BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 204|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 204
Author: Pavley (D)
Amended: 4/15/15
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 8-1, 3/24/15
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Wolk
NOES: Fuller
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: State parks
SOURCE: Author
DIGEST: This bill makes several changes to the Department of
Parks and Recreation (department) that have been offered by
various parks stakeholders including the Parks Forward
Commission, non-profit and other partners, and from discussions
held among members of the California State Parks and Recreation
Commission.
ANALYSIS: Existing law:
1)Vests the department 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. The department is also responsible for protecting the
state park system from damage and preserving the peace.
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Page 2
2)Authorizes the department, under specified conditions, to
enter into agreements with co-operating associations (often
"friends" groups at a particular state park), operating
agreements (through which a third party operates a state
park), and concession agreements (by which a private firm
provides certain services to the public).
3)Requires that a general plan be developed for park units and
that such plans are subject to the California Environmental
Quality Act.
This bill:
1)Requires a report on energy costs and ten top priority
energy-related infrastructure needs at the department that
could be eligible for cap and trade dollars.
2)Expands the services that nonprofit cooperating associations
can provide when concessionaires are not able to provide those
materials and services.
3)Authorizes the department to enter into agreements with
youth-serving non-profits both for educational as well as
restoration purposes.
4)Expands long-term operating agreements at parks on a limited
basis at parks which are at risk for closure.
5)Allows, on a trial basis, a park unit general plan that does
not propose a development project to have a different CEQA
process than those general plans that propose development
projects.
6)Authorizes the department to solicit private funds to
establish endowments for parks with long-term operating
agreements and to fund the agreements with the youth-serving
non-profit organizations.
7)Requires that volunteers of the parks cooperating associations
get the same complimentary passes as volunteers of the
department.
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Page 3
8)Adds findings and declaration regarding the importance of
state parks that are similar to those used by the National
Park Service that would be administered by the director.
9)Adds a finding that the department not compete with existing
concessionaire agreements with new agreements that would offer
comparable food and beverage services.
Comments
Recent statutory changes that reacted to fiscal improprieties at
the department established several reforms by which the
department was empowered to improve its own fiscal health: the
department's authority to collect fees, rents, and other returns
for the use of state parks was expanded; it was authorized to
sell additional annual and regional passes and to enter a wider
array of concession contracts. Those statutory changes also
established a revenue generation program, added ex-officio
legislative members to the California State Parks and Recreation
Commission, and directed the establishment of a citizen review
panel, the Parks Forward Commission, whose final report was
released earlier this year. These recent changes were a part of
what has developed into a concerted, year-by-year approach to
reforms at the department by the Legislature.
The key recommendations of the Parks Forward Commission were: 1)
to create a "transformation team" within the department to
improve internal procedures including technologies to assist
with budgeting, planning, and project implementation; 2) to
improve relationships with nonprofit and other partners; 3) to
create an outside support entity to help the department with
marketing, financial, and other aspects of the department's work
where an outside entity with greater business experience would
be useful; 4) to improve cultural and resource protection
programs; 5) to expand access to parks including to those from
park-poor and other disadvantaged communities.
NOTE: There is a drafting error in Public Resources Code Section
5080.16 that will be corrected in the Assembly. Only subdivision
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Page 4
(g) should have been deleted.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
SUPPORT: (Verified4/20/15)
American Federation of State, County, and Municipal Employees
California State Parks Foundation
Save the Redwoods League
Student Conservation Association
Sonoma County Agriculture and Open Space District
OPPOSITION: (Verified4/20/15)
None received
ARGUMENTS IN SUPPORT: According to the author, there is relief
that the problems of the past several years at the Department of
Parks and Recreation are becoming eclipsed by a refreshing focus
on the reforms that need to be made to improve and renew the
department for the benefit of the public and the visitors to
state parks. The recommendations of the Parks Forward
Commission, the establishment of a Transformation Team at the
department, active discussions about reforms by the Parks and
Recreation Commission, and recommendations by key stakeholders
are all converging to make a strong case for the sorts of
changes that are needed at the department. The leadership of the
department and the administration has sent a strong signal of
support for these reform efforts.
This bill is and will remain, if it is amended further in the
Assembly, a very focused approach that offers constructive
solutions to the Department of Parks that are intended to
benefit most directly the nonprofit groups who volunteer at
state parks across the state.
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Page 5
The theme of much of the recent legislation has been to create
ways that the department can help itself financially without
sacrificing the important purposes for which these parks were
established. This bill will continue that approach but will
focus most immediately on ways to improve relationships with
nonprofits, cooperating associations ("friends" groups at state
parks) and other partners. This bill will also emphasize greater
agility at the department in obtaining funds from the private
philanthropic sector as well as positioning itself to take
advantage of non-general fund revenue such as potential cap and
trade auction revenues. It also recommends a change in how the
department approves general plans and development plans.
The Student Conservation Association believes that the addition
of Sec 5080.44 will assist it in entering cooperative agreements
with the department for the purposes of engaging youth to serve
under park staff who would serve as mentors.
Prepared by:William Craven / N.R. & W. / (916) 651-4116
4/22/15 16:20:04
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