BILL NUMBER: SB 356	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 31, 2011
	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 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 an agreement entered into to include certain
provisions, including a provision that would require 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)  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 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 ____ 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 ____ 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
____-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 ____ 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 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 ____ 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 negotiations to transfer the full responsibilities
of operating and maintaining the unit to the county or city. An
agreement entered into shall include, but not be limited to, the
following provisions: 
   (1) State funding shall not be provided to a county or city to
subsidize the cost of operating or maintaining the unit. 

   (1) 
    (2)  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. 
   (2) 
    (3)  Capital improvements or changes in the use of the
unit by the county or city shall be  approved  
subject to approval  by the department. 
   (3) 
    (4)  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, with the approval of the
department. 
   (4) 
    (5)  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 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.