BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2013-2014 Regular Session | | | ----------------------------------------------------------------- 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 1 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. 2 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" 3 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 4