BILL ANALYSIS Ó
SB 204
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Date of Hearing: June 30, 2015
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Marc Levine, Chair
SB
204 (Pavley) - As Amended June 24, 2015
SENATE VOTE: 35-2
SUBJECT: State parks.
SUMMARY: Declares the values of state parks to the state's
historical, natural and cultural heritage; requires the
Department of Parks & Recreation (DPR) to report to the
Legislature on projects in state parks that will reduce
greenhouse gas emissions; and expands and clarifies authorities
of DPR related to state park general plans, nonprofit operating
agreements, construction contracts, and youth services.
Specifically, this bill:
1)Requires the Director of DPR to promote and regulate the use
of the state park system in a manner that conserves the
scenery, natural and historic resources, and wildlife in the
individual units of the system for the enjoyment of future
generations. States legislative findings and declarations
regarding the importance of California's state parks to
protecting the state's historical, natural and cultural
heritage.
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2)Requires DPR, on or before December 1, 2016, to report to the
Legislature on 10 projects within units of the state park
system that may provide the most significant greenhouse gas
reductions. States legislative findings and declarations
regarding the need for DPR to identify its energy costs and
potential energy reducing projects that may be eligible for
funding from state cap and trade revenues.
3)With regard to state park unit general plans, authorizes DPR,
for park units for which minimal development may be proposed,
to prepare a management plan or development plan that includes
appropriate environmental review and analysis as an
alternative to a state park general plan.
4)Deletes the January 1, 2019 repeal date on existing law
authorizing DPR to enter into agreements with qualified
nonprofit organizations for operation of a state park unit,
thereby extending the operation of that section indefinitely.
5)Deletes the limitation on nonprofit operating agreements that
involve the operation of the entirety of a park unit.
6)Authorizes DPR to accept donations of real property or money
from public or private sources to be used for the purpose of
funding park programs to benefit youth. Authorizes DPR,
notwithstanding other provisions of law relating to contracts
for services, to enter into agreements that may involve the
transfer of funds appropriated to DPR with public or nonprofit
youth serving organizations to provide service and learning
opportunities for young people by performing work on state
park system programs and projects under the supervision of DPR
employees, where the work is not being performed by state park
employees, as specified.
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7)States legislative findings and declarations regarding the
values of volunteers in state parks, and DPR's practice of
providing complimentary passes to park volunteers. States
legislative intent that DPR extend such offers to persons who
volunteer at state parks through cooperating associations.
8)Expands the types of services that cooperating associations
may provide in state parks to include other materials and
services that enhance the visitor experience. Also states
legislative intent that DPR not compete with existing
concession contracts providing food and beverage services to
the public.
9)Authorizes DPR to renegotiate a concession 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, including but not limited to, mobile food and
beverage services.
10)Increases the existing threshold for DPR construction
projects that are subject to competitive bidding from $25,000
in project costs to $750,000.
EXISTING LAW:
1)Establishes DPR and vests DPR with control of the state park
system.
2)Requires DPR to prepare general plans for units of the state
park system following classification of a unit by the State
Park and Recreation Commission, and prior to the development
of any new facilities in any previously classified unit.
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3)Pursuant to the California Environmental Quality Act, requires
a lead agency to conduct an environmental analysis and review
of a project that may have a significant effect on the
environment, and to prepare or cause to be prepared an
environmental impact report or a negative declaration if it
determines the project will not have a significant effect.
4)Authorizes DPR, until January 1, 2019 to enter into an
operating agreement with a qualified nonprofit organization
for the development, improvement, restoration, care,
maintenance, administration, or operation of a unit, units, or
portion of a unit of the state park system.
5)Requires DPR, for construction projects exceeding $25,000 in
costs, to solicit competitive bids and award the contract to
the lowest qualified bidder. Authorizes the director of the
Department of General Services (DGS) to authorize DPR to carry
out work in excess of $25,000 by day labor if the director, in
consultation with DPR, determines that the award of the
contract through competitive bidding is not in the best
interests of the state.
FISCAL EFFECT: According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS: This bill enacts several statutory changes designed
to facilitate implementation of reforms to the state park system
recommended by the Parks Forward Commission.
1)Author's Statement: The author has proposed this bill to
facilitate implementation of reforms to California's state
park system recommended by the Parks Forward Commission. The
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author indicates that the amendments to this bill were crafted
after careful discussions with the Administration and other
stakeholders, and in conjunction with AB 549 (Levine), an
Assembly vehicle for additional reforms at state parks. The
author emphasizes that the recommendations of the Parks
Forward Commission, the establishment of a Transformation Team
that is active inside DPR, reform discussions by the Parks &
Recreation Commission, and recommendations by key stakeholders
are all converging and driving changes at DPR.
