BILL ANALYSIS Ó SENATE COMMITTEE ON NATURAL RESOURCES AND WATER Senator Fran Pavley, Chair 2015 - 2016 Regular Bill No: SB 1111 Hearing Date: March 29, 2016 ----------------------------------------------------------------- |Author: |Pavley | | | ----------------------------------------------------------------- ----------------------------------------------------------------- |Version: |February 17, 2016 | ----------------------------------------------------------------- ----------------------------------------------------------------- |Urgency: |No |Fiscal: |Yes | ----------------------------------------------------------------- ----------------------------------------------------------------- |Consultant:|William Craven | | | | ----------------------------------------------------------------- Subject: State parks: operating agreements BACKGROUND AND EXISTING LAW 1.The California Department of Parks and Recreation (DPR) is vested with control of the state park system and responsibility for administering, protecting, developing, and interpreting state parks for the use and enjoyment of the public. DPR is also responsible for protecting the state park system from damage and preserving the peace. 2. Recent statutory changes that reacted to fiscal improprieties at DPR established several reforms by which the department was empowered to improve its own fiscal health. To that end: a) The department's authority to collect fees, rents, and other returns for the use of state parks was expanded; b) It was authorized to sell additional annual and regional passes and to enter a wider array of concession contracts; and c) A revenue generation program was established. Also, ex-officio legislative members to the California State Parks and Recreation Commission were added, and state law also directed the establishment of a citizen review panel, the Parks Forward Commission, whose final report was released earlier this year. 3. The key recommendations of the Parks Forward Commission were SB 1111 (Pavley) Page 2 of ? to: a) Create a "transformation team" within the department to improve internal procedures including technologies to assist with budgeting, planning, and project implementation. The work of this team is ongoing; b) Improve relationships with nonprofits and other partners; c) Develop an outside support entity to help the department with marketing, financial, and other aspects of the department's work where an outside entity with greater business experience would be useful; d) Improve cultural and resource protection programs; e) Expand access to parks including to those from park-poor and other disadvantaged communities. 4. These recent changes were a part of what has developed into a concerted, year-by-year approach to reforms at the department by the Legislature. Last year, these recommendations were partially accomplished in AB 549 (Levine) and SB 204 (Pavley). PROPOSED LAW This bill would eliminate the statutory limit of 20 parks that could be subject to an operating agreement by which a local government or nonprofit organization could operate the park pursuant to a written agreement with the department. ARGUMENTS IN SUPPORT The author acknowledges that this bill is currently a work in progress and will eventually contain other provisions recommended by the Transformation Team, the Parks Forward Commission, the department, or others. This bill will continue the author's work from last year with SB 204 that contained several provisions related to state parks, including the removal of impediments to partnership agreements with nonprofits, reforms to the park unit general planning process, and others. SB 204 achieved final passage with no opposition on the floor of either chamber. The removal of the statutory limit of 20 parks is a good first step, according to the author. SB 204 last year authorized the SB 1111 (Pavley) Page 3 of ? department to enter into partial operating agreements so that a local government or nonprofit could operate specific aspects of a park, but not the entire park. With that change, the number of operating agreements could well exceed 20 in the foreseeable future. Currently, the department's website lists 13 parks with operating agreements, which omits the operating agreements at Presidio at Santa Barbara, Mendocino Woodlands, and the Marconi State Historic Park (Marconi Conference Center). Additionally there are several other types of agreements that allow partners to operate specified aspects of state parks, including concession agreements (such as at Bodie, Mono Lake, and Grover's Hot Springs), and donor agreements (such as those involving the parks subject to an agreement with Friends of Santa Cruz State Parks and many others.) There are also 3 parks operated by a concessionaire. In short, the statutory limit of 20 may well be exceeded in the near future as more and more partnership agreements are considered by the department. The Trust for Public Land supports the bill as a continuation of the author's leadership on state park reforms. TPL notes that the department has been making great strides forward and points to the new revenue generation mechanisms, the transition to a new reservation system, and the new job classification for superintendents that does not require law enforcement certification. ARGUMENTS IN OPPOSITION None received. COMMENTS This may be a bill that returns to the Committee for a subsequent hearing as amendments are added. SUPPORT California State Parks Foundation OPPOSITION None Received SB 1111 (Pavley) Page 4 of ?