BILL ANALYSIS
SB 372
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Date of Hearing: July 15, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
SB 372 (Kehoe) - As Amended: July 14, 2009
Policy Committee: Water, Parks and
Wildlife Vote: 8-3
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill prohibits certain modifications or adjustments in the
boundaries or uses of a state park unit. Specifically, this
bill:
1)Prohibits modifications or adjustments to boundaries or uses
of a state park unit that are incompatible with state park
purposes and that 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.
2)Provides an exception to this prohibition if the State Park
and Recreation Commission recommends the change and the
change is approved by the Legislature through legislation.
FISCAL EFFECT
Minor costs of less than $50,000 (General Fund) to the
commission, per incident, to the extent the commission prepares
recommendations, resolutions and reports to the Legislature
regarding proposed adjustments to state park boundaries or uses.
COMMENTS
1)Rationale. The author claims that there is an increase in the
proposed uses of state park lands that are incompatible with
the functions of a state park. Currently, many different
public agencies, each with different charges, processes and
priorities, consider such proposals. The author contends
SB 372
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there should be one, consistent process for public input
regarding these types of state park modifications and that the
Legislature is the appropriate body to balance competing
priorities for use of state resources.
2)Background. State law establishes the state park system,
which is managed by the Department of Parks and Recreation
(DPR). DPR administers, protects, develops and interprets
state park property for the use and enjoyment of the public.
The law 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.
The law also establishes the State Park and Recreation
Commission, which is composed of nine gubernatorial
appointees. The commission approves general plans governing
state park units and classification of units of the state park
system and holds public hearings on those topics.
State law does not provide a consistent process for protecting
a state park from proposed land uses that may be inconsistent
with the purpose or purposes for which the park was
established. For example, a recent proposal to site a toll
road within the boundaries of San Onofre State Park needed the
approval of the California Coastal Commission, whereas
authority to place proposed power lines through Anza Borrego
State Park rested with the California Public Utilities
Commission.
3)Supporters , including numerous environmental and conservation
groups, assert this bill appropriately gives the Legislature
authority to balance competing state interests that threaten
state park uses, builds on the existing authority of the
Commission, and provides a consistent and transparent
processes by which to do so.
4)Arguments in Opposition: Opponents, such as the Orange County
Business Council and the Orange County Transportation
Authority, contend this bill, by adding to the process for
approval of infrastructure projects on state park lands, will
prevent job creation and unnecessarily duplicates existing
legal protections.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081