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 ----------------------------------------------------------------- |ASSEMBLY: |77-0 |(May 29, 2013) |SENATE: |39-0 |(August 26, | | | | | | |2013) | ----------------------------------------------------------------- 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 FN: 0001802