BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 204| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. SB 204 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. SB 204 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 SB 204 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. SB 204 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 **** END ****