BILL ANALYSIS �
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 356|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 356
Author: Blakeslee (R)
Amended: 5/31/11
Vote: 21
SENATE NAT. RESOURCES AND WATER COMMITTEE : 9-0, 4/26/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : 9-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Emmerson, Lieu, Pavley,
Price, Runner, Steinberg
SUBJECT : State parks: local operating agreements
SOURCE : Author
DIGEST : This bill requires the Department of Parks and
Recreation to enter into negotiations for an operating
agreement with the city or county in which a state park is
planned for closure, and states that funding will not be
provided to a city or county to subsidized operation and
maintenance costs.
ANALYSIS :
Existing law
1. Authorizes the Department of Parks and Recreation (DPR)
to enter into agreements with any agency of the United
CONTINUED
SB 356
Page
2
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.
2. 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 requires DPR to notify both the county and the
city in which a state park is planned for closure, with no
planned public access. If either the county or the city
wishes to enter into an agreement to operate the state
park, DPR is required to negotiate an operating agreement
with the county or city. Under any agreement, the county
or city is required to operate the park consistent with the
park's general plan, DPR approves any changes in use or
capital expenditures for the park, and the local government
is authorized to work with other local governments for the
operation of the park. State's funding shall not be
provided to a county or city to subsidize the cost of
operation or maintaining the unit.
Background
Section 5002.2 of the Public Resources Code requires DPR to
develop a general plan for each state park unit. The
general plan is meant to serve as the guide for future
development, management, and operation of the park unit and
must have elements regarding proposed land uses,
facilities, concessions, operations, and resource
management. The general plan for each park unit must be
approved by the State Park and Recreation Commission.
Article 1 (commencing with Section 5080.30) allows DPR to
enter into an agreement with federal or local public
agencies for the care, maintenance, administration, and
control of any state parks. Any park unit subject to such
an operating agreement must have a general plan that
specifically addresses how the unit is to be operated. The
commission must determine that, according to the general
plan, the unit will be operated in a manner that is
SB 356
Page
3
consistent with DPR's management of similar parks, provides
for satisfactory park resource management, and enhances the
general public use and enjoyment of recreational and
educational experiences at the unit. The public agency
must use revenues received at the park unit for the
operation, maintenance, or improvement of that park unit.
Any excess revenues must be given to DPR.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14
Fund
Negotiation with Up to $1,000 in -one-time costs
General
local governmentsafter 2012
Note: The above figures apply to the 5/3/11 version of the
bill as it passed the Senate Appropriations Committee on
5/26/11.
SUPPORT : (Verified 5/27/11)
City of Morro Bay
Doreen Farr, County of Santa Barbara Supervisor, 3rd
District
Economic Vitality Corporation of San Luis Obispo County
Joni Gray, county of Santa Barbara Supervisor, 4thdistrict
Lompoc Housing and Community Development Corporation
Salud Carbjal, County of Santa Barbara Supervisor, 1st
District
ARGUMENTS IN SUPPORT : According to the author,
"California state parks generate value revenue for our
local communities. If the state cannot keep parks open,
local stakeholders deserve the change to work together to
protect the jobs, economic activity, and recreational
opportunities offered by our local parks."
SB 356
Page
4
CTW:do 5/31/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****