BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 204|
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UNFINISHED BUSINESS
Bill No: SB 204
Author: Pavley (D)
Amended: 9/1/15
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
SENATE FLOOR: 35-2, 4/23/15
AYES: Allen, Anderson, Bates, Beall, Berryhill, Block, De
León, Gaines, Galgiani, Hall, Hancock, Hernandez, Hertzberg,
Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,
Mendoza, Mitchell, Monning, Moorlach, Nguyen, Nielsen, Pan,
Pavley, Roth, Runner, Vidak, Wieckowski, Wolk
NOES: Fuller, Morrell
NO VOTE RECORDED: Cannella, Stone
ASSEMBLY FLOOR: 79-0, 9/3/15 - See last page for vote
SUBJECT: State parks
SOURCE: Author
DIGEST: This bill expands the possible role for nonprofit
associations to cooperate with the Department of Parks (DPR),
increases to $50,000 the exemption from the Public Contract Code
for historic renovations DPR can undertake by itself, and allows
management plans when necessary for code compliance as an
alternative to a state park general plan.
SB 204
Page 2
Assembly Amendments delete a report that could have resulted in
proposed projects from GGRF (cap and trade) funds and reduce the
increase in the exemption from the Public Contract Code for
historic renovations.
ANALYSIS:
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.
3)Requires a lead agency, Pursuant to the California
Environmental Quality Act, 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 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.
This bill:
SB 204
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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.
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 SB 204 Page 2 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
SB 204
Page 4
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 of
historic renovation projects in the Public Contract Code to
$50,000.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to Assembly Appropriations, 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.
SUPPORT: (Verified9/3/15)
American Federation of State, County, and Municipal Employees
Amigos de Bolsa Chica
California Association of Professional Scientists
California Council of Land Trusts
California Parks and Recreation Society
California State Parks Foundation
Cycling Development
East Bay Regional Park District
Folsom Auburn Trail Riders Action Coalition
Folsom High School Bicycle Club
Friends of El Dorado Trail
Latino Outdoors
Nature Conservancy
Peninsula Open Space Trust
Save the Redwoods League
Sierra Club California
Sonoma County Agricultural and Open Space District
SB 204
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State Parks Partners Coalition
Student Conservation Association
Tahoe Area Mountain Biking Association
3 individuals
OPPOSITION: (Verified9/3/15)
None received
ARGUMENTS IN SUPPORT: According to the author and
supporters, this bill enacts several statutory changes designed
to facilitate implementation of reforms to the state park system
recommended by the Parks Forward Commission. The author
indicates that the amendments to this bill were crafted after
careful discussions SB 204 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.
ASSEMBLY FLOOR: 79-0, 9/3/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,
Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Daly, Dodd,
Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia,
Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray,
Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones,
SB 204
Page 6
Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low,
Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,
Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea,
Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago,
Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber,
Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Dahle
Prepared by:William Craven / N.R. & W. / (916) 651-4116
9/3/15 17:47:31
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