BILL NUMBER: SB 356	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 3, 2011
	AMENDED IN SENATE  MARCH 25, 2011

INTRODUCED BY   Senator Blakeslee

                        FEBRUARY 15, 2011

   An act to add Section 5080.42 to the Public Resources Code,
relating to state parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 356, as amended, Blakeslee. State parks: local operating
agreements.
   Existing law authorizes the Department of Parks and Recreation to
enter into agreements with any agency of the United States or any
city, county, district, or other public agency for the care,
maintenance, administration, and control by a party to the agreement,
of lands under the jurisdiction of any party to the agreement for
purposes of the state park system. Existing law prohibits an
operating agreement to be entered into or amended, unless, among
other things, the Legislature has reviewed the lease or agreement, or
amendment, as part of the annual budget process.
   This bill would require the department, if it proposes to 
fully  close a unit of the state park system,  with no
planned public access,  to notify the county or city in which
the unit is located. Pursuant to procedures specified in the bill, a
county or city would have the opportunity to take over operations and
maintenance of the unit of the state park system. The bill would
require the department to enter into  an agreement 
 negotiations  with a county or city that notifies the
department of its intention to take over the operation and
maintenance of a unit of the state park system in response to the
department's notice. The bill would require  the 
 an  agreement  entered into  to include certain
provisions, including a provision that  the use of existing
local government staff, volunteers, or cooperating associations are
exempt from state prevailing wage requirements. The bill 
would  also  require the  agreement to
include the provision that the  length of the term of the
agreement  to  be not less than one year and not longer than
5 years, with an option to renew upon the conclusion of the
agreement.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 5080.42 is added to the Public Resources Code,
to read:
   5080.42.  (a)  Notwithstanding this article, a 
 A  city or county shall have the opportunity to provide for
the operation and maintenance of a unit of the state park system,
pursuant to this section, that the state proposes to  close
  fully close with no planned public access  .
   (b) (1) If the state proposes to close a unit of the state park
system, the department shall notify the county in which the unit is
located of the department's intent to close the unit.
   (2) Upon receiving the notice pursuant to paragraph (1), the
county board of supervisors shall have  15  
____  days to respond in writing to the department on whether it
will consider voluntarily taking over operation and maintenance of
the unit of the state park system that is proposed to be closed. The
county may elect to take over operation and maintenance of the unit
if a majority of the county board of supervisors votes to do so at a
properly noticed public hearing with an opportunity for community
stakeholders to be heard. After approval at the hearing, the county
shall provide written notice to the department within  60
  ____  days of the notice pursuant to paragraph
(1) of its intent to take over the operation and maintenance of a
unit of the state park system that is proposed to be closed.
   (c) (1) If the board of supervisors declines to take over
operation by failing to respond to the department's notice within the
 15-day   ____-day  period, or if a
majority of the board opposes taking over operation and maintenance
of the unit by a vote at the public hearing, pursuant to paragraph
(2) of subdivision (b), the department shall notify the city in which
the unit is located of the department's intent to close the unit.
   (2) Upon receiving the notice pursuant to paragraph (1), the city
shall have  30   ____  days to respond in
writing to the department on whether the city plans to consider
taking over operation and maintenance of the unit that is proposed to
be closed. The city may elect to take over operation and maintenance
of the unit if a majority of the city council members  votes
  vote  to do so at a properly noticed public
hearing with an opportunity for community stakeholders to be heard.
After approval at the hearing, the city shall provide written notice
to the department within  60   ____  days
of the notice pursuant to paragraph (1) of its intent to take over
the operation and maintenance of a unit of the state park system that
is proposed to be closed.
   (d) If a county or city provides written notification of its
intent to take over the operation and maintenance of a unit of the
state park system, pursuant to subdivision (b) or (c), the department
shall enter into  an agreement   negotiations
 to transfer the full responsibilities of operating and
maintaining the unit to the county or city.  The agreement
  An agreement entered into  shall include, but not
be limited to, the following provisions: 
   (1) To reduce the cost impact to a county or city assuming
responsibility for operating and maintaining the park, the county or
city is encouraged and authorized to use existing local government
staff resources as well as contract with volunteer cooperating
associations and utilize volunteers to the extent possible and
appropriate in order to operate and manage the park. The use of
existing local government staff, volunteers, or cooperating
associations shall be exempt from prevailing wage requirements
pursuant to Chapter 1 (commencing with Section 1720) of Part 7 of
Division 2 of the Labor Code.  
   (2) In the event the county or city would benefit from retaining
existing department staff to continue performing critical or
specialized functions within the park that cannot be fulfilled by
local government staff, volunteers, or cooperating associations, the
county or city may enter into a contract with the department to
provide for the temporary employment of department staff. The
department may provide these employees with a leave of absence
whereby the state's contribution to salary and benefits may be
suspended for the term of the leave. The county or city may enter
into a new contract negotiated with the individual employee.
 
   (3) 
    (1)  The county or city shall operate and maintain the
unit consistent with the general plan for the unit, or the state park
system, as applicable. 
   (4) 
    (2)  Capital improvements or changes in the use of the
unit by the county or city shall be approved by the department.

   (5) 
    (3)  The agreement shall not limit or impair the ability
of the county or city to work collaboratively with other local
governments to operate and manage the  unit  
unit, with the approval of the department  . 
   (6) 
    (4)  The department and the county or city shall agree
to the length of the term for which the county or city will operate
and manage the unit, which shall not be less than  a
  one  year and not longer than five years. At the
conclusion of the agreement term, the department and the county or
city may enter into another agreement pursuant to this section.