BILL ANALYSIS                                                                                                                                                                                                    �



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1078|
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                                 THIRD READING


          Bill No:  SB 1078
          Author:   Evans (D)
          Amended:  5/29/12
          Vote:     21

           
           SENATE NATURAL RESOURCES AND WATER COMM.  :  8-0, 4/24/12
          AYES:  Pavley, La Malfa, Cannella, Evans, Kehoe, Padilla, 
            Simitian, Wolk
          NO VOTE RECORDED:  Fuller

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/24/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg


            SUBJECT  :    State parks:  state park revenue generation 
                      and insurance risk pool

           SOURCE  :     Author


           DIGEST  :    This bill authorizes the Department of Parks and 
          Recreation (DPR), until January 1, 2020, to assist a park 
          district or unit of the state park system in establishing 
          specified numbers of innovation working groups for the 
          purpose of developing innovative revenue proposals for the 
          district or the park unit, as prescribed.  This bill 
          requires DPR, in addition to evaluating revenue-generating 
          ideas submitted by innovation working groups, to consider 
          specified factors relating to ways to generate revenues for 
          state parks.  This bill requires each innovation team 
          working group to perform specific duties and to make 
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          recommendations to DPR on innovative revenue proposals, or 
          ideas about how to make those districts or units more 
          self-sufficient, increase visitation, and generate new 
          revenues.

           ANALYSIS  :    

          Existing law:

          1. Vests the DPR with control over the state park system. 

          2. Creates the State Parks and Recreation Fund (Fund) into 
             which are deposited revenues received by the DPR, which 
             are available for expenditure for state park purposes 
             upon appropriation by the Legislature.

          This bill contains various findings about the importance of 
          DPR becoming more self-sufficient and proposes to title 
          this law as the "California State Parks Sustainability 
          Through Innovation Act."  

          Specifically, this bill:

          1. Allows DPR to assist a park district or unit of the 
             state park system in establishing no more than 10 
             innovation working groups during the 2013 calendar year 
             for the purpose of developing innovative revenue 
             proposals for the district or park unit.  No more than 
             an additional 10 innovation working groups may be 
             established pursuant to this section, per year in the 
             2014 calendar year.  On an after January 1, 2015, 
             additional working groups may be formed at the 
             discretion of the Director, as specified.

          2. Requires DPR, in addition to evaluating 
             revenue-generating ideas submitted by innovation working 
             groups, to consider possible revenue generation projects 
             including:  regional park passes, cooperative agreements 
             with county park departments to establish a regional 
             park pass, a voluntary income tax checkoff, improvements 
             in concessionaire contracts that will improve revenues, 
             arrangements with transportation agencies to allow the 
             use of toll passes such as FasTrak to pay for park 
             admissions, the use of credit cards at entrance kiosks, 

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             the sale of entry fees at retail stores, and increasing 
             the use of historic buildings at parks for the purpose 
             of revenue generating activities under specified 
             conditions. 

          3. Allows a district superintendent or park manger to 
             recommend to the Director the dissolution of an 
             innovation working group for a specific unit of the 
             state park system or park district.

          4. Requires each innovation team working group to make 
             recommendations to DPR on innovative revenue proposals, 
             or ideas about how to make those districts or units more 
             self-sufficient, increase visitation, and generate new 
             revenues.

          5. Allows DPR to appoint an innovation working group at a 
             district or unit level of the state park system for the 
             purposes of developing innovative revenue proposals for 
             the district and the unit, and generating new ideas 
             about how to make those districts or units more 
             self-sufficient, increase visitation, and develop new 
             revenue proposals.

          6. Allows the district superintendent or park manger to 
             establish a community advisory board of not more than 
             six members and six alternates consisting of residents 
             living near the park district or near the unit of the 
             state park system for the purposes of providing 
             community input in the development of the business plan.

          7. Requires all pending and recently approved innovative 
             revenue proposals to be posted on DPR's Internet Web 
             site.

