BILL NUMBER: SB 974 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 5, 2012
AMENDED IN SENATE MAY 29, 2012
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 amend Section 5007 of, and 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 vests with the Department of Parks and
Recreation control of the state park system. Existing law requires
the department to achieve any required budget reductions, as defined,
by closing, partially closing, and reducing services at selected
units of the state park system, based on specified factors.
This bill would instea d declare that it is the
intent of the Legislature that the department should achieve any
required budget reductions by implementing efficiencies and
increasing revenue collection, or reducing services at selected units
of the state park system, as prescribed. The bill would revise the
factors the department is required to use as a basis for
selecting which units of the state park system are to be closed, and
would, for any parks proposed or designated for closure on or after
January 1, 2013, require the department to document and publicly
disclose the methodology, rationale, and scoring system used to
evaluate and select parks designated for closure.
Existing law authorizes the Department of Parks and
Recreation department 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 to conduct a review of the
parks that are proposed, as of July 1, 2012, or thereafter, for
future closure. The bill would require the review process required to
be conducted pursuant to those provisions to include an examination
of proposed park closures recommended by the department, based on
specified criteria. 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, within one year from the date of a unit
being closed to public access or the ending of all department
support, including specified information. The bill would require the
department to annually update any plan prepared pursuant to those
provisions, if needed, or if there are any additional park closures
on or after July 1, 2013, and to post a copy of the plan on its
Internet Web site.
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 shall be compiled
from park reopening plans or updated park reopening plans required to
be prepared pursuant to provisions of the bill, and that 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 5007 of the Public
Resources Code is amended to read:
5007. (a) The It is the intent of the
Legislature that the department shall
should achieve any required budget reductions by
closing, partially closing, and implementing
efficiencies and increasing revenue collection, or reducing
services at selected units of the state park system , and that
full park closures should only be considered as a last resort to
address required budget reductions after all other feasible
alternatives, including, but not limited to, operating agreements
with qualified nonprofit entities and local governments have been
explored . For purposes of this section, "required budget
reductions" means the amount of funds appropriated in the annual
Budget Act to the department that is less than the amount necessary
to fully operate the 2010 level of 278 units of the state park
system. The
(b) For any parks proposed or
designated for closure on or after January 1, 2013, the
department shall document and publicly disclose the
methodology, rationale, and scoring system used to evaluate and
select parks designated for closure, and shall select the units
to be closed based solely on all of the following factors:
(1) The relative statewide significance of each park unit,
preserving to the extent possible, parks identified in the department'
s documents including "Outstanding and Representative Parks," the
"California State History Plan," and the "California State Parks
Survey of 1928."
(2) The rate of visitation to each unit, to minimize impacts to
visitation in the state park system. Visitation shall be
measured not only based on the raw number of visitations to the unit,
but on the extent to which the total capacity of the unit is
utilized.
(3) (A) The estimated net savings from closing each unit, to
maximize savings to the state park system.
(B) For purposes of this subdivision, "net savings" means the
estimated costs of operation for the unit less the unit's projected
revenues and less the costs of maintaining the unit after it is
closed.
(4) The feasibility of physically closing each unit.
(5) The existence of, or potential for, partnerships that can help
support each unit, including concessions and both
for-profit and public and nonprofit partners
and concessions .
(6) Significant operational efficiencies to be gained from closing
a unit based on its proximity to other closed units where the units
typically share staff and other operating resources , except
where this would create a cluster of park closures that would have a
disproportionate impact on a local or regional economy .
(7) Significant and costly infrastructure deficiencies affecting
key systems at each unit so that continued operation of the unit is
less cost effective relative to other units.
(8) Recent or funded infrastructure investments at a unit.
(9) Necessary but unfunded capital investments at a unit.
(10) Deed restrictions and grant requirements applicable to each
unit.
(11) The extent to which there are substantial dedicated funds for
the support of the unit that are not appropriated from the General
Fund.
