BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 633
Author: Pavley (D)
Amended: 8/4/14
Vote: 21
PRIOR VOTES NOT RELEVANT
ASSEMBLY FLOOR : 75-0, 8/19/14 - See last page for vote
SUBJECT : State Parks
SOURCE : Author
DIGEST : This bill enacts several programmatic changes
designed to reduce energy costs, increase revenue generation,
and enhance visitor services at state parks, and requires
separate tracking of the budget of the State Parks and
Recreation Commission (Commission).
Assembly Amendments delete the Senate version of this bill
relating to the California Environmental Quality Act and instead
add the current language relating to state parks.
ANALYSIS :
Existing law:
1.Establishes the California State Park system and vests the
Department of Parks and Recreation (DPR) with control of the
state park system and responsibility for administering,
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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 collect fees, rents, and other returns for
the use of state parks with amounts to be determined by DPR,
to sell annual and regional passes, and to enter into
concession contracts, subject to specified conditions.
This bill:
1.States legislative findings and declarations regarding recent
and ongoing efforts to secure the financial base of DPR, and
clarifying that provisions of this bill regarding pilot
projects for sales of park passes through vendors, creation of
additional regional passes, and for mobile food and beverage
concessions, are based on existing authority of DPR.
2.Requires the Commission's costs to be reflected separately in
the Governor's annual proposed budget to increase
transparency.
3.States legislative intent that the Commission and DPR
cooperate to increase public support and participation in the
voluntary tax check-off contribution program for state parks
by soliciting public input into how the contributions should
be spent. Requires the Commission and DPR to create one or
more projects per year to be funded by the voluntary
tax-deductible contributions. Requires that the projects
funded be selected through a process involving public input,
including one or more public hearings to be held by the
Commission, and requires that DPR post information about the
selection process and chosen projects on its Internet Web
site. Provides that the projects may include, but are not
limited to, the repair, preservation, restoration, or
rehabilitation of natural or cultural resources, and programs
that facilitate increased park visitation by underserved
communities.
4.Requires DPR to report to the Legislature on or before July 1,
2015, on its energy costs, projects that could reduce those
costs and potential energy-related infrastructure projects
that may be eligible for funding from revenues that may be
generated through a market-based compliance mechanism adopted
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by the Air Resources Board (commonly known as cap and trade).
Repeals this requirement on January 1, 2020.
5.States legislative intent to increase opportunities for DPR to
sell park passes through vendors. Clarifies that DPR has
authority to increase opportunities to sell park passes
through vendor contracts, and requires DPR to report to the
Legislature on or before July 1, 2016, on its activities to
increase such opportunities. Repeals this requirement on
January 1, 2020.
6.Requires DPR on or before December 31, 2015, from available
appropriated funds, to establish a minimum of two additional
regional park passes that are available for purchase through
DPR's Internet Web site, park offices, or other designated
vendors. States legislative findings and declarations that
regional passes in the Big Sur-Monterey Bay region, the Lake
Tahoe region, north coast beaches, or other appropriate
regions may be determined by DPR to be suitable for additional
regional passes. States legislative intent that DPR create
regional passes to serve visitors interested in state parks
with a shared theme or within a region and to simplify and
facilitate fee collection from frequent park visitors. States
that the Surf Explorer Vehicle Day Use annual pass, the
Historian Passport Day Use Admissions annual pass, and the
California Park Experience Vehicle Day Use annual pass may
serve as useful models for future regional passes.
7.Adds to the conditions upon which DPR may renegotiate a
concessions contract, if the services provided pursuant to the
contract will have minimal impacts on state park resources,
are inherently mobile or transitory in nature, and do not
occupy a state-owned structure. Provides that such services
may include but are not limited to mobile food and beverage
services.
8.Requires DPR until January 1, 2018, and from available
appropriated funds, to establish a pilot program for mobile
food and beverage services in multiple state parks, as
feasible. Requires DPR to submit a report to the Legislature
on the results of the pilot program on or before January 1,
2018. Repeals this requirement on January 1, 2019. States
legislative intent that DPR in implementing this section not
compete with existing concession contracts that provide
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comparable food and beverage services to the public.
Background
In 2013, the Parks Forward Commission was appointed to conduct a
year-long process to make recommendations to address the
financial, operational, and cultural challenges necessary for
long-term system viability. A final report is anticipated by
the end of 2014.
