafter, the
department shall make a determination on the status of any state park
that may be considered for future closure, based on the park closure
review process set forth in subdivision (b).  
   (d) 
   (c)  (1) The department shall prepare a report that
includes, for each park proposed for closure, information supporting
the basis for that closure recommendation  pursuant to the
criteriaprescribed in   , as prescribed in 
subdivision (b), and any other relevant factors considered. 
A park closure report prepared pursuant to this subdivision shall be
posted on the department's Internet Web site and there shall be a
public comment period of 30 days following the date of release of the
report. The department shall respond, in writing, to all public
comments received within 60 days of the close of the comment period.
The department's response to comments   A park closure
report prepared pursuant to this subdivision  shall 
also  be posted on  its   the
department's  Internet Web site.  The department shall
invite public comments on the report, for a period of 30 days after
release of the report, including comments relating to requests for
additional information about potential economic impacts on local
communities, consideration of future costs incurred by the department
related to park closures, and the safety and environmental impacts
of park closures. 
   (2) The report prepared pursuant to paragraph (1) shall comply
with Section 9795 of the Government Code. 
   (3) The department shall submit a copy of the park closure report
required to be prepared pursuant to this section, including any
public comments received, to the State Parks Commission and the
Legislature.  
   (4) The park closure report shall be reviewed by the State Parks
Commission at its regularly scheduled meetings as an agenda item.
 
   (e) 
    (d)  (1) No later than July 1, 2013, with respect to any
park that is closed on or after July 1, 2012, the department shall
prepare a plan for the reopening of that unit of the park system 
within one year from the date of a park unit being closed to public
access or the ending of all department support  . The plan shall
include, at a minimum, all of the following:
   (A) A description of any work that needs to be completed in order
to reopen the park and address safety and health issues.
   (B) A summary of resource protection issues, expected park usage,
and revenue projections.
   (C) Recommendations for staffing, maintenance, revenue generation
projects, resource restoration, potential operating partners, and
community involvement at the unit of the park system.
   (D) A consideration of alternative strategies that may facilitate
reopening the unit, including the transfer of the unit to another
public entity.
   (2) The department shall annually update any plan prepared
pursuant to this subdivision if needed,  or if there are any
additional park closures on or after July 1, 2013,  and shall
post a copy of the plan on its Internet Web site. 
   (f) 
    (e)  This section does not affect or interfere with any
existing agreements between the department and federal or local
agencies and nonprofits to operate any unit of the state park system
that was identified for closure in the May 2011 state park closure
list, if those contractual agreements have not expired.
  SEC. 3.  Section 5080.46 is added to the Public Resources Code, to
read:
   5080.46.  (a) No later than January 1, 2014, and by January 1
annually thereafter so long as any unit of the state park system
remains closed or is designated for closure due to budgetary
restrictions, the department shall prepare and submit to the
Legislature a master parks reopening plan, which  sets
  shall be compiled from park reopening plans or updated
park reopening plans, and shall set  out priority actions and
 determines   determine  a process for
reopening any park that has been closed, to the extent that
circumstances permit. The plan shall consider ways to facilitate the
reopening of any closed park through the use of department staff and
resources, or operating agreements with nonprofit organizations or
public agencies. The plan prepared pursuant to this subdivision shall
be posted on the department's Internet Web site.
   (b) The plan shall  utilize the department's  
recommendations with regard to park closures and reopenings and shall
 consider the following criteria in prioritizing which parks
shall be reopened:
   (1) Whether a park had or may enter into operating agreements with
nonprofit organizations, and had prior to closure or may have in the
future significant community support as demonstrated through
community involvement and donations.  The department shall
give priority to reopening parks that have a record of using
operating agreements with nonprofit organizations for park
operations, significant donations, and community support. 
   (2) The impact of a park closure  , including economic
impacts of a closure,  on nearby communities.
   (3) An evaluation of the potential for the reduction of
environmental and economic costs of deteriorating facilities,
liability, and security concerns relating to the reopening of a
particular park.
   (4) Whether the reopening of a park would result in the reduction
of illegal activity and resource degradation.
   (c) Nothing in this section is intended to prevent the department
from reopening any unit of the state park system that has been closed
where any source of nongovernmental funding has been secured to
maintain and operate that unit. 
   (d) A copy of the department's master list of park closures shall
be posted on its Internet Web site.