BILL ANALYSIS                                                                                                                                                                                                    �




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair


          AB 1589 (Huffman) - State parks: sustainability and protection.
          
          Amended: July 6, 2012           Policy Vote: NR&W 9-0, G&F 8-0
          Urgency: Yes                    Mandate: Yes
          Hearing Date: August 6, 2012                           
          Consultant: Brendan McCarthy    
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: AB 1589, an urgency measure, requires the 
          Department of Parks and Recreation to develop a plan to increase 
          revenues at state parks. The bill appropriates $10 million in 
          Proposition 84 general obligation bond funds for the 
          installation of revenue collection equipment and other 
          improvements at state parks. The bill authorizes taxpayers to 
          voluntarily contribute to the state park system through the 
          income tax system.

          Fiscal Impact: 
              One-time costs to the Department of Parks and Recreation 
              prepare a report on revenue generation possibilities. The 
              Department has hired a consultant to conduct a study on 
              similar topics at 50 state parks, at a cost of about 
              $200,000. The Department indicates that expanding that study 
              or contracting for an additional study will result in costs 
              up to $800,000 (California State Park Enterprise Fund).

              One-time costs of $10 million (Proposition 84 general 
              obligation bond funds) for projects to enhance revenue 
              collection and other projects to improve state parks.

              One-time costs to the Franchise Tax Board of about $50,000 
              (General Fund) to modify tax forms and computer systems to 
              allow taxpayers to donate to state parks when they pay their 
              state income taxes.

              Ongoing loss of tax revenue to the state in the tens of 
              thousands of dollars, based on the Franchise Tax Board's 
              experiences with other similar programs to allow tax-free 
              donations to state programs (General Fund).









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              Unknown revenues to the State Park System from donations 
              through the tax system (California State Park Enterprise 
              Fund).  Because this is a new program, the Department does 
              not have an estimate of the potential revenues the program 
              may generate. It is important to note that the bill requires 
              the Department to provide an annual day use parks pass to 
              taxpayers that donate an amount in excess of the cost of 
              such a pass (currently priced at $195). To some extent, 
              people who would otherwise have purchased an annual pass may 
              do so through the tax system, in which case donations 
              received by the Department will be offset by reduced fee 
              revenues.


          Background: The Department of Parks and Recreation manages 279 
          units of the state park system. The Department charges fees for 
          the use of some parks, based on visitor demand, efficiency of 
          collecting fees, and amenities offered at a specific park. For 
          the most part, fees are paid for parking at state parks, rather 
          than actual entrance fees.

          The 2011-12 Budget Act reduced General Fund support for the 
          state park system by $11 million with an additional reduction of 
          $11 million planned for 2012-13 (adopted in the current year 
          budget). In response to these proposed reductions, the 
          Department developed a plan to close up to 70 state parks to 
          achieve those savings. Although the Department's original 
          proposal to begin closing parks was set to commence on July 1, 
          2012, to date there are no plans to close any parks in the near 
          term. In part, this is because the Department has been able to 
          partner with the federal government and private organizations to 
          secure funding or partnerships to keep certain parks open. Also, 
          as the Department has further developed its plan for closing 
          parks, it has become apparent that there are significant costs 
          associated with closing parks and providing ongoing law 
          enforcement protection of closed parks.

          Under current law, the state allows taxpayers to voluntarily 
          contribute money to one or more of fifteen voluntary 
          contribution funds on their state income tax return. Such 
          contributions may be claimed as a charitable deduction in the 
          following year. Under current law, voluntary contributions 
          remain on tax forms until they are repealed, or until the total 
          revenue generated does not meet a minimum contribution amount - 








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          currently set at $250,000 per year.

          Proposed Law: AB 1589 makes several changes to state law, with 
          the overall intention of providing additional revenues to 
          support the state park system.

          Specially, the bill would:
              Require the Department of Parks and Recreation to develop a 
              plan to generate additional revenues at state parks, with 
              specific revenue generation strategies (such as better fee 
              collection technology, demand-based pricing, and offering 
              more fee-funded amenities at state parks). The report would 
              be due to the Legislature by July 1, 2013.
              Create a new special fund, to be used to support the 
              installation of new park fee collection infrastructure and 
              make other improvements to the state park system.
              Appropriate $10 million in Proposition 84 bond funds for 
              the above purposes.
              Specify that revenues generated at a park under the 
              management of a nonprofit organization, that are in excess 
              of the revenues needed to operate the park, may be used for 
              the support of other parks.
              Create a new program to allow taxpayers to voluntarily 
              contribute to the state park system, through the income tax 
              system.
              Require the Department to provide a free annual park pass 
              to a taxpayer who makes a contribution in excess of the 
              price of an annual parks day use pass.
              Provide that a taxpayer is only eligible for a charitable 
              income tax deduction for the amount contributed in excess of 
              the price of a park pass received.
              Require the Franchise Tax Board to remove the contribution 
              line from income tax forms if the annual revenues from the 
              program fall below $250,000 (adjusted for inflation).

          Related Legislation: SB 1018 (Committee on Budget and Fiscal 
          Review, Chapter 39, Statutes of 2012), the 2012-13 resources 
          budget trailer bill includes language creating a new special 
          fund and appropriating bond funds for purposes similar to this 
          bill.

          Staff Comments: Under the bill, the only costs that may be 
          incurred by a local agency relate to crimes or infractions. 
          Under the California Constitution, such costs are not 








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          reimbursable by the state.