BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
                             Senator Fran Pavley, Chair
                                2015 - 2016  Regular 

          Bill No:            AB 988          Hearing Date:    July 14,  
          2015
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          |Author:    |Mark Stone             |           |                 |
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          |Version:   |June 30, 2015    Amended                             |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|Angee Doerr                                          |
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           Subject:  Outdoor Environmental Education and Recreation Grants  
                                      Program.


          BACKGROUND AND EXISTING LAW
          Existing law:
          1)Establishes the Department of Parks and Recreation (DPR),  
            which is responsible for administering the state park system.   
            DPR has also been directed under prior bond acts to administer  
            grant programs for local and regional parks and related  
            programs.  DPR is authorized to provide spaces within the  
            state park system for schools to use for environmental  
            education (Public Resources Code (PRC) Division 1, Chapter 1,  
            Article 1, commencing with Section 500).


          2)Establishes guidelines for DPR to use in granting funds for  
            programs that provide outdoor environmental education  
            experiences to low-income students on public properties (PRC  
            Division 5, Chapter 1.55, commencing with Section 5095).


          3)Establishes a statewide environmental education program, to be  
            administered by the Office of Education and Environment within  
            the Department of Resources, Recycling and Recovery  
            (CalRecycle), in cooperation with other agencies.  The  
            program, among other things, calls for development of a  
            unified education strategy on the environment for elementary  
            and secondary schools, including environmental education  







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            principles (PRC Section 71300).


          4)Requires the Office of Education and Environment to develop a  
            model environmental education curriculum, to submit the  
            curriculum to the Instructional Quality Commission for review,  
            to make the curriculum available electronically, and to  
            coordinate with other state agencies to facilitate its use  
            (PRC Section 71302).


          5)Establishes the Environmental Education Account in the State  
            Treasury and authorizes CalRecycle to expend funds in the  
            Account (PRC Section 71305).


          6)States legislative findings and declarations that the State's  
            model Education and the Environment Curriculum is the first of  
            its kind in the nation to receive State Board of Education  
            approval.  Declares that CalRecycle should collaborate across  
            agencies and disciplines, including the California  
            Environmental Education Protection Agency (CalEPA), the  
            California Department of Education (CDE), and the Natural  
            Resources Agency (CNRA), to achieve the goal of promoting  
            environmental literacy and use of the curriculum (Chapter 356,  
            Statutes of 2013).





          7)Dictates reporting requirements for all program reports  
            required by the Legislature (Government Code (GOV) Section  
            9795).






          PROPOSED LAW
          This bill:










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          1)States legislative findings and declarations regarding the  
            importance of park access, outdoor education, and outdoor  
            recreational experiences to the health and well being of  
            California citizens and for continuing stewardship of our  
            natural resources, and regarding the public health problems  
            exacerbated by the lack of equitable access to these places  
            and experiences in many communities.  Makes further  
            declarations regarding the findings of the Parks Forward  
            Commission, and the outcomes and benefits of other state  
            environmental education and local park programs.

                         

          2)States the intent of the Legislature to expand access to parks  
            and other outdoor educational and recreational opportunities  
            in underserved areas by convening and developing strategic  
            partnerships to facilitate, promote and enhance park access as  
            well as outdoor educational and recreational experiences in  
            underserved communities.


          3)Requires DPR to establish an Outdoor Environmental Education  
            and Recreation Grants Program to increase the ability of  
            underserved and at-risk populations to participate in outdoor  
            recreation and educational experiences by awarding grants to  
            public and nonprofit organizations.


          4)Requires the director of DPR in developing the program to meet  
            specified criteria and give priority to underserved  
            populations, including both urban and rural areas, and  
            low-income communities where participation in outdoor  
            environmental education and recreation programs has been  
            limited.


          5)Authorizes the director of DPR to develop an advisory task  
            force, as specified, to assist in developing the program.


