Bill Text: CA AB42 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: State parks.

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Passed) 2011-10-04 - Chaptered by Secretary of State - Chapter 450, Statutes of 2011. [AB42 Detail]

Download: California-2011-AB42-Amended.html

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BILL NUMBER: AB 42	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2011

INTRODUCED BY   Assembly Member Huffman

                        DECEMBER 6, 2010

   An act  to add Section 5080.42 to the Public Resources Code,
  relating to state parks.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 42, as amended, Huffman. State parks.
   Existing law gives control of the state park system to the
Department of  Parks and  Recreation.  Existing law
authorizes the department to enter into agreements with an agency of
the United States, a city, county, district, or other public agency
or any combination thereof, for the care maintenance, administration,
and control by a party to the agreement of lands under the
jurisdiction of a party to the agreement, for the purpose of the
state park system.  
   This bill would authorize the department to enter into an
operating agreement for the development, improvement, restoration,
care, maintenance, administration, or operation of a unit or units of
the state park system, as identified by the director, with a
qualified nonprofit organization that exists to provide visitor
services in state parks, facilitate public access to park resources,
improve park facilities, or provide interpretive and educational
services. This bill would require the operating agreement to include
a requirement that the nonprofit organization annually submit a
report to the department. The bill would require the nonprofit
organization and the district superintendent for the department to
hold a joint public meeting for discussion of the report.  
   The bill would require the department to notify a Member of the
Legislature of an intention to enter into an operating agreement
relating to a park in the member's district. The bill would also
require the department to report to the Legislature, on a biennial
basis, the status of any operating agreement.  
   This bill would declare the intent of the Legislature to address
the need to fully fund the state park system with stable, reliable,
and adequate funding sources. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The California state park system is a unique resource that
requires preservation and protection for future generations.
   (b) California's state park system is the largest in the nation
and contains over 1.5 million acres of land managed for natural,
cultural, and historical values in 278 parks across the state.
   (c) California's state park system hosts more than 80 million
visitors annually and houses over 3,100 historic buildings and more
than 14,000 individual and group campsites.
   (d) California's state park system is a major draw for tourism in
the state and generates over $4 billion annually in economic activity
in communities near state parks and in park-related expenditures.
   (e) The budget for the state park system has not kept pace with
the state's population growth and growing demand. The annual budget
for state parks has been significantly below the amount necessary to
maintain the parks in their current condition. The ongoing shortfall
has caused a burgeoning backlog of deferred maintenance of over $1.3
billion in 2010, inadequate staff to protect park resources and
maintain public access and safety, and partial closures of many state
parks. 
   (f) Current budget resources will force the closure of state parks
throughout the system and create impediments to public access and
enjoyment of those parks.  
   (f) 
    (g)  Californians deserve a world-class state park
system that will preserve and protect the unique resources of the
state for future generations.  In order to safeguard those
resources and maintain public access, California's state park system
must have stable, reliable, and adequate funding sources to fully
fund and support our state parks.  
   (g) It is the intent of the Legislature to enact legislation to
address the need to fully fund the state park system with stable,
reliable, and adequate funding sources.  
   (h) As the search for stable funding sources continues in this
current budget crisis, it is critical that all efforts be made to
continue public access to state parks and to keep our parks open.
Nonprofit organizations can be important partners in meeting those
objectives, and where possible, they should be invited to assist the
state with operating parks in order to keep them open. 
   SEC. 2.    Section 5080.42 is added to the  
Public Resources Code   , to read:  
   5080.42.  (a) Notwithstanding any other provision of this article,
the department may enter into an operating agreement for the
development, improvement, restoration, care, maintenance,
administration, or operation of a unit or units of the state park
system, as identified by the director, with a qualified nonprofit
organization that exists to provide visitor services in state parks,
facilitate public access to park resources, improve park facilities,
or provide interpretive and educational services. The operating
agreement shall include, but is not limited to, the following:
   (1) The district superintendent for the department shall provide
liaison with the department, the nonprofit organization, and the
public.
   (2) The nonprofit organization shall annually submit a written
report to the department regarding its operating activities during
the prior year and shall make copies of the report available to the
public upon request. The report shall include a full accounting of
all revenues and expenditures for each unit of the state park system
that the nonprofit organization operates pursuant to an operating
agreement.
   (3) All revenues received from a unit shall be expended only for
the care, maintenance, operation, administration, improvement, or
development of the unit. The qualified nonprofit organization may
additionally contribute in-kind services and funds raised from
outside entities for the care, maintenance, operation,
administration, improvement, or development of the unit.
   (b) The nonprofit organization and the district superintendent for
the department shall, following submittal of the annual report
pursuant to subdivision (a), hold a joint public meeting for
discussion of the report.
   (c) If the department intends to enter into an operating agreement
for a unit, the department shall notify the Member of the
Legislature in whose district the unit is located of that intention.
   (d) (1) Notwithstanding Section 10231.5 of the Government Code,
the department shall provide a report to the Legislature, on a
biennial basis, of the status of operating agreements it has entered
into pursuant to this section. The report shall include a list of
units of the state park system with operating agreements, discussion
of the management and operations of each unit subject to an operating
agreement, an accounting of the revenues and expenditures incurred
under each operating agreement, and an assessment of the benefit to
the state from operating agreements entered into pursuant to this
section.
   (2) A report submitted pursuant to paragraph (1) shall be
submitted in compliance with Section 9795 of the Government Code.