BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1589
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          Date of Hearing:   May 25, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    AB 1589 (Huffman) - As Amended:  May 16, 2012 

          Policy Committee:                              Water, Parks and 
          Wildlife     Vote:                            12-0
                        Revenue and Taxation                  8-0

          Urgency:     Yes                  State Mandated Local Program: 
          Yes    Reimbursable:              No

           SUMMARY  

          This bill modifies the process by which the Department of Parks 
          and Recreation (DPR) identifies park units for closure, and 
          authorizes and seeks to identify and require revenue generating 
          mechanisms.  (Summary continued below.)

           FISCAL EFFECT  

          1)Appropriation of $25 million from Proposition 84 bond monies 
            to DPR to fund (a) the capital costs of construction and 
            installation of new revenue and fee collection infrastructure, 
            (b) other physical upgrades to park lands and facilities, and 
            (c) development and implementation of the park action plan 
            required by this bill.  

          2)Potential cost pressure in the millions of dollars to 
            implement the park action plan, which this bill requires, to 
            the extent plan elements exceed Proposition 84 bond monies 
            appropriated for that amount (General Fund, special fund and 
            bond funds).

          3)Cost pressure of an unknown but significant amount, 
            potentially in the millions of dollars, to the extent the 
            bill's 25-park-closure limitation prevents DPR making 
            necessary budget reductions (General Fund, special funds and 
            bond funds.)

          4)One-time costs of an unknown amount, but potentially in the 
            low hundreds of thousands of dollars, to DFG in 2012-13 to 
            consider additional criteria in selecting parks for closure 








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            (General Fund, special funds of bond funds).

          5)One-time costs to the Franchise Tax Board (FTB), in the range 
            of $400,000 to $600,000, in 2012-13 to make programming 
            changes and revise tax forms, to be reimbursed by DPR from the 
            sale of state parks passes (special fund). 

          6)Ongoing loss of an unknown but presumably minor amount of 
            personal income tax revenue, to the extent the bill results in 
            tax-deductible donations for state parks purposes (Personal 
            Income Tax Fund).

          7)Potential one-time costs to the Department of Motor Vehicles 
            (DMV) in the range of $400,000 to $500,000, upon receipt of 
            7,500 applications for state parks license plates, to make 
            programming changes and design and fabricate specialized 
            license plates (MVA).  These costs should be fully covered by 
            fees paid by applicants for the state parks plates.

          8)Potential ongoing revenue of an unknown amount, possibly in 
            the millions of dollars and well in excess of the costs 
            identified above, to DPR, to the extent the revenue-generating 
            activities identified and required by this bill result in 
            increased park fees collection, park pass sales and state park 
            license plate issuance (special fund).  

           SUMMARY (continued)

           Specifically, this bill:

          1)Directs DPR to achieve required budget reductions by 
            implementing efficiencies, increasing revenue collection and, 
            only as a last resort, the closure or partial closure of state 
            park units.

          2)Limits to 25 the number of park units DPR may fully close from 
            2012 through 2016 without express legislative authorization.

          3)Requires DPR to develop and implement an action plan to 
            increase revenues and collection of user fees at state parks, 
            and mandates inclusion of specific actions to be included in 
            the plan, such as (a) installation of modern fee collection 
            technologies, (b) implementation of peak demand pricing and 
            other variable and responsive pricing mechanisms, (c) 
            mission-appropriate fee-for-service opportunities, and (d) 








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            promotion of sponsorship of parks through private donations.

          4)Appropriates $25 million from the unexpended balance of DPR's 
            Proposition 84 bond monies and dedicates that amount to fund 
            (a) the capital costs of construction and installation of new 
            revenue and fee collection infrastructure (b) other physical 
            upgrades to park lands and facilities, and (c) development and 
            implementation of the action plan described above.

          5)Revises the process by which DPR identifies park units for 
            closure due to required budget reductions.  For example, the 
            bill (a) requires DPR to document and publicly disclose its 
            methodology for selecting park units for closure, (b) recasts 
            rate of visitation to also include the extent to which the 
            total capacity of a unit is utilized, and (c) explicitly 
            states that DPR is to consider the potential for public and 
            nonprofit partnerships for support of each park unit, the 
            impact of unit closure on local and regional economies, the 
            effect of the closure on compliance with the Americans with 
            Disabilities Act, and the closure's effect on public safety.

          6)Authorizes DPR to use at another park unit the revenues from 
            one park unit that are in excess of the amount needed for the 
            operation and maintenance of that park unit. 

          7)Requires FTB to revise tax forms to allow a taxpayer to 
            designate tax refund amounts for state park's purposes and to 
            purchase state park annual passes from tax refund amounts when 
            filing his or her tax return, and provides a tax deduction for 
            such actions for amounts in excess of the price of the state 
            parks pass, to be deposited in the California State Parks 
            Account to fund state parks operation, maintenance and 
            restoration.

          8)Requires the DMV to make available, once DPR has submitted 
            7,500 applications, special state parks environmental license 
            plate (ELPs) featuring a full-plate graphic of a California 
            Redwood, subject to the following voluntary fees, in addition 
            to any fees otherwise required: (a) $50 for original issuance, 
            (b) $40 for renewal, (c) $15 for transfer, and (d) $35 for 
            replacement.

          9)Directs fee revenue from state parks ELPs, minus DMV 
            administration costs and other dedicated fee revenue, to the 
            California State Parks Account to fund state parks operation, 








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            maintenance and restoration.

           COMMENTS  

           1)Rationale.   The author intends this bill to improve DPR's 
            process for identifying park units that need to be closed for 
            budget reasons and to increase revenue available for park 
            operation, maintenance and restoration. 

           2)Background.   The state park system includes 278 parks and 
            serves over 70 million visitors a year. The park system is 
            supported by the General Fund, park fees and special funds, 
            including bond funds.  In recent years, DPR has experienced 
            repeated, significant reductions to the support it receives 
            from the General Fund.  Most recently, the 2011-12 budget 
            reduced General Fund support by $11 million, to be followed by 
            an additional $11 million reduction in 2012-13.

            The 2012-13 Governor's Budget proposes to address the parks 
            funding reduction by closing up to 70 state parks by July 
            2012.  In keeping with this proposal, DPR, working off 
            criteria provided in legislation, identified 70 state parks 
            for closure.  Many stakeholders, including members of the 
            Legislature, have been critical of DPR's process, describing 
            it as opaque, insensitive to public and private costs 
            associated with closure of particular park units, and 
            inflexible in its consideration of cost saving alternatives to 
            park closure.  

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081