          6)Requires that priority be given in funding to programs that  
            have one of the following attributes:

               a)     Serve at-risk youth and underserved demographic  








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                 groups

               b)     Include public, private, and nonprofit partnerships.

               c)     Contribute to healthy lifestyles

               d)     Maximize numbers of participants

               e)     Commit in-kind resources

               f)     Have a curriculum aligned to the science content  
                 standards for California public schools adopted by the  
                 State Board of Education

               g)     Foster stewardship of the environment and includes  
                 curriculum developed under the statewide environmental  
                 education program

               h)     Integrates instruction in science, technology,  
                 engineering and mathematics

               i)     Includes service learning and community outreach to  
                 build partnerships between participants and local  
                 communities.


          7)Provides that reverted and unencumbered funds from the  
            California Clean Water, Clean Air, Safe Neighborhood Parks,  
            and Coastal Protection Act of 2002 (Proposition 40) may be  
            appropriated by the Legislature for the purpose of this bill,  
            if consistent with the requirements of that Act.


          8)Authorizes the director of DPR to additionally accept private  
            donations made for support of the program, and to solicit and  
            accept private funding to help supplement the costs of the  
            program.  Specifies that such funding sources may include, but  
            are not limited to, foundations, corporate funding, crowd  
            funding resources, donation drives, and other sources.


          9)Requires that all moneys received for these purposes be  
            deposited in the California Youth Outdoor Education Account,  
            which this bill creates within the State Park and Recreation  








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            Fund, and be continuously appropriated to DPR for purposes of  
            the program.


          10) Requires the department to gather information from  
            applicants each award year in order to evaluate the  
            effectiveness of outdoor environmental education and  
            recreation programs in achieving the program's objectives. The  
            information must be compiled into a report for the budget and  
            fiscal committees of the Legislature, in compliance with GOV  
            Section 9795.


          11) Amends the State Urban Parks and Healthy Communities Act to  
            clarify that funds appropriated for purposes of that Act may  
            include programs in public park properties in the coastal  
            zone.

          ARGUMENTS IN SUPPORT
          California State Parks Foundation writes that "promoting quality  
          outdoor education and recreation programs is a way to help bring  
          the California Children's Outdoor Bill of Rights to life, which  
          includes 10 rights that every child should have in accessing  
          nature and the outdoors?Exposure to the natural environment  
          affords unique opportunities for children to learn about  
          biology, astronomy, ecology, earth sciences, and other  
          science-based principles in ways that are spontaneous and occur  
          informally. Providing access to outdoor recreation opportunities  
          helps children have an outlet for fitness and learn skills that  
          will help them become self-sufficient in later years."

          Mountains Recreation and Conservation Authority adds, "AB 988  
          seeks to fill a gap in California's education programs that fail  
          to connect underserved and low-income students with nature. The  
          bill would provide funding to public entities and nonprofit  
          organizations with environmental and recreational education  
          programs to fund opportunities for California youth from all  
          economic backgrounds to benefit from outdoor environmental  
          education."

          ARGUMENTS IN OPPOSITION
          None Received

          COMMENTS








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          Is outdoor environmental education beneficial? AB 1330  
          (Simitian, Chapter 633, Statutes of 2003) established the  
          Outdoor Environmental Education Program, administered by CDE, to  
          support outdoor environmental programs serving primarily at-risk  
          youth. The program involved participation in outdoor  
          environmental activities, including service learning and  
          community outreach components. The program was in effect for one  
          year, sunset on January 1, 2005, and was repealed on January 1,  
          2006. 

