BILL ANALYSIS
SB 372
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Date of Hearing: June 30, 2009
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 372 (Kehoe) - As Amended: June 23, 2009
SENATE VOTE : 21-16
SUBJECT : State Park System Units
SUMMARY : Prohibits a modification or adjustment in the
boundaries or uses of a state park unit that is incompatible
with state park purposes and would significantly reduce the
public use, or material, cultural, or historic significance of
the park, or the removal of a state park unit from the state
park system, unless the State Park and Recreation Commission
(Commission) recommends the change and the change is approved by
the Legislature through enactment of legislation.
EXISTING LAW :
1)Provides for the state park system which is managed by the
Department of Parks and Recreation (DPR). DPR is responsible
for administering, protecting, developing and interpreting
state park property under its jurisdiction for the use and
enjoyment of the public.
2)Establishes the Commission which is composed of nine members
appointed by the Governor, subject to Senate confirmation.
Requires Commission members to be selected from areas
distributed throughout the state. Responsibilities of the
Commission include approval of general plans governing state
park units and classification of units of the state park
system.
3)Requires the Commission to hold a public hearing to consider
approval of a state park general plan and to consider each
matter of classification or reclassification of a state park
unit.
4)Prohibits a facility from being developed in any unit of the
state park system unless it is compatible with the
classification of the state park unit.
FISCAL EFFECT : According to the Senate Appropriations
SB 372
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Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS : The author has introduced this bill to give the
Legislature final authority over whether a proposed project that
would result in the removal of a state park, or a modification
to the boundaries or uses within a state park that is
incompatible with park purposes, is critical enough to override
existing preservation and conservation of the park. The author
notes that several agencies, departments and commissions are
involved with reviewing proposals for development within state
parks, as exhibited by recent proposed projects within San
Onofre and Anza Borrego state parks. In each of these instances
final authority rested with a different entity - the Coastal
Commission with regard to San Onofre and the Public Utility
Commission with regard to Anza Borrego. As future projects
affecting state parks are proposed the author asserts that the
public should be able to look to one process for public input
and accountability by elected officials for state park lands
under the state's jurisdiction.
The author notes that increasingly the public benefits of
proposed public infrastructure projects are competing with the
public benefits of state parks. In 2007, the California State
Parks Foundation conducted a survey of threats to state parks
and found 122 threats to 73 parks. This bill requires the
Commission to make a recommendation to the Legislature regarding
proposals that are incompatible with state park purposes, and
then rests final authority with the Legislature as to whether to
approve or deny the recommendation.
Arguments in Support : Supporters of this bill point to the many
public benefits of state parks, and note that existing law does
not provide a consistent process for protecting state parks.
Supporters assert this bill appropriately vests the Legislature
with authority to balance any competing state interests that
threaten state park uses, and builds on the existing authority
of the Commission. Other supporters note that many state parks
have been acquired by the state through the hard work and
efforts of land trusts who have conveyed properties to the state
for state parks purposes with the understanding that the parks
will be preserved in perpetuity. They assert this bill will
ensure that any modification to a state park that is
incompatible with state park purposes and which significantly
reduces public uses, or the material, cultural, or historic
significance of the park, will be subject to a transparent
process and approval of the Legislature.
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Arguments in Opposition : Opponents such as the Orange County
Business Council assert this bill would prevent potential new
job creation resulting from infrastructure projects on existing
parklands because it requires more steps to obtain approval for
such projects. The Orange County Transportation Authority
believes this bill includes protections duplicative of existing
law, will create delays to already extensive environmental and
permitting review processes, and limits local land use and
transportation planning authority. The Orange County Board of
Supervisors also asserts this bill diminishes executive
authority, and is intended to stop utility, water or
transportation infrastructure projects from occurring within or
near state park boundaries. Other opponents point to terms in
the bill they believe are broad or undefined and may therefore
lead to litigation.
It should be noted that the amendments to the bill adopted on
May 28th require that the modification significantly reduce
public use or the material, cultural, or historic significance
of the state park, and the June 23rd amendments clarify that the
modification applies only to uses within state park boundaries.
Related Legislation : SB 679 (Wolk), also pending in this
committee, prohibits land acquired for the state park system
from being disposed of or used for other than park purposes
without the substitution of other land that the State Park and
Recreation Commission has certified is of equal value and meets
other specified conditions.
REGISTERED SUPPORT / OPPOSITION :
Support
American Land Conservancy
Anza Borrego Foundation
Audubon California
Bay Area Open Space Council
Big Sur Land Trust
California Coastal Protection Network
California Council of Land Trusts
California League of Conservation Voters
California Park & Recreation Society
California State Park Foundation
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Central Valley Land Trust Council
Elkhorn Slough Foundation
Environment California
Lake County Land Trust
Land Conservancy of San Luis Obispo County
Land Trust of Napa County
Land Trust of Santa Cruz County
Lassen Land & Trails Trust
Mattole Restoration Council
Mountain Meadows Conservancy
Muir Heritage Land Trust
Peninsula Open Space Trust
Placer Land Trust
Planning and Conservation League
Redwood Coast Land Conservancy
Sacramento Valley Conservancy
San Diego River Park Foundation
San Francisco Bay Joint Venture
San Joaquin River Parkway and Conservation Trust
Sequoia Riverlands Trust
Sierra Club California
Sierra-Cascade Land Trust Council
Sonoma Land Trust
The Trust for Public Land
Tri-Valley Conservancy
Opposition
American Council of Engineering Companies of California
California Chamber of Commerce
California Council for Environmental and Economic Balance
Orange County Board of Supervisors
Orange County Business Council
Orange County Transportation Authority
Resources Landowners Coalition
Sempra Energy (unless amended)
Southern California Edison (unless amended)
Transportation Corridor Agencies of Orange County
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096