California Senate Bill SB599 Latest Draft

 BILL NUMBER: SB 599AMENDED BILL TEXT AMENDED IN ASSEMBLY JULY 3, 2013 AMENDED IN ASSEMBLY JUNE 12, 2013 AMENDED IN SENATE APRIL 10, 2013 INTRODUCED BY Senator Evans FEBRUARY 22, 2013 An act to amend Sections 535  , 535.5, and 541.5   and 535.5  of, and to add Sections 530.5  and 541.7   , 541.7, and 541.8  to, the Public Resources Code, relating to state parks. LEGISLATIVE COUNSEL'S DIGEST SB 599, as amended, Evans. State parks. Existing law establishes the State Park and Recreation Commission within the Department of Parks and Recreation, and sets forth the commission's duties, including, among others, to evaluate and assess the department's deferred maintenance obligations, and to report annually to the Governor on recreational facilities, programs, and activities of the state park system. This bill would require the commission to also evaluate and assess the department's proposed capital outlay and infrastructure expenditures, and would require the commission's annual report to identify any budgetary requests of the commission for consideration by the  Department of Finance and the Legislature     Director of the Department of Parks and Recreation  , as specified. The bill would authorize the commission to conduct public meetings or hearings on all matters within the jurisdiction of the department, and would require the commission to meet at least quarterly and to achieve geographic balance in the locations at which meetings are held. The bill, if the department proposes to close a state park on or after the 2014-15 fiscal year, would require the department to first provide notice to the commission 6 months in advance, and would also require the Department of Finance to establish a separate line item in the annual Budget Act for any annual appropriations to the commission proposed by the Governor or appropriated by the Legislature. The bill would make various findings and declarations of the Legislature relating to the Department of Parks and  Recreations   Recreation  . 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. The Legislature finds and declares all of the following: (a) The Department of Parks and Recreation has experienced difficult years with decreased funding, the threatened closure of dozens of important state parks, and fiscal mismanagement that resulted in at least four separate audits or investigations. (b) In its initial response to these circumstances, in 2012, the Legislature directed the department to establish a revenue generation program with dedicated funding, expanded opportunities for contracts and other arrangements with nonprofits to help keep parks open, added legislative ex officio members to the State Park and Recreation Commission, and directed the commission to review the deferred maintenance backlog at the department. (c) In addition, among other provisions, in 2012, the Legislature authorized the sale of specialized state park license plates, required a prioritized plan to increase revenues and collect user fees, and prohibited the closure of any parks for a specified period. (d) Because of the important public functions provided by the department and the importance of continued public oversight of the department, including, but not limited to, the implementation of the various budget and statutory provisions enacted in 2012, the Legislature has determined to enact this measure. SEC. 2. Section 530.5 is added to the Public Resources Code, to read: 530.5. The commission shall meet at least quarterly and shall achieve geographic balance in the locations at which meetings are held. The commission may arrange for its meetings to be broadcast or streamed live on the Internet through a contract with a provider. The commission may also conduct meetings through videoconferencing to achieve financial savings. SEC. 3. Section 535 of the Public Resources Code is amended to read: 535. (a) The commission shall report annually to the Governor, through the director, on existing and operating recreational facilities, programs  ,  and activities of the state park system, and the needs of the state and the local subdivisions of the state for recreational facilities, programs, and activities, and shall make recommendations for programs and activities to meet future needs of the state for parks and recreation. (b) The annual report shall identify any budgetary requests of the commission for consideration by the  Department of Finance and the Legislature   director  , including, notwithstanding the provisions of Section 534.5, recommendations for staff that may be hired. SEC. 4. Section 535.5 of the Public Resources Code is amended to read: 535.5. (a) The commission shall evaluate and assess the department's deferred maintenance obligations and proposed capital outlay and infrastructure expenditures. After public notice and at a public hearing, following a presentation by the relevant district superintendent, the commission may consider the nature and extent, and establish the relative priority, of prospective deferred maintenance projects of the department. (b) The commission may provide advice to the Governor, the Legislature, and the department on policies, projects, and other matters pertaining to parks, recreation, and public access affecting the state park system. (c) The commission may conduct an annual workshop or series of workshops to review the department's annual operating budget and proposed capital improvement projects. (d) The commission may make recommendations to improve visitor services and visitor satisfaction in parks, assess the progress and challenges with regard to the protection of natural, cultural, and historical resources within the state park system, and enhance revenue opportunities across the state park system. (e) The commission may assist in promoting the state park system and parks and recreational facilities and programs. (f) The commission may conduct public meetings or hearings on all matters within the jurisdiction of the department, including, but not limited to, revenue generation, public-private partnerships, and concession agreements. (g) The sum of one hundred twenty  thousands   thousand  dollars ($120,000) annually in the 2012-13 and 2013-14 fiscal years is hereby appropriated from the State Parks and Recreation Fund to the commission for the purpose of funding those activities authorized under this section.  SEC. 5.   Section 541.5 of the Public Resources Code is amended to read: 541.5. (a) The department shall not close, or propose to close, a state park in the 2012-13 or 2013-14 fiscal year. The commission and the department shall recommend all necessary steps to establish a sustainable funding strategy for the department to the Legislature on or before January 1, 2015. (b) There is hereby appropriated twenty million five hundred thousand dollars ($20,500,000) to the department from the State Parks and Recreation Fund, which shall be available for encumbrance for the 2012-13 and 2013-14 fiscal years, to be expended as follows: (1) Ten million dollars ($10,000,000) shall be available to provide for matching funds pursuant to subdivision (c). (2) Ten million dollars ($10,000,000) shall be available for the department to direct funds to parks that remain at risk of closure or that will keep parks open during the 2012-13 and 2013-14 fiscal years. Priority may be given to parks subject to a donor or operating agreement or other contractual arrangement with the department. (3) Up to five hundred thousand dollars ($500,000) shall be available for the department to pay for ongoing audits and investigations as directed by the Joint Legislative Audit Committee, the office of the Attorney General, the Department of Finance, or other state agency. (c) The department shall match on a dollar-for-dollar basis all financial contributions contributed by a donor pursuant to an agreement for the 2012-13 fiscal year for which the department received funds as of July 31, 2013, and for agreements entered into in the 2013-14 fiscal year. These matching funds shall be used exclusively in the park unit subject to those agreements. (d) The department shall notify the Joint Legislative Budget Committee in writing not less than 30 days before the expenditure of funds under this section of the funding that shall be expended, the manner of the expenditure, and the recipient of the expenditure. (e) If the department proposes to close a state park on or after the 2014-15 fiscal year, the department shall not do so unless it first provides notice to the commission six months in advance in order to provide the commission an opportunity to provide input and to propose one or more alternatives to closure.   SEC. 6.   SEC. 5.  Section 541.7 is added to the Public Resources Code, to read: 541.7. The Department of Finance shall establish a separate line item in the annual Budget Act for any annual appropriations to the commission proposed by the Governor or appropriated by the Legislature.  SEC. 6.   Section 541.8 is added to the   Public Resources Code   , to read:   541.8. If the department proposes to close a state park on or after the 2014-15 fiscal year, the department shall not do so unless it first provides notice to the commission six months in advance in order to provide the commission an opportunity to provide input and to propose one or more alternatives to closure.