BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 594
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 594 (Water, Parks and Wildlife Committee)
          As Amended  August 14, 2013
          2/3 vote.  Urgency
           
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          |ASSEMBLY:  |77-0 |(May 29, 2013)  |SENATE: |39-0 |(August 26,    |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    W., P. & W.  

           SUMMARY  :  Clarifies the Department of Parks and Recreation's  
          (DPR's) authority to enter into operating agreements with  
          nonprofit organizations during the time period of the current  
          moratorium on state park closures, modifies existing law  
          relating to the process required for any future proposed park  
          closures, and makes other changes related to revenue generation  
          incentives. 

           The Senate amendments  :

          1)Modify the criteria to be considered in evaluating any future  
            proposed park closures by:

             a)   Adding significant operational efficiencies to the list  
               of criteria;

             b)   Clarifying that the criteria regarding Americans with  
               Disabilities Act compliant facilities refers to facilities  
               within state parks;

             c)   Providing that, in evaluating the extent to which a  
               proposed closure may disproportionately impact one  
               community or region of the state over another, DPR is not  
               required to prepare or contract for the preparation of new  
               studies.

          2)Require that revenues generated in excess of district-level  
            revenue targets be transferred to the State Park Revenue  
            Incentives Subaccount, and require DPR to report to the  
            Legislature on the revenues distributed to each district.

          3)Add an urgency clause allowing this bill to take effect  
            immediately upon enactment.








                                                                  AB 594
                                                                  Page  2


           EXISTING LAW  :

          1)Establishes the California State Park system and vests DPR  
            with control of the state park system and responsibility for  
            administering, protecting, developing and interpreting state  
            parks for the use and enjoyment of the public.  Requires DPR  
            to protect the state park system from damage and to preserve  
            the peace therein.

          2)Authorizes DPR to enter into agreements with private entities  
            to assist DPR 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)Authorizes DPR to collect fees, rents and other returns for  
            the use of state parks with amounts to be determined by DPR.
          4)Authorizes DPR 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)Requires DPR 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 places a  
            two-year moratorium on park closures for the 2012-13 and  
            2013-14 fiscal years.

          6)Creates the State Parks Revenue Incentives Subaccount within  
            the State Parks and Recreation Fund and provides that funds in  
            the Subaccount are continuously appropriated to DPR and  
            available for encumbrance and expenditure until June 30, 2014,  
            and for liquidation until June 30, 2016, to create incentives  
            for revenue generating projects in state parks.  Requires DPR  
            to establish revenue targets, and provides that 50% of any  
            revenues generated in excess of the revenue targets shall be  
            allocated to the district that generated the revenue, and the  
            other 50% allocated for other state park purposes, as  
            specified.

           FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.









                                                                  AB 594
                                                                  Page  3

           COMMENTS  :  This bill is a committee bill that makes several  
          changes to update statutes related to state parks.   
          Specifically, this bill:  1) clarifies that the two year  
          moratorium on park closures enacted last year does not affect  
          DPR's authority to enter into operating agreements with state  
          park partners; 2) requires DPR to explore various alternatives  
          before proposing future park closures; 3) modifies the criteria  
          DPR is to consider if it proposes park closures; and 4) requires  
          DPR to follow a public, documented process, including a hearing  
          before the State Park and Recreation Commission, in the event  
          any parks are proposed for closure in the future.  This bill  
          also clarifies that funds in the State Park Revenue Incentive  
          Subaccount created last year may be used for capital outlay  
          projects, and requires that revenues received in excess of  
          district-level revenue targets be deposited in the Subaccount. 

          The Senate amendments made minor modifications to the criteria  
          to be considered with regard to future proposed park closures,  
          and also added an urgency clause, providing that in order to  
          enable the state as soon as possible to enter into partnerships  
          and generate revenues necessary to keep state parks open to the  
          public, and to preserve the vital role of parks in ensuring  
          healthy communities, it is necessary that this bill take effect  
          immediately.  


           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096


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