The Commission, created in 1927 as the State Park Commission,
has specific authorities and responsibilities, which include the
approval of general plans for park units, classifying and naming
park units, establishing general policies for the
administration, protection and development of the system, and
recommending a comprehensive recreation policy for the state.
State Parks Protection Fund/Parks Pass Purchase . As a component
of the California State Park Stewardship Act of 2012 (AB 1589,
Huffman, Chapter 533), the California State Parks Protection
Fund was established to provide California taxpayers the
opportunity to purchase a California State Parks 150 Years
Commemorative Vehicle Use Annual Pass via their state income tax
return and to designate a portion of their state tax refund for
a voluntary contribution to support the preservation of state
parks. Taxpayers can make a charitable contribution deduction
for any amount deposited into the California State Parks
Protection Fund in excess of the price of the State Park Annual
Pass received, for the year in which the voluntary contribution
is made. This program generated $396,921 in 2013 and $287,547
in 2014.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Assembly Appropriations Committee, additional
General Fund costs to DPR to establish mobile food and beverage
pilot projects of up to $170,000 annually for three years. All
other costs are minor and absorbable.
SUPPORT : (Verified 8/19/14)
California Park and Recreation Society
California State Parks Foundation
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California Travel Association
East Bay Regional Parks
State Park Partners Coalition
Trust for Public Land
Watershed Conservation Authority
Watershed Conservation Authority
OPPOSITION : (Verified 8/19/14)
Department of Finance
ARGUMENTS IN SUPPORT : The Watershed Conservation Authority
(WCA) writes, "This bill requires the Department of Parks and
Recreation to engage in various cost savings measures through
the use of creative partnerships and other innovative tools to
help stabilize and broaden the department's financial base.
"The WCA is particularly supportive of the provisions in this
bill that call for a better integration of local populations in
state parks through the offering of regional passes and the
notion of expanding access to seasonal passes through private
vendors. The WCA is also supportive of the provisions of this
bill that establish a new pilot project for mobile food and
beverage concessions that may help establish parks as a
destination for local populations. Requiring the department to
prepare a report on its current energy costs and the inadequacy
of its energy infrastructure to demonstrate the need for Cap &
trade investment in energy efficiency improvements is also a
good opportunity for future funding opportunities.
"As the Legislature is fully aware, State Parks has undergone
some turbulent times in recent years. Strong direction and
guidance from the Legislature to assist the department to better
adapt to changes in the built and natural environments to insure
relevancy is critical and this bill moves in that direction."
ARGUMENTS IN OPPOSITION : The Department of Finance opposes
this bill for the following reasons:
This bill could result in decreased services to the public to
the extent that the pilot project reduces the funds available
to support the operations and maintenance of parks; the bill
directs the Department to establish the program from available
appropriated funds.
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The bill is unnecessary. Nothing in existing law precludes
the Department from establishing a pilot program for mobile
food and beverage concessions or from expanding annual
regional park passes. Furthermore, the Department has already
performed an energy benchmarking report pursuant to Governor's
Executive Order B-18-12 to reduce energy consumption and is
currently processing contracts with vendors to sell park
passes.
The Parks Forward Commission (Parks Forward), an independent
commission appointed in 2013, is charged with conducting a
process designed to address the financial, operational, and
cultural challenges facing the Department to ensure the
system's long-term viability. An updated draft report with
recommendations for a long-term plan was released in April
2014, with a final report anticipated in the fall of 2014. It
would be prudent to allow the Department to develop an overall
strategic plan before requiring specific revenue generating
activities.
Parks Forward, a 12-member independent panel of experts,
citizens, advocates, and leaders, was created in 2013 to conduct
an assessment of the State Park System and recommend substantial
improvements. The commission's goal is to design and adopt a
long-term plan for a financially sustainable State Park System
that better meets the needs of all Californians. An updated
draft report has been released and will be available for public
comment through the summer with a final report anticipated to be
adopted in the fall of 2014.
ASSEMBLY FLOOR : 75-0, 8/19/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gonzalez, Gordon, Gorell, Gray,
Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,
Jones-Sawyer, Levine, Linder, Logue, Lowenthal, Maienschein,
Medina, Melendez, Mullin, Muratsuchi, Nazarian, Nestande,
Olsen, Pan, Patterson, Perea, John A. Pérez, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
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NO VOTE RECORDED: Donnelly, Gomez, Jones, Mansoor, Vacancy
RM:e 8/19/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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