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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