          AB 1330 called for an independent study of the benefits of the  
          program. The study was performed by the American Institutes for  
          Research and focused on 255 sixth-grade students from four  
          elementary schools who attended three outdoor education programs  
          in Tulare, Los Angeles, and San Diego Counties in 2004. The  
          study found that, among other things, the science test scores of  
          children who participated in these programs were raised by 27%.  
          The children also exhibited measurable improvements in conflict  
          resolution and problem solving, self-esteem, and learning  
          motivation. Children who attended the outdoor science programs  
          showed statistically significant positive gains in all eight  
          constructs on which they were rated. Also of note, 56% of the  
          participants reported that the outdoor school experience  
          represented the first time they had spent time in a natural  
          setting. The study did note that due to the small sample size,  
          "findings cannot be generalized to all students attending  
          outdoor education programs in California, particularly because  
          of the range of programs that exist. However, this research  
          indicates a large number of positive outcomes for at-risk  
          children who attend resident outdoor science schools certified  
          by the California Department of Education."  

          Similar DPR Grant Programs: Since 2000, over 90% of the grant  
          funds administered by DPR have come from bond acts approved by  
          the voters. The most recent of these was Proposition 84 (Safe  
          Drinking Water, Water Quality and Supply, Flood Control, River  
          and Coastal Protection Bond Act of 2006), which, among other  
          things, made $368 million available for a statewide park program  
          emphasizing creation of park space for underserved communities.  
          Those funds have all been awarded at this point. DPR indicates  
          that over 900 applications were received requesting over $3  
          billion in funding for the $368 million available.
           
          DPR also administers several outdoor education and recreation  








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          programs funded entirely with outside private donations. For  
          example, DPR's Office of Community Involvement administers a  
          youth leadership program entitled "Outdoor Youth Connection"  
          which trains youth leaders to conduct outdoor recreational  
          outings, DPR's FamCamp Program which introduces families from  
          low income urban communities to camping, and an Outdoor  
          Recreational Leadership Training program that trains community  
          leaders of other organizations to lead their own outdoor  
          recreational activities. DPR indicates that over the past four  
          years these programs collectively have been funded through an  
          average of $125,000 received annually in donations from private  
          sources. While these programs have been well received by  
          participants, they have been limited in scope and capacity due  
          to the limited nature of the funding.
           
          Finally, DPR's Division of Interpretation and Education offers a  
          summer learning program for urban schools funded through a grant  
          from the Packard Foundation and the California State Parks  
          Foundation, and administers a distance learning  
          videoconferencing program known as PORTS which brings park  
          interpretation to kids in K-12 public school classrooms through  
          their computers.
           
          Other state Environmental Education Programs: While there are  
          other existing state programs related to environmental  
          education, few if any of these are focused specifically on  
          providing grant funding for actual development and  
          implementation of outdoor environmental education programs  
          serving at-risk youth. In addition to the programs mentioned  
          above, the CDE develops curricula for use by educators in the  
          classroom, and the Office of Environment and Education in the  
          Department of Resources Recycling and Recovery coordinates the  
          development of model environmental education curricula. However,  
          neither of these offices provides grants for actual development  
          and implementation of outdoor environmental education programs.  
          Some county offices of education and local school districts  
          operate outdoor environmental education resident science  
          programs. However, these programs are generally operated as fee  
          for service programs, which not all schools can afford, and are  
          not available statewide.
           
          California Environmental Education Interagency Network (CEEIN):  
          The bill authoriszes the director of DPR to develop an advisory  
          task force, which may include representatives from CEEIN. CEEIN  








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          is a state government consortium of environmental educators  
          representing departments, boards, and commissions of the CDE,  
          CalEPA, Resources, and Department of Food and Agriculture  
          (CDFA). The partnership is solidified by a memorandum of  
          understanding, which has been signed by the state Superintendent  
          of Public Instruction and the secretaries of CalEPA, Resources,  
          and CDFA. The California Coastal Commission currently hosts the  
          CEEIN Web site.

