BILL NUMBER: SB 974	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 11, 2012

INTRODUCED BY   Senator Evans
   (Coauthors: Assembly Members  Blumenfield 
   and V. Manuel Pérez  
Achadjian,   Alejo,   Blumenfield,  
Monning,   V. Manuel Pérez,   and Yamada  )

                        JANUARY 19, 2012

   An act to add  Section   Sections 
5080.45  and 5080.46  to the Public Resources Code, relating
to state parks.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 974, as amended, 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   of
the parks that are closed on July 1, 2012, or that are proposed, as
of that date, for future closure  . The bill would also require
the  department to develop and implement a transparent park
closure  review process  that includes 
 required to be conducted pursuant to those provisions to include
 specified elements. The bill would require the department,
 beginning on   by  July 1, 2013, and
 annually  by July 1 of each year thereafter, to
make a determination on the status of any  state  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   no later than July 1, 2013, with
respect to any park that is closed on or after July 1, 2012, to
prepare a plan for the reopening of that unit of the state park
system or transfer of the unit to another public agency that has the
ability to reopen and operate the park, including specified
information  . 
   The bill would require the department, no later than January 1,
2014, and by January 1 of each year thereafter, to prepare and submit
to the Legislature a master parks reopening plan, which sets out
priority actions and determines a process for reopening any park that
has been temporarily closed, to the extent that circumstances
permit, as prescribed. 
   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.    It is the intent of the Legislature to
enact legislation that will facilitate the reopening of state parks
that have been temporarily closed as a result of California's fiscal
crisis, at the earliest possible time. 
   SECTION 1.   SEC. 2.   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   of the parks
that are actually closed on July 1, 2012, or that are proposed as of
July 1, 2012, for future closure  .
   (b) The  department shall develop and implement a
transparent   review of  park  closure
review process that includes   closures required to be
conducted pursuant to subdivision (a) shall include  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   (Division  5.8 (commencing
with Section  5900)   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   any
state park  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) (1) No later than July 1, 2013, with respect to any park that
is closed on or after July 1, 2012, the department shall prepare a
plan for the reopening of that unit of the park system or a transfer
of the unit to another public agency that has the ability to reopen
and operate the park. The plan shall include, at a minimum, all of
the following:  
   (A) A description of any work that needs to be completed in order
to reopen the park and address safety and health issues.  
   (B) A summary of resource protection issues, expected park usage,
and revenue projections.  
   (C) Recommendations for staffing, maintenance, revenue generation
projects, resource restoration, and community involvement at the unit
of the park system.  
   (2) The department shall annually update any plan prepared
pursuant to this subdivision, and shall post a copy of the plan on
its Internet Web site.  
   (d) 
    (e)  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. 
   SEC. 3.    Section 5080.46 is added to the  
Public Resources Code   , to read:  
   5080.46.  (a) No later than January 1, 2014, and by January 1
annually thereafter, the department shall prepare and submit to the
Legislature a master parks reopening plan, which sets out priority
actions and determines a process for reopening any park that has been
closed, to the extent that circumstances permit. The plan shall
consider ways to facilitate the reopening of any closed park through
the use of department staff and resources, or operating agreements
with nonprofit organizations or public agencies. The plan prepared
pursuant to this subdivision shall be posted on the department's
Internet Web site.
   (b) The plan shall consider the following criteria in prioritizing
which parks shall be reopened:
   (1) Whether a park had or may enter into operating agreements with
nonprofit organizations, and had significant community support prior
to closure as demonstrated through community involvement and
donations. The department shall give priority to reopening parks that
have a record of using operating agreements with nonprofit
organizations for park operations, significant donations, and
community support.
   (2) The impact of a park closure, including economic impacts of a
closure, on nearby communities.
   (3) An evaluation of the potential for the reduction of
environmental and economic costs of deteriorating facilities,
liability, and security concerns relating to the reopening of a
particular park.
   (4) Whether the reopening of a park would result in the reduction
of illegal activity and resource degradation.
   (5) Whether there is involvement by community organizations and
ongoing financial support by donors for the maintenance of park
operations.
   (c) Nothing in this section is intended to prevent the department
from reopening any unit of the state park system that has been closed
where any source of nongovernmental funding has been secured to
maintain and operate that unit.