BILL ANALYSIS �
SB 356
Page 1
SENATE THIRD READING
SB 356 (Blakeslee)
As Amended September 2, 2011
Majority vote
SENATE VOTE : 39-0
WATER, PARKS & WILDLIFE 7-2APPROPRIATIONS 16-0
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|Ayes:|Huffman, Halderman, Bill |Ayes:|Fuentes, Harkey, |
| |Berryhill, Blumenfield, | |Blumenfield, Bradford, |
| |Gatto, Jones, Olsen | |Charles Calderon, Campos, |
| | | |Davis, Donnelly, Gatto, |
| | | |Hall, Hill, Mitchell, |
| | | |Nielsen, Norby, Solorio, |
| | | |Wagner |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hueso, Yamada | | |
| | | | |
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SUMMARY : Requires the Department of Parks and Recreation (DPR),
if it proposes to fully close a state park unit with no planned
public access, to notify the county or city in which the unit is
located and give the county or city an opportunity to take over
operation of the park. Also authorizes DPR to expend funds
remaining from a previous appropriation of bond funds to DPR for
a grant to the California State Railroad Museum Foundation.
Specifically, this bill :
1)Requires DPR if it proposes to close a state park unit with no
public access to notify the county in which the unit is
located of DPR's intent to close the park.
2)Gives the county 30 days to respond in writing to DPR whether
it will consider voluntarily taking over operation and
maintenance of the unit proposed for closure. Authorizes the
county to take over operations of the park if a majority of
the board of supervisors votes to do so at a properly noticed
public hearing with opportunity for community stakeholders to
be heard. Requires the county after approval at the hearing
to provide written notice to DPR of its decision within 75
days after receiving the notice.
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3)Requires DPR, if the county declines to take over operation of
the park, to notify the city in which the unit is located of
DPR's intent to close the unit. Gives the city 30 days to
respond in writing to DPR whether it plans to consider taking
over operation of the park. Authorizes the city to elect to
take over operation and maintenance of the park if a majority
of the city council votes to do so at a properly noticed
public hearing with opportunity for community stakeholders to
be heard. Requires the city to provide written notice to DPR
of its decision within 75 days after receiving the notice.
4)Requires DPR if it receives written notice from the county or
city of its intent to take over operation and maintenance of
the park, to enter into negotiations to transfer full
responsibility for operation and maintenance of the unit to
the county or city.
5)Requires an agreement for a county or city to operate a park
to contain all of the following provisions:
a) That where full operation of the park is turned over to
a county or city, state funding shall not be provided to
the county or city to subsidize the cost of operating or
maintaining the unit. Provides, however, that this
paragraph does not preclude DPR from entering into an
agreement with a county or city to operate a portion of a
state park unit, or from entering into a comanagement
agreement with a local government that involves the sharing
of operational and financial responsibilities for the park
unit and that has the effect of reducing state costs;
b) That the county or city shall operate and maintain the
park consistent with the park general plan;
c) That capital improvements or changes in use shall be
subject to DPR approval;
d) That the agreement shall not limit or impair the county
or city's ability to work collaboratively with other local
governments to operate and manage the unit, subject to
approval of DPR; and,
e) That DPR and the county or city shall agree on the
length of term for the operating agreement, which shall not
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be less than one year nor more than five years. Authorizes
extension of the agreement for another term if DPR and the
county or city so agree.
6)Authorizes DPR to expend any remaining funds from monies
previously appropriated in 2008 to DPR for a grant to the
California State Railroad Museum Foundation from the
California Clean Water, Clean Air, Safe Neighborhood Parks,
and Coastal Protection Act of 2002 (Proposition 40), for a new
grant to the California State Railroad Museum Foundation for
expenditure, until June 13, 2013, for rehabilitation and
development of an erecting shop and boiler shop at the
California State Railroad Museum site.
7)Requires the California State Railroad Museum Foundation, upon
completion of the erecting shop and boiler shop rehabilitation
and development, to make the facility available at no cost for
use by DPR as part of the California State Railroad Museum.
8)Requires the California State Railroad Museum Foundation to
transfer title to the site and facilities at no cost to the
State of California, DPR, within 10 years after completion of
the rehabilitation and development, subject to approval of the
State Public Works Board and the Director of Finance.
EXISTING LAW : Authorizes DPR to enter into operating agreements
with local governments for the operation and maintenance of a
state park unit, subject to review by the Legislature as part of
the annual budget process or review and approval of the State
Public Works Board.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor, absorbable ongoing costs to DPR to communicate
with local governments. (Special fund.) Authorizes expenditure
of any remaining bond funds from a previous appropriation to DPR
for a grant to the California State Railroad Museum Foundation.
(Special fund.)
COMMENTS : Earlier this year the Governor announced the planned
closure of 70 of the state's 278 state parks, following on the
Legislature's and Governor's approval in March 2011, of an $11
million reduction in General Fund support for DPR in fiscal year
2011-12, to be followed by a proposed additional $11 million
reduction in the following fiscal year, for an ongoing annual
reduction of $22 million in General Fund support for DPR. DPR
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has indicated its intent to seek out public and private partners
who may be interested in taking over operations of a state park
in order to enable some parks to remain open. In a press
release issued with the announcement of the planned park
closures, DPR Director Ruth Coleman stated: "With this
announcement, we can begin to seek additional partnership
agreements to keep open as many parks as possible?We already
have 32 operating agreements with our partners - cities,
counties and non-profits - to operate state parks, and will be
working statewide to expand that successful template."
The author indicates the purpose of this bill is to allow
counties and cities an opportunity to take over operations and
maintenance of a state park that has been identified for
closure. This bill would require that prior to closure DPR
solicit interest from the county and city in which the park is
located. The author notes in many cases state parks serve as
critical components of local and regional economies. As a
result, a local government may wish to voluntarily take over
operation and maintenance of a park for a period of time until
the state is able to resume operation and maintenance
responsibilities.
Under current law, DPR has authority to enter into an operating
agreement with a county or city to operate and maintain a state
park, subject to review by the Legislature or approval of the
Public Works Board, and has done so in a number of occasions.
This bill would require DPR to proactively notify and enter into
negotiations with any county or city that is interested in
taking over operation of a state park on the closure list.
The latest amendments to this bill add a provision authorizing
DPR to expend any remaining funds from bond moneys previously
appropriated to DPR in 2008 for a grant to the California State
Railroad Museum. The original appropriation, which was
contained in a budget trailer bill, AB 2945 (Laird), Chapter
689, Statutes of 2008, was for $6.6 million and specifically
authorized a grant to the California State Railroad Museum for
rehabilitation and development of a boiler shop at the site.
This bill authorizes DPR to expend any remaining funds from that
appropriation for a new grant to the California State Railroad
Museum, and authorizes the funds to be used for both the boiler
shop and an erecting shop at the site. According to information
provided by the author, DPR is interested in having both the
boiler shop and the erecting shop incorporated into an expanded
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and interactive Railroad museum once the rehabilitation work is
completed. Reallocation of the bond funds will enable the funds
to be used to address structural integrity work needed on both
buildings. The funds available will need to be supplemented
with additional funds raised by the California State Railroad
Museum Foundation to complete the necessary work.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0002608