BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 386|
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UNFINISHED BUSINESS
Bill No: SB 386
Author: Harman (R)
Amended: 6/30/11
Vote: 27 - Urgency
SENATE NATURAL RES. & WATER COMMITTEE : 9-0, 4/26/11
AYES: Pavley, La Malfa, Cannella, Evans, Fuller, Kehoe,
Padilla, Simitian, Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 33-1, 5/16/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Correa, De Le�n, DeSaulnier, Dutton, Emmerson,
Evans, Fuller, Gaines, Hancock, Harman, Hernandez, Huff,
Kehoe, La Malfa, Leno, Lieu, Liu, Lowenthal, Padilla,
Pavley, Price, Rubio, Runner, Simitian, Steinberg, Wolk,
Wright
NOES: Yee
NO VOTE RECORDED: Corbett, Negrete McLeod, Strickland,
Vargas, Walters, Wyland
ASSEMBLY FLOOR : 65-0, 8/25/11 - See last page for vote
SUBJECT : State parks: proposed closures: public notice
SOURCE : Author
DIGEST : This bill requires the Department of and
Recreation (DPR) to post specified information on its Web
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site prior to closing a state park.
Assembly Amendments clarify what DPR must post on its
Internet Web site, and define "closure," for the purposes
of the bill.
ANALYSIS : Existing law authorizes the DPR to enter into
agreements between DPR and federal and local governments
and other public agencies for the care, maintenance,
administration, and control of lands under the jurisdiction
of any party to this agreement for the purpose of the state
park system, as prescribed.
This bill:
1. Requires DPR, at least 30 days prior to the date it
plans to close all or a significant portion of a state
park to public access, to post on its Internet Web site
the name of the park, the approximate date of proposed
closure, and information about how to contact DPR in
writing if an individual or other party is interested in
entering into negotiations with DPR for a contract or
agreement to lease, operate, maintain, or provide
concessions at a unit of the park system that is
proposed to be closed.
2. Requires DPR to respond in writing to any inquiry
received in connection with the information that is
posted regarding the proposed park closure.
3. Contains an urgency clause providing that in order to
require DPR to provide timely notice to the public on
its Web site of proposed park closures, it is necessary
that this act take effect immediately.
Background
Section 5002.2 of the Public Resources Code requires the
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
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approved by the State Park and Recreation Commission
(SPRC).
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
SPRC 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: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/25/11)
Orange County Taxpayers Association
OPPOSITION : (Verified 8/25/11)
American Federation of State, County and Municipal
Employees, AFL-CIO
ARGUMENTS IN SUPPORT : According to the author:
"SB 386 does not expand the existing authority of the
Department of Parks to enter into contracts, nor does it
require the department to enter into contracts. It
simply sets notification requirements that must be met by
the Department of Parks before a single park may be
closed. Specifically, it requires the department to
notify the public of park closures and of how an
interested entity can contact the department to express
their interest in entering into a contract. SB 386 would
also require the department to respond to inquiries in
writing.
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"The department has alternative mechanisms to keep state
parks open and operating other than closure. For
instance, many local and federal entities partner with
local governments, the private sector to operate and
maintain public parks and recreation areas that might
otherwise close. State law currently allows the
department to employ similar measures. The bill simply
adds transparency to existing alternatives."
ARGUMENTS IN OPPOSITION : American Federation of State,
County and Municipal Employees, AFL-CIO, opposes this bill
and writes:
"Senate Bill 386 would require the Department of Parks
and Recreation to, at least 30 days prior to closing a
unit of the state park system, post a notice on its
website that includes the name of the unit and the
proposed date of closure. This notice must also include
information about how to contact the Department about
entering into negotiations for a contract or agreement to
lease, operate, maintain, or provide concessions at a
unit proposed for closure.
"Because of the vague language in SB 386, it is unclear
whether the required notice will be limited to the
concession activities within closed state parks or if it
will allow for non-government entities to take over
operation of a park. Under current law, non-governmental
agencies are limited to concession activities - a limit
that is important to keep in place to avoid the
privatization of California's parks. Rather than trying
to contract out our state parks, the Legislature should
focus its efforts on providing state funding to keep the
parks open."
ASSEMBLY FLOOR : 65-0, 8/25/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Blumenfield, Bradford, Brownley,
Buchanan, Butler, Charles Calderon, Carter, Cedillo,
Chesbro, Conway, Cook, Davis, Dickinson, Donnelly, Feuer,
Fletcher, Fuentes, Beth Gaines, Galgiani, Garrick, Gatto,
Gordon, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
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Hern�ndez, Hill, Huber, Huffman, Jeffries, Jones, Knight,
Logue, Ma, Mansoor, Mendoza, Miller, Monning, Morrell,
Nestande, Nielsen, Norby, Olsen, Perea, V. Manuel P�rez,
Portantino, Silva, Skinner, Smyth, Solorio, Torres,
Valadao, Wagner, Wieckowski, Williams, John A. P�rez
NO VOTE RECORDED: Block, Bonilla, Campos, Eng, Fong,
Furutani, Gorell, Grove, Hueso, Lara, Bonnie Lowenthal,
Mitchell, Pan, Swanson, Yamada
CTW:kc 8/26/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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