BILL NUMBER: SB 974	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Evans
   (Coauthors: Assembly Members Blumenfield and V. Manuel Pérez)

                        JANUARY 19, 2012

   An act to add Section 5080.45 to the Public Resources Code,
relating to state parks.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 974, as introduced, Evans. State parks: proposed closures.
   Existing law authorizes the Department of Parks and Recreation to
enter into agreements between the department and the 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 would require the department, by July 1, 2013, to
conduct a review to reexamine the list of park closures in the state
announced by the department in May 2011. The bill would also require
the department to develop and implement a transparent park closure
review process that includes specified elements. The bill would
require the department, beginning on July 1, 2013, and annually by
July 1 of each year thereafter, to make a determination on the status
of any park included on the May 2011 park closure list and on any
other park not on that list that may be scheduled for future closure,
based on the above-described park closure review process. The bill
would require the department, by July 1, 2013, to present to the
State Parks Commission and the Legislature a revised list of park
closures, based upon the park closure review process prescribed by
the bill. The bill would prohibit the closure of any other units of
the state park system until the requirements of the bill are
fulfilled.
   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 5080.45 is added to the Public Resources Code,
to read:
   5080.45.  (a) The department shall, by July 1, 2013, conduct a
review to reexamine the list of park closures in the state announced
by the department in May, 2011.
   (b) The department shall develop and implement a transparent park
closure review process that includes all of the following elements:
   (1) An examination of proposed park closures recommended on the
basis of a decision matrix developed by the department, which
includes the criteria mandated by Section 5007.
   (2) An analysis of economic impacts on local communities resulting
from a proposed park closure.
   (3) A formal determination by the department as to whether an
analysis is needed under Division 13 (commencing with Section 21000).
The analysis, if necessary, shall be conducted by the department.
   (4) Consideration of the costs of park closures, including
estimations of future costs for deferred maintenance, liability, and
security.
   (5) An examination by the department of acquisition agreements
entered into by the department and federal government pursuant to the
California Wildlife, Coastal, and Park Land Conservation Act (
Division 5.8 (commencing with Section 5900) to ensure that those
agreements are being honored and public access to the coast is being
protected.
   (6) Provisions for the conduct of at least two public hearings,
during which there is an opportunity for public comment and input.
One of those meetings shall be held in northern California, and one
shall be held in southern California. Public input and comments from
those meetings shall be considered by the department in making any
future park closure decisions.
   (7) The minutes of any meetings of the department discussing park
closures shall be maintained and made available to the public, upon
request.
   (8) Consideration and documentation of any other cost savings
measures that may be taken to prevent park closures and meet the
department's budgetary goals.
   (c) (1) By July 1, 2013, and by July 1 of each year thereafter,
the department shall make a determination on the status of parks
included on the May 2011 park closure list and any other state parks
that may be considered for future closure, based on the park closure
review process set forth in subdivision (b). By July 1, 2013, the
department shall present to the State Parks Commission and the
Legislature a revised list of park closures, based upon the park
closure review process described in subdivision (b), accompanied by
appropriate background and decisionmaking documents.
   (d) This section does not affect or interfere with any existing
agreements between the department and federal or local agencies and
nonprofits to operate any unit of the state park system that was
identified for closure in the May 2011 state park closure list, if
those contractual agreements have not expired.
   (e) On or after January 1, 2013, additional units of the state
park system shall not be closed until the requirements of this
section are fulfilled.