California Senate Bill SB974 Amended / Bill

 BILL NUMBER: SB 974AMENDED BILL TEXT AMENDED IN SENATE APRIL 11, 2012 INTRODUCED BY Senator Evans (Coauthors: Assembly Members  Blumenfield     and V. Manuel Prez   Achadjian,   Alejo,   Blumenfield,   Monning,   V. Manuel Prez,   and Yamada  ) JANUARY 19, 2012 An act to add  Section   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 authorizes the Department of Parks and Recreation 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, by July 1, 2013, to conduct a review  to reexamine the list of park closures in the state announced by the department in May 2011   of the parks that are closed on July 1, 2012, or that are proposed, as of that date, for future closure  . The bill would also require the  department to develop and implement a transparent park closure  review process  that includes   required to be conducted pursuant to those provisions to include  specified elements. The bill would require the department,  beginning on   by  July 1, 2013, and  annually  by July 1 of each year thereafter, to make a determination on the status of any  state  park  included on the May 2011 park closure list and on any other park not on that list  that may be scheduled for future closure, based on the above-described park closure review process. The bill would require the department,  by July 1, 2013, to present to the State Parks Commission and the Legislature a revised list of park closures, based upon the park closure review process prescribed by the bill. The bill would prohibit the closure of any other units of the state park system until the requirements of the bill are fulfilled   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 or transfer of the unit to another public agency that has the ability to reopen and operate the park, including specified information  .  The bill would require the department, no later than January 1, 2014, and by January 1 of each year thereafter, to prepare and submit to the Legislature a master parks reopening plan, which 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.   SECTION 1.   SEC. 2.  Section 5080.45 is added to the Public Resources Code, to read: 5080.45. (a) The department shall, by July 1, 2013, conduct a review  to reexamine the list of park closures in the state announced by the department in May, 2011   of the parks that are actually closed on July 1, 2012, or that are proposed as of July 1, 2012, for future closure  . (b) The  department shall develop and implement a transparent   review of  park  closure review process that includes   closures required to be conducted pursuant to subdivision (a) shall include  all of the following elements: (1) An examination of proposed park closures recommended on the basis of a decision matrix developed by the department, which includes the criteria mandated by Section 5007. (2) An analysis of economic impacts on local communities resulting from a proposed park closure. (3) A formal determination by the department as to whether an analysis is needed under Division 13 (commencing with Section 21000). The analysis, if necessary, shall be conducted by the department. (4) Consideration of the costs of park closures, including estimations of future costs for deferred maintenance, liability, and security. (5) An examination by the department of acquisition agreements entered into by the department and federal government pursuant to the California Wildlife, Coastal, and Park Land Conservation Act  ( Division   (Division  5.8 (commencing with Section  5900)   5900))  to ensure that those agreements are being honored and public access to the coast is being protected. (6) Provisions for the conduct of at least two public hearings, during which there is an opportunity for public comment and input. One of those meetings shall be held in northern California, and one shall be held in southern California. Public input and comments from those meetings shall be considered by the department in making any future park closure decisions. (7) The minutes of any meetings of the department discussing park closures shall be maintained and made available to the public, upon request. (8) Consideration and documentation of any other cost savings measures that may be taken to prevent park closures and meet the department's budgetary goals. (c)  (1)    By July 1, 2013, and by July 1 of each year thereafter, the department shall make a determination on the status of  parks included on the May 2011 park closure list and any other state parks   any state park  that may be considered for future closure, based on the park closure review process set forth in subdivision (b).  By July 1, 2013, the department shall present to the State Parks Commission and the Legislature a revised list of park closures, based upon the park closure review process described in subdivision (b), accompanied by appropriate background and decisionmaking documents.   (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 or a transfer of the unit to another public agency that has the ability to reopen and operate the park. 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, and community involvement at the unit of the park system.   (2) The department shall annually update any plan prepared pursuant to this subdivision, and shall post a copy of the plan on its Internet Web site.   (d)   (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.  (e) On or after January 1, 2013, additional units of the state park system shall not be closed until the requirements of this section are fulfilled.   SEC. 3.   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, the department shall prepare and submit to the Legislature a master parks reopening plan, which sets out priority actions and determines 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. The plan prepared pursuant to this subdivision shall be posted on the department's Internet Web site. (b) The plan 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 significant community support prior to closure as demonstrated through community involvement and donations. The department shall give priority to reopening parks that have a record of using operating agreements with nonprofit organizations for park operations, significant donations, and community support. (2) The impact of a park closure, including economic impacts of a 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. (5) Whether there is involvement by community organizations and ongoing financial support by donors for the maintenance of park operations. (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.