BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 204| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 Page 3 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 Page 5 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 **** END ****