(12) The extent to which the closure of a unit would impact local
and regional economies, or disproportionately impact one region of
the state over another.
(13) The extent to which the closure of a unit would limit
availability of Americans with Disabilities Act of 1990 (ADA),
including changes made by the ADA Amendments Act of 2008 (Public Law
110-325), compliant facilities.
(14) The extent to which closure of a unit would impair
firefighter access to water resources or otherwise increase fire
risk.
(15) The extent to which closure of a unit would increase public
safety hazards or impair the state's ability to protect iconic
natural and historical resources.
(b)
(c) Notwithstanding Division 3.6 (commencing with
Section 810) of Title 1 of the Government Code, a public entity or a
public employee is not liable for injury or damage caused by a
condition of public property located in, or injury or damage
otherwise occurring in, or arising out of an activity in, a state
park system unit that is designated as closed by the department
pursuant to subdivision (a), except for conduct that constitutes
gross negligence or is wanton or reckless. This immunity shall apply
notwithstanding the fact that the public has access, whether invited
or uninvited, to the state park system unit, and notwithstanding that
the department may take actions such as patrols, inspections,
maintenance, and repairs necessary to protect the state park system
unit facilities and resources from deterioration, damage, or
destruction. This immunity shall apply only to units of the state
park system that are designated as closed pursuant to subdivision (a)
and shall not apply to units that are partially closed or subject to
service reductions but not closure. The closed units shall be
maintained in a list by the department and the list shall be made
publicly available and posted on the department's Internet Web site.
The list shall include the date the unit is considered closed. The
immunity provided by this subdivision does not limit any other
immunity or immunities available to a public entity or a public
employee. The governmental immunity provided in this section does not
apply to a third party or entity that has reopened a park listed as
closed pursuant to subdivision (a). The immunity shall continue to
apply to the state.
(d) This section shall not apply to any unit of the state park
system that was proposed or designated for closure prior to July 1,
2012.
SEC. 2. SEC. 3. Section 5080.45 is
added to the Public Resources Code, to read:
5080.45. (a) The department shall conduct a review of the parks
that are proposed as of July 1, 2012, or thereafter, for future
closure.
(b) The review of park closures required to be conducted pursuant
to subdivision (a) shall include an examination of proposed park
closures recommended by the department, based on the criteria
mandated by Section 5007.
(c) (1) The department shall prepare a report that includes, for
each park proposed for closure, information supporting the basis for
that closure recommendation, as 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. The department shall invite public comments on the
report, for a period of 30 days after release of the report,
including comments relating to requests for additional information
about potential economic impacts on local communities, consideration
of future costs incurred by the department related to park closures,
and the safety and environmental impacts of park closures.
(2) The report prepared pursuant to paragraph (1) shall comply
with Section 9795 of the Government Code.
(3) The department shall submit a copy of the park closure report
required to be prepared pursuant to this section, including any
public comments received, to the State Parks Commission and the
Legislature.
(4) The park closure report shall be reviewed by the State Parks
Commission at its regularly scheduled meetings as an agenda item.
(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 within one
year from the date of a park unit being closed to public access or
the ending of all department support. 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, or if there are any
additional park closures on or after July 1, 2013, and shall post a
copy of the plan on its Internet Web site.
(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.
SEC. 3. SEC. 4. 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
restrictions, the department shall prepare and submit to the
Legislature a master parks reopening plan, which shall be compiled
from park reopening plans or updated park reopening plans, and shall
set out priority actions and determine 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
, or other means available to the department under
its existing authority . The plan prepared pursuant to this
subdivision shall be posted on the department's Internet Web site.
(b) The plan shall utilize the department's recommendations with
regard to park closures and reopenings and 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 as demonstrated through
community involvement and donations.
(2) The impact of a park 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.
(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.
(d) A copy of the department's master list of park closures shall
be posted on its Internet Web site.