BILL ANALYSIS Ó
SB 204
Page 1
SENATE THIRD READING
SB
204 (Pavley)
As Amended September 1, 2015
Majority vote
SENATE VOTE: 35-2
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Water |12-2 |Levine, Bigelow, |Beth Gaines, Harper |
| | |Dababneh, Dodd, | |
| | |Cristina Garcia, | |
| | |Gomez, Lopez, Mathis, | |
| | |Medina, Rendon, | |
| | |Salas, Williams | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bloom, Bonta, | |
| | |Calderon, Chang, | |
| | |Nazarian, Eggman, | |
| | |Gallagher, Eduardo | |
| | |Garcia, Holden, | |
| | |Jones, Quirk, Rendon, | |
| | |Wagner, Weber, Wood | |
| | | | |
SB 204
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| | | | |
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SUMMARY: Declares the value of state parks to the state's
historical, natural and cultural heritage, and expands and
clarifies authorities of the Department of Parks & Recreation
(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.
2)Provides with regard to state park general plans that the DPR
is not required to prepare a general plan or revise an
existing plan for a state 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, and may instead prepare a
management or development plan with appropriate environmental
review and analysis.
3)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.
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4)Deletes the limitation on nonprofit operating agreements that
involve the operation of the entirety of a park unit.
5)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.
6)States legislative findings and declarations regarding the
value 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.
7)Expands the types of services that cooperating associations
may provide in state parks to include other materials and
services that enhance the visitor experience.
8)Increases the existing threshold for DPR construction projects
that are subject to competitive bidding from $25,000 in
project costs to $50,000.
EXISTING LAW:
1)Establishes DPR and vests DPR with control of the state park
system.
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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.
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 Assembly Appropriations
Committee, increased costs for DPR (State Parks and Recreation
Fund) over two years in the $225,000 range for personnel to
process new cooperating association contract requests and
amendments. This cost may be potentially offset by savings
associated with the cooperating associations assuming more
duties.
COMMENTS: This bill enacts several statutory changes designed
to facilitate implementation of reforms to the state park system
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recommended by the Parks Forward Commission. The 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), a pending
Assembly Bill for additional reforms at state parks. The author
adds that this bill seeks to provide creative ways DPR can help
itself financially without sacrificing the important purposes
for which state parks were created, and focuses on ways to
improve and expand relationships with nonprofits, cooperating
associations, and other partners. This bill also emphasizes
philanthropic contributions, and recommends changes in how DPR
approves general plans and development plans for parks.
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 appointed by the Secretary of Natural
Resources to conduct that review in 2013. The Commission
released its final report on January 30, 2015. The Parks
Forward Commission's report includes recommendations in the
following focus areas:
1)Recommendations for internal reforms to update and modernize
DPR's budgeting processes, organizational structure, and
technological capacity;
2)Recommendations for increasing and strengthening partnerships,
including creation of a new nonprofit partner;
3)Expanding access and relevancy of state parks for underserved
communities and youth;
4)Protecting and renewing California's natural and cultural
heritage and addressing climate;
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5)Identifying a stable diversified funding structure, including
greater park revenue generation, and dedicated public and
private funding sources;
6)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 make statutory changes that will assist
DPR in the implementation process. Key changes proposed by this
bill include:
1)Expands the services that cooperating associations can provide
in state parks.
2)Authorizes DPR to enter into agreements with youth-serving
non-profits, including opportunities for youth to provide
services in state parks.
3)Expands and extends existing authority for nonprofit operating
agreements in parks.
4)Authorizes DPR to complete development plans in state parks as
an alternative to a full general plan for a state park unit.
5)Authorizes DPR to give free park passes to volunteers of park
cooperating associations.
6)Increases the threshold for competitive bidding requirements
for park construction projects from $25,000 to $50,000. The
$25,000 limit was added by statute in 1982 and has not been
increased since that time.
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Supporters of this bill emphasize the benefits of continuing
authorization for nonprofit partnership agreements and 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. There is no opposition to this
bill.
Analysis Prepared by:
Diane Colborn / W., P., & W. / (916) 319-2096
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