The author adds that this bill continues the approach of
creating ways DPR can help itself financially without
sacrificing the important purposes for which state parks were
created, but focuses most immediately on ways to improve and
expand relationships with nonprofits, cooperating
associations, and other partners. This bill also emphasizes
philanthropic contributions, and non-general fund revenue such
as potential cap and trade auction revenues as potential
sources of funding for parks, and recommends changes in how
DPR approves general plans and development plans for parks.
2)Background: The Legislature in 2012, following a time of
threatened state park closures and other financial
irregularities at state parks, called for creation of a
multidisciplinary advisory council, to conduct an independent
assessment and make recommendations to the Legislature and
Governor on reforms needed to ensure the long-term
sustainability of the state park system. The Parks Forward
Commission was subsequently appointed by the Secretary of
Natural Resources to conduct that review in 2013. The
Commission released its final report on January 30, 2015.
This committee held a joint oversight hearing on the report's
findings and recommendations on February 24, 2015. The Parks
Forward Commission's report includes recommendations in the
following focus areas:
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a) Recommendations for internal reforms to update and
modernize DPR's budgeting processes, organizational
structure, and technological capacity;
b) Recommendations for increasing and strengthening
partnerships, including creation of a new nonprofit
partner;
c) Expanding access and relevancy of state parks for
underserved communities, including youth outreach;
d) Protecting and renewing California's natural and
cultural heritage and addressing climate change;
e) Identifying a stable diversified funding structure,
including greater park revenue generation, and dedicated
public and private funding sources;
f) Broadening eligibility for district superintendent
positions to include other disciplines in addition to peace
officer training.
The Resources Agency and Department have appointed a
Transformation Team that is working on implementation of the
Parks Forward Commission's recommendations. This bill and AB
549 were introduced to serve as legislative vehicles for
statutory changes that will assist DPR in the implementation
process.
Key changes proposed by this bill include:
a) Requires DPR to report on energy-related infrastructure
needs in state parks that may be eligible for cap and trade
revenues.
b) Expands the services that cooperating associations can
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provide in state parks.
c) Authorizes DPR to enter into agreements with youth-serving
non-profits, including opportunities for youth to provide
services in state parks.
d) Expands and extends existing authority for nonprofit
operating agreements in parks.
e) Authorizes DPR to complete development plans in state parks
as an alternative to a full general plan for a state park
unit.
f) Authorizes DPR to give free park passes to volunteers of
park cooperating associations.
g) Increases the threshold for competitive bidding
requirements for park construction projects from $25,000 to
$750,000. (Note: the $25,000 limit was added by statute in
1982 and has not been increased since that time.)
3)Double-referral: This bill, if passed by this committee, is
double-referred to the Assembly Natural Resources Committee.
4)Prior and related legislation: AB 549 (Levine), which is
pending in the Senate, would enact additional provisions
expanding DPR's ability to contract with nonprofits for the
benefit of state parks, and for DPR to receive philanthropic
contributions for state parks. AB 549 also calls for
development of a state park fee policy that balances the
state's goal of providing affordable public access to state
parks with the state's goal of appropriate revenue generation.
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AB 42 (Huffman), Chapter 450, Statues of 2011, authorized DPR to
enter into operating agreements with nonprofits to operate
state park units that were threatened with closure. AB 1589
(Huffman), Chapter 533, Statutes of 2012, and AB 1478
(Blumenfield), Chapter 530, Statues of 2012, both called for
creation of an independent commission to conduct a
comprehensive review and provide recommendations on long-term
sustainability of the state park system, which led to creation
of the Parks Forward Commission.
AB 594 (Assembly Water, Parks & Wildlife Committee), Chapter
407, Statutes of 2013, among other things, required that the
incremental revenue generated from DPR's revenue generation
program be deposited in the State Parks Revenue Incentives
Subaccount. It also provided that in the event that future
budget reductions necessitate changes in the continued
operation of state park units, that DPR should achieve any
required budget reductions by implementing efficiencies and
increasing revenue collection or reducing services, and that
full park closures be considered only as a last resort.
5)Support arguments: Supporters emphasize the provisions
continuing the authorization for nonprofit partnership
agreements and authority for DPR to accept donations of real
property and funding, particularly where it will be used to
benefit youth, and encourage youth participation in public
service and park protection. Other supporters highlight the
language promoting conservation of natural resources in parks.
6)Opposition arguments: None received
REGISTERED SUPPORT / OPPOSITION:
Support
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American Federation of State, County and Municipal Employees
Amigos de Bolsa Chica
California Association of Professional Scientists (CAPS)
California Council of Land Trusts
California Park & Recreation Society
Cycling Development
East Bay Regional Park District
Folsom Auburn Trail Riders Action Coalition
Friends of El Dorado Trail
Latino Outdoors
Loomis Basin Horsemen's Association
Peninsula Open Space Trust
Save the Redwoods League
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State Park Partners Coalition
Sonoma County Agricultural and Open Space District
Student Conservation Association
Tahoe Area Mountain Biking Association
Opposition
None on file.
Analysis Prepared by:Diane Colborn / W., P., & W. / (916)
319-2096