BILL NUMBER: SB 599	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JULY 3, 2013
	AMENDED IN ASSEMBLY  JUNE 12, 2013
	AMENDED IN SENATE  APRIL 10, 2013

INTRODUCED BY   Senator Evans

                        FEBRUARY 22, 2013

   An act to amend Sections 535  , 535.5, and 541.5 
 and 535.5  of, and to add Sections 530.5  and
541.7   , 541.7, and 541.8  to, the Public
Resources Code, relating to state parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 599, as amended, Evans. State parks.
   Existing law establishes the State Park and Recreation Commission
within the Department of Parks and Recreation, and sets forth the
commission's duties, including, among others, to evaluate and assess
the department's deferred maintenance obligations, and to report
annually to the Governor on recreational facilities, programs, and
activities of the state park system.
   This bill would require the commission to also evaluate and assess
the department's proposed capital outlay and infrastructure
expenditures, and would require the commission's annual report to
identify any budgetary requests of the commission for consideration
by the  Department of Finance and the Legislature 
   Director of the Department of Parks and Recreation
 , as specified. The bill would authorize the commission to
conduct public meetings or hearings on all matters within the
jurisdiction of the department, and would require the commission to
meet at least quarterly and to achieve geographic balance in the
locations at which meetings are held. The bill, if the department
proposes to close a state park on or after the 2014-15 fiscal year,
would require the department to first provide notice to the
commission 6 months in advance, and would also require the Department
of Finance to establish a separate line item in the annual Budget
Act for any annual appropriations to the commission proposed by the
Governor or appropriated by the Legislature. The bill would make
various findings and declarations of the Legislature relating to the
Department of Parks and  Recreations  
Recreation  .
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The Department of Parks and Recreation has experienced
difficult years with decreased funding, the threatened closure of
dozens of important state parks, and fiscal mismanagement that
resulted in at least four separate audits or investigations.
   (b) In its initial response to these circumstances, in 2012, the
Legislature directed the department to establish a revenue generation
program with dedicated funding, expanded opportunities for contracts
and other arrangements with nonprofits to help keep parks open,
added legislative ex officio members to the State Park and Recreation
Commission, and directed the commission to review the deferred
maintenance backlog at the department.
   (c) In addition, among other provisions, in 2012, the Legislature
authorized the sale of specialized state park license plates,
required a prioritized plan to increase revenues and collect user
fees, and prohibited the closure of any parks for a specified period.

   (d) Because of the important public functions provided by the
department and the importance of continued public oversight of the
department, including, but not limited to, the implementation of the
various budget and statutory provisions enacted in 2012, the
Legislature has determined to enact this measure.
  SEC. 2.  Section 530.5 is added to the Public Resources Code, to
read:
   530.5.  The commission shall meet at least quarterly and shall
achieve geographic balance in the locations at which meetings are
held. The commission may arrange for its meetings to be broadcast or
streamed live on the Internet through a contract with a provider. The
commission may also conduct meetings through videoconferencing to
achieve financial savings.
  SEC. 3.  Section 535 of the Public Resources Code is amended to
read:
   535.  (a) The commission shall report annually to the Governor,
through the director, on existing and operating recreational
facilities, programs  ,  and activities of the state park
system, and the needs of the state and the local subdivisions of the
state for recreational facilities, programs, and activities, and
shall make recommendations for programs and activities to meet future
needs of the state for parks and recreation.
   (b) The annual report shall identify any budgetary requests of the
commission for consideration by the  Department of Finance
and the Legislature   director  , including,
notwithstanding the provisions of Section 534.5, recommendations for
staff that may be hired.
  SEC. 4.  Section 535.5 of the Public Resources Code is amended to
read:
   535.5.  (a) The commission shall evaluate and assess the
department's deferred maintenance obligations and proposed capital
outlay and infrastructure expenditures. After public notice and at a
public hearing, following a presentation by the relevant district
superintendent, the commission may consider the nature and extent,
and establish the relative priority, of prospective deferred
maintenance projects of the department.
   (b) The commission may provide advice to the Governor, the
Legislature, and the department on policies, projects, and other
matters pertaining to parks, recreation, and public access affecting
the state park system.
   (c) The commission may conduct an annual workshop or series of
workshops to review the department's annual operating budget and
proposed capital improvement projects.
   (d) The commission may make recommendations to improve visitor
services and visitor satisfaction in parks, assess the progress and
challenges with regard to the protection of natural, cultural, and
historical resources within the state park system, and enhance
revenue opportunities across the state park system.
   (e) The commission may assist in promoting the state park system
and parks and recreational facilities and programs.
   (f) The commission may conduct public meetings or hearings on all
matters within the jurisdiction of the department, including, but not
limited to, revenue generation, public-private partnerships, and
concession agreements.
   (g) The sum of one hundred twenty  thousands 
 thousand  dollars ($120,000) annually in the 2012-13 and
2013-14 fiscal years is hereby appropriated from the State Parks and
Recreation Fund to the commission for the purpose of funding those
activities authorized under this section. 
  SEC. 5.    Section 541.5 of the Public Resources
Code is amended to read:
   541.5.  (a) The department shall not close, or propose to close, a
state park in the 2012-13 or 2013-14 fiscal year. The commission and
the department shall recommend all necessary steps to establish a
sustainable funding strategy for the department to the Legislature on
or before January 1, 2015.
   (b) There is hereby appropriated twenty million five hundred
thousand dollars ($20,500,000) to the department from the State Parks
and Recreation Fund, which shall be available for encumbrance for
the 2012-13 and 2013-14 fiscal years, to be expended as follows:
   (1) Ten million dollars ($10,000,000) shall be available to
provide for matching funds pursuant to subdivision (c).
   (2) Ten million dollars ($10,000,000) shall be available for the
department to direct funds to parks that remain at risk of closure or
that will keep parks open during the 2012-13 and 2013-14 fiscal
years. Priority may be given to parks subject to a donor or operating
agreement or other contractual arrangement with the department.
   (3) Up to five hundred thousand dollars ($500,000) shall be
available for the department to pay for ongoing audits and
investigations as directed by the Joint Legislative Audit Committee,
the office of the Attorney General, the Department of Finance, or
other state agency.
   (c) The department shall match on a dollar-for-dollar basis all
financial contributions contributed by a donor pursuant to an
agreement for the 2012-13 fiscal year for which the department
received funds as of July 31, 2013, and for agreements entered into
in the 2013-14 fiscal year. These matching funds shall be used
exclusively in the park unit subject to those agreements.
   (d) The department shall notify the Joint Legislative Budget
Committee in writing not less than 30 days before the expenditure of
funds under this section of the funding that shall be expended, the
manner of the expenditure, and the recipient of the expenditure.
   (e) If the department proposes to close a state park on or after
the 2014-15 fiscal year, the department shall not do so unless it
first provides notice to the commission six months in advance in
order to provide the commission an opportunity to provide input and
to propose one or more alternatives to closure. 
   SEC. 6.   SEC. 5.   Section 541.7 is
added to the Public Resources Code, to read:
   541.7.  The Department of Finance shall establish a separate line
item in the annual Budget Act for any annual appropriations to the
commission proposed by the Governor or appropriated by the
Legislature.
   SEC. 6.    Section 541.8 is added to the  
Public Resources Code   , to read:  
   541.8.  If the department proposes to close a state park on or
after the 2014-15 fiscal year, the department shall not do so unless
it first provides notice to the commission six months in advance in
order to provide the commission an opportunity to provide input and
to propose one or more alternatives to closure.