BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1111|
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UNFINISHED BUSINESS
Bill No: SB 1111
Author: Pavley (D)
Amended: 8/19/16
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE: 9-0, 3/29/16
AYES: Pavley, Stone, Allen, Hertzberg, Hueso, Jackson,
Monning, Vidak, Wolk
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SENATE FLOOR: 36-0, 5/9/16
AYES: Allen, Anderson, Berryhill, Block, Cannella, De León,
Fuller, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg,
Hill, Hueso, Huff, Jackson, Lara, Leno, Leyva, Liu, McGuire,
Mendoza, Mitchell, Monning, Moorlach, Morrell, Nguyen,
Nielsen, Pan, Pavley, Roth, Stone, Vidak, Wieckowski, Wolk
NO VOTE RECORDED: Bates, Beall, Gaines, Runner
ASSEMBLY FLOOR: 55-24, 8/24/16 - See last page for vote
SUBJECT: State parks: operating agreements
SOURCE: Author
DIGEST: This bill authorizes the Department of Parks and
Recreation (DPR) to enter into a statewide agreement with a
qualified nonprofit park support organization, and makes other
changes relative to state park operating agreements.
Assembly Amendments add protections for existing state jobs at
DPR, add provision that certain work done by the new nonprofit
and paid for with public funds constitutes a public works
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project, and restore the provision in existing law that no more
than 20 operating agreements may be entered into by and between
DPR and nonprofits.
ANALYSIS:
Existing law:
1) Establishes the DPR and vests the DPR with control of the
state park system.
2) Authorizes the DPR to enter into an operating agreement with
a qualified nonprofit organization to operate a unit or units
of the state park system. Limits the number of operating
agreements that the DPR may enter into where the agreement is
for the entirety of a park unit to no more than 20 units.
3) Prohibits a proposed state park concession contract,
expected to involve a total investment or estimated annual
gross sales in excess of $1 million, from being advertised
for bid, negotiated, or materially amended unless and until
at least 30 days advance written notice is provided to the
appropriate policy and fiscal committees of the Legislature
and the Joint Legislative Budget Committee (JLBC) for review.
4) Prohibits the DPR from entering into an operating lease or
agreement unless the Legislature has reviewed the lease or
agreement as part of the annual budget process, or following
enactment of the annual Budget Act, the State Public Works
Board determines that the agreement could not be presented
during the budget process and it would be adverse to the
interests of the public to defer action to the next annual
budget process, in which case the Public Works Board may
review and approve the lease after giving the JLBC and the
chair of the fiscal and appropriate policy committees 20 days
written notice.
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5) Prohibits the DPR from entering a lease agreement for state
park property that extends beyond a 10 year period unless the
Legislature has reviewed and approved the proposed lease as
part of the annual budget process, or following enactment of
the Budget, the Public Works Board determines that the
concession could not be presented for review as part of the
budget process and it would be adverse to the interests of
the public to defer action, in which case the Public Works
Board may review and approve the lease after giving the JLBC
and the chair of the fiscal and appropriate policy committees
20 days written notice.
6) Authorizes the DPR to accept donations of funds, services
and improvements for state parks.
This bill:
1) States legislative findings and declarations regarding the
need for changes in law to facilitate implementation of
reforms recommended by the Parks Forward Commission,
including enabling the DPR to establish a new strategic
partnership with a nonprofit park support organization that
complements and supports the work of the DPR by bringing new
resources, expertise and flexibility to assist the DPR in
accomplishing its mission.
2) Authorizes the DPR to enter into a statewide agreement with
a nonprofit park support organization to facilitate
implementation of reforms recommended by the Parks Forward
Commission, and to develop and secure expertise, services,
resources, and projects that are not readily available to the
state park system, for the following purposes:
a) To develop and engage new sources of public and
private funding for the state park system, including
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Page 4
philanthropic sources and enterprise and revenue
generation activities;
b) To support marketing and communications activities
that promote the state park system, the DPR, and its
partners;
c) To support projects and programs that facilitate park
access and visitation, and enhance educational
opportunities;
d) To promote the health and wellbeing of the state's
residents;
e) To establish or improve, and support projects that
establish or improve, state park visitor amenities and
facilities;
f) To recruit more diverse staffing and improve capacity
for state park programs; and
g) To advance protection and stewardship of natural,
cultural, and historic resources.
3) Requires the park support organization, if the DPR enters
into an agreement with the entity, to do all of the following
in consultation with the DPR:
a) Communicate and coordinate with park agencies,
partners, friends, and volunteers to ensure that
activities undertaken pursuant to the agreement
complement, support, facilitate, and amplify other ongoing
partnerships, programs, and projects in support of the
state park system; and
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b) Engage with public agencies and organizations that
manage, operate, and support other parks and protected
lands.
4) Authorizes the director of the DPR and the director of the
Department of Finance, or their designees to serve as ex
officio, nonvoting members of the park support organization's
board of directors.
