BILL ANALYSIS                                                                                                                                                                                                    Ó





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2013-2014 Regular Session                    |
          |                                                                 |
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          BILL NO: AB 594                    HEARING DATE: June 25, 2013  
          AUTHOR: Assm. Nat. Resources and Wildlife  URGENCY: Yes 
          VERSION: June 18, 2013             CONSULTANT: Bill Craven  
          DUAL REFERRAL: No                  FISCAL: Yes  
          SUBJECT: State parks; operating agreements: park closures.  
          
          BACKGROUND AND EXISTING LAW
          1. State law has established the California State Park system  
          and vested the Department of Parks and Recreation (DPR) with the  
          responsibility for administering, protecting, developing and  
          interpreting state parks for the use and enjoyment of the  
          public. DPR is also required to protect the state park system  
          from damage and to preserve the peace within state parks. 
           
          2.  DPR is authorized to enter into agreements with private  
          entities to assist it in securing long-term private funding  
          sources for units of the state park system, and to ensure that  
          the parks are preserved and open to the public for their use and  
          enjoyment. DPR's authority includes but is not limited to  
          securing donations, memberships, corporate and individual  
          sponsorships, and marketing and licensing agreements. 

          3.  DPR is authorized to collect fees, rents and other returns  
          for the use of state parks with amounts to be determined by DPR.  


          4.  DPR is authorized to enter into operating agreements with  
          qualified nonprofit entities that will enable DPR to keep parks  
          open that would otherwise be subject to closure. 

          5.  DPR is required to achieve required budget reductions by  
          closing, partially closing, and reducing services at selected  
          units of the state park system based on specified factors, but  
          is subject to a two-year moratorium on park closures for the  
          2012-13 and 2013-14 fiscal years. 

          6.  The State Parks Revenue Incentives Subaccount within the  
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          State Park and Recreation Fund was created in 2012 and provides  
          that funds in the subaccount are continuously appropriated to  
          DPR until June 30, 2016, to create incentives for revenue  
          generating projects in state parks. 

          PROPOSED LAW
          This bill makes technical and clarifying changes to the  
          legislation passed in 2012 following revelations of fiscal  
          mismanagement by DPR. Clarification is needed regarding DPR's  
          authority to enter into operating agreements with nonprofit  
          organizations during the time period of the current moratorium  
          on state park closures. Additionally, the bill modifies existing  
          law relating to the process required for any future proposed  
          park closures. Specifically, this bill: 

          1.  Clarifies that the two-year moratorium on state park  
          closures enacted in 2012 does not limit or affect DPR's  
          authority to enter into operating agreements with qualified  
          nonprofit organizations for the purpose of operating a state  
          park. 


          2.  Requires DPR, in the event any parks are proposed for  
          closure in the future, to document and publicly disclose the  
          methodology, rationale and scoring system used to evaluate and  
          select parks for proposed closure, and modifies the criteria DPR  
          must consider. The bill also requires the State Park and  
          Recreation Commission to hold a public hearing on any proposed  
          park closures. It adds to the criteria to be considered prior to  
          closure factors of fire risk, economic impact and any  
          disproportionate impact of one region compared to another, and  
          any reduction in facilities at state parks that may comply with  
          the American with Disabilities Act of 1990. 


          3.  Clarifies legislative intent that DPR achieve any required  
          budget reductions by implementing efficiencies and increasing  
          revenue collections, and that full park closures be considered  
          only as a last option after other feasible alternatives,  
          including but not limited to, operating agreements with  
          qualified nonprofits and local governments are explored. 


          4.  Clarifies that funds in a subaccount continuously  
          appropriated in last year's budget to provide incentives for  
          revenue generation in park districts may be used for capital  
          outlay projects. 
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          ARGUMENTS IN SUPPORT
          A coalition of parks advocates, nonprofit partners of parks, and  
          conservation groups expressed its support for the bill because  
          of the importance in clarifying that the state should be able to  
          continue to work with these groups even for parks not faced with  
          closure. Such an interpretation has been offered by some and by  
          changing the language in the 2012 legislation, that  
          interpretation would be repudiated. 

          Older law also directed DPR to consider closures to adjust to  
          budget shortfalls. A new approach, codified in 2012, instead  
          suggests that DPR focus on efficiencies, revenue generation, and  
          service reductions prior to instituting closures. This bill also  
          requires a public hearing before closure. 

          A recent amendment added an urgency clause to enable the  
          department to enter into agreements to implement last year's  
          provisions without delay. The department is currently  
          negotiating agreements with 4 non-profits.  Another recent  
          amendment restored language authorizing the department to  
          consider cost efficiencies in evaluating proposed park closures.  


          ARGUMENTS IN OPPOSITION
          None received. 

          COMMENTS 
          A technical amendment has been requested by DPR and is  
          acceptable to the author. 

          SUGGESTED AMENDMENTS 

               AMENDMENT 1  
               Page 5, line 21, after "facilities" add "within state  
               parks" 











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          SUPPORT
          California State Parks Foundation
          Anza-Borrego Foundation
          Benicia State Parks Association
          Bidwell Mansion community Project
          California League of Park Associations
          Calaveras Big Trees Association
          Central Coast State Parks Association
          Chino Hills State Park Interpretive Association
          Coastside State Parks Association
          Cuyamaca Rancho state Park Interpretive
          Freinds4Picacho
          Friends of Channel Coast State Park
          Friends of China Camp
          Friends of Lake Folsom and Natoma
          Friends of Palomar Mountain State Park
          LandPaths
          Los Encinos Docent Association
          Mendocino Area Parks Association
          Mojave River Natural History Association
          Mountain Parks Foundation
          Plumas Eureka State Park
          Point Cabrillo Light Keepers Association
          Red Rock Canyon Interpretive Association
          Save Saddleback Fund
          Sea and Desert Interpretative Association
          Sempervirens Fund
          South Yuba River Citizen's League
          South Yuba River Park Association
          Stewards of the Coast and Redwoods
          The Trust for Public Land
          Valley of the Moon Natural History Association


          OPPOSITION
          None Received









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