          8. Requires the innovation working group of a particular 
             district or unit of the state park system to do all of 
             the following:

             A.    Develop innovative revenue proposals outlining 
                ways that the unit or district can become more 
                self-sustainable, increase visitation, and generate 
                new revenues.


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             B.    Consult with the district superintendent or park 
                manager on the implementation of an innovative 
                revenue proposal or projects generating new revenue 
                for the district or unit of the state park system.

             C.     Make recommendations to the district 
                superintendent or park manager on the use of monies.

          9. Sunsets on January 1, 2020.

           Background
           
          For the past several years an effort has been underway to 
          understand and react to the fiscal crisis at the DPR.  DPR 
          operates a world-renowned network of 278 parks that serve 
          70 million visitors each year.  Last year, the budget bill 
          contained criteria for DPR to follow in closing state 
          parks, and the DPR is going through a very difficult 
          process in arranging to close some parks and at the same 
          time, to work with local nonprofits and communities in a 
          last-ditch effort to keep open a number of parks slated for 
          closure.  The good news is that some, but not all, of the 
          parks slated for closure will remain open thanks to these 
          new operating agreements.  The bad news is that it seems 
          inevitable in this budget climate that some parks will 
          close.  The exact number of those closures may not be known 
          until closer to the beginning of the new fiscal year, but 
          it is definitely fewer than the 70 that were once 
          identified for closure. 

          A key component that has been identified within DPR, by the 
          Legislature, and by others concerned with the future of 
          California's state parks is the need to establish a 
          long-term, sustainable funding structure that is not as 
          dependent on the decreasing General Fund commitment that 
          has occurred over the past several years.  DPR and many 
          others concerned with the future of state parks are engaged 
          in an urgent effort to enhance the ability of DPR to 
          generate more revenues for itself in ways that are 
          consistent with the mission of the widely varying state 
          parks that it administers. 

          Revenue generation efforts are being considered in the 
          ongoing budget process by the two relevant Budget 

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          Subcommittees in both houses, by DPR itself, and by 
          individual legislators.  SB 1078 (Evans, 2012) and AB 1589 
          (Huffman, 2012) are two key measures.  Both are focused on 
          identifying new revenue enhancement opportunities for state 
          parks. 

          The 2011-12 Budget for DPR contained an $11 million general 
          fund reduction.  The proposed budget for 2012-13 contains 
          an equal reduction.
           
          As noted by the Legislative Analyst's Office, the proposed 
          budget proposes $329 million in total expenditures for 
          state parks which is a decrease of $93 million, or 22%, 
          below the estimated level of current-year spending for 
          state parks.  This reduction includes reduced bond 
          expenditures and General Fund support.  The $329 million 
          that is proposed would be comprised of $80 million in 
          visitor fees, $112 million from the General Fund, and $137 
          million from special funds.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  No

          The author's office has made substantial amendments to cut 
          down on fiscal concerns raised by the Senate Appropriations 
          Committee.  The amendments delete the requirement for the 
          creation of the Innovation Team within DPR.  Instead, DPR 
          may use their own resources as they see fit to evaluate 
          revenue generation programs.  Innovation Working Groups can 
          be developed at the local park or district level.  These 
          working groups are optional and may be formed at the 
          discretion of the Superintendent or park manager, and no 
          more than 10 can be formed in the first year.  Working 
          groups are also not required to develop or implement 
          business plans, since this may be beyond their professional 
          expertise.  Instead, the working groups develop and 
          implement (through the Superintendent) revenue generation 
          projects.  The amendments also specify the technical 
          assistance for the insurance pool does not include legal 
          services, to ensure that DPR does not need to hire an 
          outside consultant.  The provisions of the bill will sunset 
          in 2020.

           SUPPORT  :   (Verified  5/24/12) 

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          Audubon California
          Sierra Club California
          Mendocino County Board of Supervisors

           ARGUMENTS IN SUPPORT  :    Sierra Club California supports 
          all of the provisions in this bill because, in its view, 
          state parks are important natural resources that California 
          needs to protect and to maintain access for all 
          Californians.  It considers the provisions in this bill as 
          steps that will keep parks open for all visitors.


          CTW:mw  5/29/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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