5) Requires the DPR and the park support organization to
collaborate in developing an annual list of strategic
initiatives and projects that are statewide priorities, and
that the park support organization will undertake in
partnership with the DPR. Requires the agreement to focus on
a limited subset of focus areas and projects for the first
three years, as specified. Requires any projects on the
priority list to be consistent with specified policies
regarding conservation and protection of the natural,
historic, scenic, cultural, ecological, and wildlife
resources and values of the state park system.
6) Requires the DPR to post the priority list on its Web site
and provide copies to legislative committees, as specified.
7) Requires the agreement between the DPR and the park support
organization to include clear goals and objectives, any
commitments of oversight, staffing and coordination needed,
and the process for developing the priority list of
initiatives and projects.
8) Authorizes the DPR to enter into supplementary agreements as
may be needed to implement strategic initiatives and projects
on the priority list that the DPR and support organization
agree to undertake. Provides that such agreements may
include grants, contracts, memoranda of understanding,
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staff-sharing agreements, leases, and rights of entry onto
state park property.
9) Specifically authorizes the DPR to lease to the park support
organization for a minimum rental of $1 per year, real
property in the state park system for the purposes of
constructing a building or improvement on the property for
use of the state park system, title to which will vest in the
state park system.
10)Clarifies the DPR may receive donations of projects,
services, and funds from the park support organization as
authorized under existing law.
11)Provides that agreements entered into by the DPR with the
park support organization shall not be subject to advertising
or competitive bidding requirements. Clarifies that any
construction, alteration, demolition, installation, or repair
work undertaken by or on behalf of the park support
organization on property owned by the state pursuant to this
bill constitutes a public work for purposes of specified
provisions of the Labor Code.
12)Clarifies that nothing in this bill shall be interpreted as
a limitation on the ability of the park support organization
to apply for funds from other public entities, and requires
the park support entity to consult with the DPR if the DPR
may also be applying for those funds.
13)Modifies existing law authorizing the DPR to enter into
operating agreements with qualified nonprofit organizations
for the operation of state parks to:
a) Require that any jobs maintained under a memorandum of
understanding between the state and represented bargaining
units shall not be eliminated pursuant to an operating
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agreement and shall continue to be state employment.
b) Add a sunset clause providing that the authority to
enter into operating agreements with nonprofit
organizations shall remain in effect only until January 1,
2025, and as of that date is repealed unless a later
enacted statute deletes or extends that date.
14)Requires 60 days review and approval of any strategic
partnership agreement, or any substantial amendments to the
agreement, by the Director of Finance.
15)Amends existing law regarding approval of operating
agreements and leases to require 30 days advance written
notice of a proposed operating agreement or lease agreement
to the JLBC. Requires the DPR to provide sufficient
documentation to enable the JLBC to evaluate fully the
proposed agreement and estimated costs and revenues.
Provides that leases or agreements that, in addition to other
criteria, will not exceed annual gross revenues of $1 million
generated on the property are exempt from this requirement.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
According to the Assembly Appropriations Committee, increased
annual costs of approximately $300,000 (General Fund) for the
DPR to comply with the provisions of this bill.
SUPPORT: (Verified8/17/16)
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Trust for Public Land
OPPOSITION: (Verified 8/17/16)
None received
ARGUMENTS IN SUPPORT: According to the author, one of the key
recommendations of the Parks Forward Commission was that a new
nonprofit public benefit organization be created to provide
operational, financial, and strategic support to the DPR, and to
other organizations that manage or operate parks and other
protected lands in California, with state parks as its first
priority. The Commission recommended that the nonprofit entity
collaborate with the DPR to expand visitation by younger and
more diverse audiences, improve and expand educational and
interpretive programs, promote healthy lifestyles, improve
protection and restoration of natural and cultural resources,
and engage communities and partners. The primary focus of the
support entity would be to complement and amplify the work of
the DPR by bringing new resources, expertise, and flexibility to
assist the DPR in its mission.
As envisioned by the Parks Forward Commission, this new
nonprofit partner would be designed to complement, and not
overlap with the roles of other existing park partners. The
Commission indicated that the purpose of the new support entity
would be to bring new expertise and resources, and to take on
projects and programs not currently advanced by other
organizations. The intent of the new partnership would be to
build upon and add value to the network of existing park support
organizations. Recognizing that support at the local level will
continue to be a key driver for park success, the Commission
recommended that where a local partner exists, the new park
support organization work to support its efforts, and where a
local partner does not exist, the support entity would step in
to help.
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ASSEMBLY FLOOR: 55-24, 8/24/16
AYES: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown,
Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper,
Dababneh, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo
Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Roger
Hernández, Holden, Irwin, Jones-Sawyer, Lackey, Levine,
Linder, Lopez, Low, McCarty, Medina, Mullin, Nazarian,
O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas,
Santiago, Mark Stone, Thurmond, Ting, Weber, Wilk, Williams,
Wood, Rendon
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,
Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper,
Jones, Kim, Maienschein, Mathis, Mayes, Melendez, Obernolte,
Patterson, Steinorth, Wagner, Waldron
NO VOTE RECORDED: Daly
Prepared by: William Craven / N.R. & W. / (916) 651-4116
8/25/16 17:54:16
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