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.  









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          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: 









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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  








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            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








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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,  








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            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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