BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 356|
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VETO
Bill No: SB 356
Author: Blakeslee (R)
Amended: 9/2/11
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
SENATE FLOOR : 39-0, 6/2/11 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 76-1, 9/9/11 - See last page for vote
SENATE FLOOR : 35-0, 9/9/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Cannella,
Corbett, Correa, DeSaulnier, Dutton, Emmerson, Fuller,
Gaines, Hancock, Harman, Hernandez, Huff, Kehoe, Leno,
Lieu, Liu, Lowenthal, Negrete McLeod, Padilla, Pavley,
Price, Runner, Simitian, Steinberg, Strickland, Vargas,
Walters, Wolk, Wright, Wyland, Yee
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SB 356
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NO VOTE RECORDED: Calderon, De Le�n, Evans, La Malfa,
Rubio
SUBJECT : State parks: local operating agreements
SOURCE : Author
DIGEST : This bill 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, and 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.
Assembly Amendments state that where full operation of the
park is turned over to a county or city, state funding will
not be provided to a county or city to subsidize the cost
of operating or maintaining the unit, and clarifies that
this 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 co-management 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.
ANALYSIS :
Existing law:
1. Authorizes DPR 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.
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.
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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.
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,
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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.
E. That DPR and the county or city shall agree on the
length of term for the operating agreement, which
shall not 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
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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.
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
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: Yes Fiscal Com.: Yes
Local: No
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.)
SUPPORT : (Verified 9/7/11)
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City of Lompoc
City of Morro Bay
County of Santa Barbara First District Supervisor Salud
Carbajal
County of Santa Barbara Fourth District Supervisor Doreen
Farr
County of Santa Barbara Third District Supervisor Joni Gray
Economic Vitality Corporation of San Luis Obispo County
Lompoc Housing and Community Development Corporation
Monterey Peninsula Chamber of Commerce
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."
GOVERNOR'S VETO MESSAGE:
"I am returning SB 356 without my signature.
This bill would require the Department of Parks and
Recreations (Parks) to notify a county or city that
intends to fully close a park in its jurisdiction and
give the locality the option of voluntarily assuming
responsibility for the park.
This bill is unnecessary. Parks has already made its
list of closures available to the public and a separate
notification process for cities and counties would be
duplicative. Moreover, Parks already has signed
agreements with localities willing to operate state
parks and intends to sign more.
The bill also would reappropriate expired funds for the
California State Railroad Museum Boiler Shop
restoration project. I will address this in the
budget."
ASSEMBLY FLOOR : 76-1, 9/9/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
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Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Carter,
Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Grove,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza, Miller,
Mitchell, Monning, Morrell, Nestande, Nielsen, Norby,
Olsen, Pan, Perea, V. Manuel P�rez, Portantino, Silva,
Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NOES: Lara
NO VOTE RECORDED: Campos, Gorell, Hueso
CTW:do 1/4/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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