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
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          |Author:    |Pavley                 |           |                 |
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          |Version:   |February 17, 2016                                    |
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          |Urgency:   |No                     |Fiscal:    |Yes              |
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          |Consultant:|William Craven                                       |
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                    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  







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          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  








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          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
          
          










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