California Senate Bill SB356 Amended / Bill

 BILL NUMBER: SB 356AMENDED BILL TEXT AMENDED IN SENATE MAY 3, 2011 AMENDED IN SENATE MARCH 25, 2011 INTRODUCED BY Senator Blakeslee FEBRUARY 15, 2011 An act to add Section 5080.42 to the Public Resources Code, relating to state parks. LEGISLATIVE COUNSEL'S DIGEST SB 356, as amended, Blakeslee. State parks: local operating agreements. Existing law authorizes the Department of Parks and Recreation to enter into agreements with any agency of the United States or any city, county, district, or other public agency for the care, maintenance, administration, and control by a party to the agreement, of lands under the jurisdiction of any party to the agreement for purposes of the state park system. Existing law prohibits an operating agreement to be entered into or amended, unless, among other things, the Legislature has reviewed the lease or agreement, or amendment, as part of the annual budget process. This bill would require the department, if it proposes to  fully  close a unit of the state park system,  with no planned public access,  to notify the county or city in which the unit is located. Pursuant to procedures specified in the bill, a county or city would have the opportunity to take over operations and maintenance of the unit of the state park system. The bill would require the department to enter into  an agreement   negotiations  with a county or city that notifies the department of its intention to take over the operation and maintenance of a unit of the state park system in response to the department's notice. The bill would require  the   an  agreement  entered into  to include certain provisions, including a provision that  the use of existing local government staff, volunteers, or cooperating associations are exempt from state prevailing wage requirements. The bill  would  also  require the  agreement to include the provision that the  length of the term of the agreement  to  be not less than one year and not longer than 5 years, with an option to renew upon the conclusion of the agreement. 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. Section 5080.42 is added to the Public Resources Code, to read: 5080.42. (a)  Notwithstanding this article, a   A  city or county shall have the opportunity to provide for the operation and maintenance of a unit of the state park system, pursuant to this section, that the state proposes to  close   fully close with no planned public access  . (b) (1) If the state proposes to close a unit of the state park system, the department shall notify the county in which the unit is located of the department's intent to close the unit. (2) Upon receiving the notice pursuant to paragraph (1), the county board of supervisors shall have  15   ____  days to respond in writing to the department on whether it will consider voluntarily taking over operation and maintenance of the unit of the state park system that is proposed to be closed. The county may elect to take over operation and maintenance of the unit if a majority of the county board of supervisors votes to do so at a properly noticed public hearing with an opportunity for community stakeholders to be heard. After approval at the hearing, the county shall provide written notice to the department within  60   ____  days of the notice pursuant to paragraph (1) of its intent to take over the operation and maintenance of a unit of the state park system that is proposed to be closed. (c) (1) If the board of supervisors declines to take over operation by failing to respond to the department's notice within the  15-day   ____-day  period, or if a majority of the board opposes taking over operation and maintenance of the unit by a vote at the public hearing, pursuant to paragraph (2) of subdivision (b), the department shall notify the city in which the unit is located of the department's intent to close the unit. (2) Upon receiving the notice pursuant to paragraph (1), the city shall have  30   ____  days to respond in writing to the department on whether the city plans to consider taking over operation and maintenance of the unit that is proposed to be closed. The city may elect to take over operation and maintenance of the unit if a majority of the city council members  votes   vote  to do so at a properly noticed public hearing with an opportunity for community stakeholders to be heard. After approval at the hearing, the city shall provide written notice to the department within  60   ____  days of the notice pursuant to paragraph (1) of its intent to take over the operation and maintenance of a unit of the state park system that is proposed to be closed. (d) If a county or city provides written notification of its intent to take over the operation and maintenance of a unit of the state park system, pursuant to subdivision (b) or (c), the department shall enter into  an agreement   negotiations  to transfer the full responsibilities of operating and maintaining the unit to the county or city.  The agreement   An agreement entered into  shall include, but not be limited to, the following provisions:  (1) To reduce the cost impact to a county or city assuming responsibility for operating and maintaining the park, the county or city is encouraged and authorized to use existing local government staff resources as well as contract with volunteer cooperating associations and utilize volunteers to the extent possible and appropriate in order to operate and manage the park. The use of existing local government staff, volunteers, or cooperating associations shall be exempt from prevailing wage requirements pursuant to Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.   (2) In the event the county or city would benefit from retaining existing department staff to continue performing critical or specialized functions within the park that cannot be fulfilled by local government staff, volunteers, or cooperating associations, the county or city may enter into a contract with the department to provide for the temporary employment of department staff. The department may provide these employees with a leave of absence whereby the state's contribution to salary and benefits may be suspended for the term of the leave. The county or city may enter into a new contract negotiated with the individual employee.   (3)   (1)  The county or city shall operate and maintain the unit consistent with the general plan for the unit, or the state park system, as applicable.  (4)   (2)  Capital improvements or changes in the use of the unit by the county or city shall be approved by the department.  (5)   (3)  The agreement shall not limit or impair the ability of the county or city to work collaboratively with other local governments to operate and manage the  unit   unit, with the approval of the department  .  (6)   (4)  The department and the county or city shall agree to the length of the term for which the county or city will operate and manage the unit, which shall not be less than  a   one  year and not longer than five years. At the conclusion of the agreement term, the department and the county or city may enter into another agreement pursuant to this section.