BILL NUMBER: SB 974 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 1, 2012
AMENDED IN SENATE APRIL 11, 2012
INTRODUCED BY Senator Evans
(Coauthors: Assembly Members Achadjian, Alejo, Blumenfield,
Monning, V. Manuel Pérez, and Yamada)
JANUARY 19, 2012
An act to add 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 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 review process required to be conducted
pursuant to those provisions to include specified elements. The bill
would require the department, by July 1, 2013, and by July 1 of each
year thereafter, to make a determination on the status of any state
park that may be scheduled for future closure, based on the
above-described park closure review process. The bill would require
the department, 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 so long as any
unit of the state park system remains closed or is designated for
closure due to budgetary restrictions , 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.
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 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 review of park 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 ,
but not limited to, 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 , or submitted to the department in writing
within 30 days of the 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)
(7) 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) By July 1, 2013, and by July 1 of each year thereafter, the
department shall make a determination on the status of any state park
that may be considered for future closure, based on the park closure
review process set forth in subdivision (b).
(d) (1) The department shall prepare a report that includes, for
each park proposed for closure, information supporting the basis for
that closure recommendation pursuant to the criteria prescribed in
subdivision (b), and any other relevant factors considered. A park
closure report prepared pursuant to this subdivision shall be posted
on the department's Internet Web site and there shall be a public
comment period of 30 days following the date of release of the
report. The department shall respond, in writing, to all public
comments received within 60 days of the close of the comment period.
The department's response to comments shall also be posted on its
Internet Web site.
(2) The report prepared pursuant to
paragraph (1) shall comply with Section 9795 of the Government Code.
(d)
(e) (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, potential operating partners,
and community involvement at the unit of the park system.
(D) A consideration of alternative strategies that may facilitate
reopening the unit, including the transfer of the unit to another
public entity.
(2) The department shall annually update any plan prepared
pursuant to this subdivision if needed , and shall post a
copy of the plan on its Internet Web site.
(e)
(f) 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.
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 so long as any unit of the state park system
remains closed or is designated for closure due to budgetary rest
rictions , 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 prior to closure or may have
in the future 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.