          Parks Forward Commission Report:  The Parks Forward Commission  
          is an independent commission that was appointed by the Secretary  
          of the Natural Resources Agency to conduct a comprehensive  
          review of the state park system.  The Commission issued its  
          final report and recommendation on January 30, 2015.  One of the  
          top priority recommendations of the Commission was that the  
          state should improve park access to underserved communities,  
          with a particular emphasis on the needs of younger generations.   
          As the legislative findings in this bill indicate, the  
          Commission found, among other things, that improving access to  
          parks, outdoor experiences, and recreational opportunities,  
          particularly for youth in disadvantaged communities, will lead  
          to more healthy lifestyles, better educational outcomes, and  
          improvements to the overall well-being of California citizens,  
          communities, and our natural environment.

          Prior and Related Legislation: 
          AB 1603 (Stone, 2014) was a similar bill but was held in the  
          Assembly Appropriations Committee. One significant difference  
          between AB 1603 and this bill is that AB 1603 proposed to fund  
          the program from the General Fund, whereas this bill proposes  
          that the program be funded from private funding sources and  
          reverted and unencumbered Proposition 40 bond funds, which  
          specifically authorized a portion of the proceeds from the sale  
          of the bonds to be used to fund outdoor environmental education  
          and recreation programs serving disadvantaged youth.  

          AB 2989 (Fuentes, 2008) was similar to this bill but was held in  
          the Senate Appropriations Committee. AB 2989 initially proposed  
          that funding for the program come from the Environmental License  
          Plate Fund (ELPF) but was later amended to make implementation  
          contingent on funding being provided in the annual budget act,  
          without a specific source being identified. 

          SB 207 (Padilla, 2007) was also substantially similar to this  








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          bill but was held in the Senate Appropriations Committee. SB 207  
          proposed that funding come from the General Fund and donations. 

          SB 1649 (Alarcon, 2006) proposed to fund the program from the  
          Resources Trust Fund (tidelands revenue) and the ELPF. SB 1649  
          was held in the Senate Appropriations Committee. 

          AB 1330 (Simitian, Chapter 633, Statutes of 2003) enacted the  
          original pilot program, and provided that the program and its  
          evaluation would be implemented only if the Department of  
          Finance determined that private funds were made available for  
          purposes of the costs of the program and its evaluation.

          AB 2150 (Rendon, 2014) would have created a new division of  
          community initiatives and park access within DPR, and called for  
          the development of a strategic action plan for improving park  
          access and relevancy for underserved populations.  It also  
          included an emphasis on development of partnerships to address  
          park and recreational needs of underserved youth and young  
          adults, and to connect youth with nature and the outdoors.  AB  
          2150 was vetoed by the Governor.

          SB 204 (Pavley, 2015), which is currently before Assembly  
          Appropriates, authorizes, among other things, DPR to accept  
          donations of money from public or private sources to fund  
          programs to benefit youth, and to enter into agreements with  
          public or nonprofit organizations to provide service and  
          learning opportunities for youth.
          

          SUPPORT
          Audubon California
          Big Sur Land Trust
          Bolsa Chica Land Trust
          California Association of Local Conservation Corps
          California Black Health Network
          California Coastal Protection Network
          California Council of Land Trusts
          California League of Conservation Voters
          California Outdoor School Association
          California Park and Recreation Society
          California Special Districts Association
          California State Parks Association
          California State Parks Rangers Association








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          California State PTA
          City of Fairfield
          City of Thousand Oaks
          City of Vista
          Defenders of Wildlife
          East Bay Regional Park District
          Environmental Action Committee of West Marin
          Environment California
          Laborers' International Union of North America (LIUNA) Locals  
          777 & 792
          League of California Cities
          League to Save Lake Tahoe
          Los Angeles Neighborhood Land Trust
          Mountains Recreation and Conservation Authority
          O'Neill Sea Odyssey
          ReLeaf
          San Diego County Board of Supervisors
          San Diego County Office of Education
          Santa Cruz County Office of Education
          Save the Redwoods League
          Sierra Club California
          Sonoma County Water Agency
          Tahoe Resource Conservation District

          OPPOSITION
          None Received

          
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