California Senate Bill SB386 Amended / Bill

 BILL NUMBER: SB 386AMENDED BILL TEXT AMENDED IN SENATE APRIL 25, 2011 AMENDED IN SENATE MARCH 25, 2011 INTRODUCED BY Senator Harman FEBRUARY 15, 2011 An act to add  and repeal Section 5080.42 of   Section 5080.42   to  the Public Resources Code, relating to state parks, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST SB 386, as amended, Harman. State parks: proposed closures:  operation and maintenance contracts.   public notice.  (1) Existing law authorizes the Department of Parks and Recreation to enter into agreements between the department and 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  prohibit the department, until June 30, 2013, from closing any unit of the state park system, unless the department provides written notice to the Legislature of the proposed closure, and has prepared an invitation to bid for a contract for the operation and maintenance of the unit of the state park system, as specified   require the department to post on its Internet Web site,   at least 30 days prior to the date the department plans to close a unit of the state park system to public access, specified information about the proposed park closure, including information about how to contact the department in writing if an individual or other party is interested in entering into negotiations with the department for a contract or agreement to lease, operate, maintain, or provide concessions at a unit of the state park system that is proposed to be closed. Th   e bill would require the department to respond in writing to any inquiry received in connection with the information provided pursuant to those provisions  . (2) This bill would declare that it is to take effect immediately as an urgency statute. Vote: 2/3. 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) The department shall not close any unit of the state park system, unless the department complies with both of the following requirements: (1) Provides written notice to the Legislature of a proposed closure of a unit of the state park system. (2) Has prepared an invitation to bid for a contract for the operation and maintenance of a unit of the state park system that is proposed to be closed, consistent with the requirements of this article, within 30 days from the date that the department provided notice to the Legislature pursuant to paragraph (1) of the proposed closure. (b) If the department is unable to find a responsible bidder for a contract to operate and maintain a unit of the state park system that is proposed to be closed pursuant to subdivision (a), it may consider bundling a contract or contracts for one or more units of the state park system, if it is in the best interests of the state to do so. (c) The department shall also consider offering a contract for bid for the operation and maintenance of a unit of the state park system that is not proposed to be closed, but for which the department has proposed to reduce the park unit's operating hours. (d) Any contract entered into pursuant to this section shall include all of the following: (1) A requirement that the operator of the unit of the state park system maintain the resource values and overall natural character of the unit. (2) If the commission has approved a general development plan for the unit of the state park system, a requirement that the unit be maintained and operated consistent with that plan. (3) A clause prohibiting the construction of facilities at a unit of the state park system without the authorization of the department. (e) This section shall become inoperative on June 30, 2013, and, as of January 1, 2014, is repealed, unless a later enacted statute, that becomes operative on or before January 1, 2014, deletes or extends the dates on which it becomes inoperative and is repealed.   5080.42. (a) The department shall post on its Web site, at least 30 days prior to the date the department plans to close a unit of the state park system to public access, all of the following information: (1) The name of the park system unit proposed to be closed. (2) The approximate date of proposed closure. (3) Information about how to contact the department in writing if an individual or other party is interested in entering into negotiations with the department for a contract or agreement to lease, operate, maintain, or provide concessions at a unit of the park system that is proposed to be closed. (b) The department shall respond in writing to any inquiry received in connection with the information provided pursuant to subdivision (a).  SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order that statutory changes are made to  allow   require  the Department of Parks and Recreation to  enter into contracts to reduce the operating and maintenance costs at units of the state   provide timely notice to the public on its Internet Web site of proposed closures of units of the state  park system at the earliest possible time, it is necessary that this act take effect immediately.