BILL ANALYSIS Ó
AB 2549
Page 1
Date of Hearing: April 12, 2016
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
AB 2549
(Committee on Water, Parks, and Wildlife) - As Amended April 4,
2016
SUBJECT: State park system
SUMMARY: Requires the Department of Parks and Recreation (DPR)
to provide recommendations to the Legislature by July 1, 2017,
for improving the process for development and approval of state
park general plans. Specifically, this bill:
1)Requires DPR, in consultation with the State Parks and
Recreation Commission, by July 1, 2017, to present to the
Legislature recommendations for improving the planning and
project approval process for state parks that will:
a) Provide for more efficient and cost-effective
development, approval and timely updates to park unit
general plans, including use of multi-unit general plans
where appropriate;
b) Facilitate clear guidance for park unit management;
c) Provide for meaningful public participation in the
general plan process;
d) Reduce redundant reviews under the California
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Environmental Quality Act (CEQA) and other statutes; and
e) Enable DPR to substantially reduce by 2020, the
current backlog of park units that lack general plans or
have not been updated in more than 15 years and require
revision.
2)Clarifies that an operating agreement for operation of a state
park must be consistent with the general plan for that park if
one exists, and requires the State Parks and Recreation
Commission to review the proposed operating agreement for
consistency with the plan.
EXISTING LAW:
1)Requires DPR to prepare a general plan or revise an existing
general plan for a unit of the state park system following
classification of the unit by the State Parks and Recreation
Commission, and prior to the development of new facilities in
any previously classified unit. Authorizes DPR to prepare a
management plan that includes appropriate environmental review
and analysis, instead of a general plan, for a park unit to
which new development is necessary to comply with public
service delivery obligations, operational or code compliance
upgrades, or resource preservation requirements compatible
with the unit's classification.
2)Requires general plans for state park units to be prepared by
DPR and reviewed and approved by the State Parks and
Recreation Commission.
3)Requires a general plan for a state park unit that is the
subject of an operating agreement to evaluate and define the
manner in which the unit is proposed to be operated. Requires
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the general plan to be reviewed by the State Parks and
Recreation Commission to determine that the unit will be
operated in a manner that generally meets the standards
followed by DPR in its operation of similar units, that
enhances public use, enjoyment, recreation and education at
the unit, and provide for satisfactory management of park
resources.
FISCAL EFFECT: Unknown
COMMENTS: This bill directs DPR, by July 1, 2017, to present to
the Legislature recommendations to improve the general plan
process for state parks.
1)Author's Statement: This bill will improve the management of
state parks by requiring DPR to make recommendations to the
Legislature, by a date certain, on proposed reforms to
streamline and make more efficient the process for development
and approval of state park general plans. The recommendations
are to include reforms that would provide for more efficient,
timely and cost-effective development, updates, and approvals
of general plans, provide clear guidance for park management,
provide for meaningful public participation, reduce redundant
reviews, and enable DPR to substantially reduce the current
backlog in state park units that are lacking general plans.
2)Background: Currently, the state park system includes 280
state park units. For each unit of the state park system, DPR
is required to complete a general plan before making a
permanent commitment of resources. Each general plan is
required to consist of elements that will evaluate and define
the proposed land uses, facilities, concessions, operation of
the unit, any environmental impacts, and the management of
resources, and serve as a guide for the future development,
management, and operation of the unit. Following completion
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of a general plan, DPR often completes additional management
plans and specific project plans that tier from the general
plan and provide more specific guidance.
The Public Resources Code and DPR guidance establish a
multi-stage planning process for units of the state park
system. Before approving a general plan for a unit, the State
Park and Recreation Commission must formally classify the unit
and review a resource inventory. By law, each general plan
constitutes an Environmental Impact Report (EIR) under CEQA.
DPR has built the general planning process around this
requirement. In many cases, it must also conduct CEQA
processes around the development of management and project
plans. General plans and general plan amendments must be
approved by the State Parks and Recreation Commission
following public hearings, in addition to review by the
Director of DPR. DPR also conducts public and internal review
processes.
The general plan process is time consuming and expensive, and
under-resourced. Development of a general plan can take a
minimum of 18-30 months; an amendment 8-12 months; and
development of a management plan 12-18 months. Such timelines
can be extended by factors such as stakeholder conflicts,
additional regulatory requirements, and legal challenges. In
addition, DPR has had difficulty maintaining funding for
planning. As of early 2014, 93 of 280 park units lacked a
general plan, and many existing plans were decades old. On
average, DPR completes only 3 new plans or significant updates
each year. DPR has indicated that under the current process
it could take 30 years or more to address the backlog in state
park units lacking general plans or requiring significant
updates.
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The planning system may also constrain the establishment of
operating agreements with other public agencies or with
nonprofits. The Public Resources Code requires the general
plan for a unit managed under an operating agreement to
specifically evaluate and define the manner in which the unit
is proposed to be operated.
The State Parks and Recreation Commission has been working
with DPR in an effort to identify reforms that would improve
the planning process for state parks and make it more
efficient but little progress has been made on that effort to
date.
Last year the Legislature, through the passage of AB 549
(Levine), and SB 204 (Pavley), enacted a number of reforms to
facilitate DPR's ability to more efficiently manage state
parks. One of those reforms streamlined the process for
approval of concession contracts. Other changes clarified
DPR's ability to accept donations of funding, services and
projects in support of the state park system. Another change
in SB 204 allows for development of a management plan, in lieu
of a general plan, in certain instances. It is hoped that
this change will provide DPR with some needed flexibility
where applicable, but additional reforms to the planning
process are arguably warranted given the current backlog.
3)Prior and related legislation: AB 549 (Levine), Chapter 559,
Statutes of 2015, streamlined the process for review and
approval of proposed state park concession agreements by
prohibiting a proposed state park concession contract expected
to involve a total investment or estimated annual gross sales
in excess of $1 million, from being advertised for bid,
negotiated, or materially amended unless and until at least 30
days advance written notice is provided to the appropriate
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policy and fiscal committees of the Legislature and the Joint
Legislative Budget Committee for review.
AB 1579 (Allen) would extend from 20 days to 30 days the time
period the Legislature has to review a proposed state park
operating lease, agreement or amendment before it can be
approved by the State Public Works Board. AB 1579 passed this
committee on consent on March 29, 2016.
SB 204 (Pavley), Chapter 573, Statutes of 2015, authorized DPR
to prepare a management plan, instead of a general plan, for a
park unit to which new development is necessary to comply with
public service delivery obligations, operational or code
compliance upgrades, or resource preservation requirements
that are compatible with the classification of the unit.
SB 1111 (Pavley) of 2016 deletes the existing limitation on the
number of park units for which DPR may enter into operating
agreements for operation of the entirety of the unit. SB 1111
is pending in the Senate Appropriations Committee.
4)Supporting Arguments: None received.
5)Opposing Arguments: None received.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file.
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Opposition
None on file.
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096