Existing law authorizes the Department of Parks and Recreation to enter into agreements with an agency of the United States, a city, county, district, or other public agency, or any combination thereof, for the care, maintenance, administration, and control by a party to the agreement of lands under the jurisdiction of a party to the agreement, for the purpose of the state park system. Existing law prohibits the department from entering into an operating lease or agreement, or amendment, unless one of 2 conditions are met including if, following enactment of the annual Budget Act, the State Public Works Board determines, among other things, that the proposed lease or agreement, or amendment, could not have been presented to the Legislature for review during the annual budget process, as provided. In those circumstances existing law authorizes the board to review and approve the proposed lease or agreement, or amendment, no earlier than 20 days after it has provided written notification to the chairpersons of certain legislative committees, as provided.

This bill would instead authorize the board to review and approve a proposed lease or agreement, or amendment, no earlier than 30 days after it has provided written notification to the chairpersons of those legislative committees, as provided.

Date of Hearing: April 6, 2016

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

ABPCA Bill Id:AB 1579

Author:(Travis Allen) – As Introduced Ver:January 5, 2016

Urgency: No State Mandated Local Program: No Reimbursable: No

SUMMARY:

This bill extends the time the Legislature has to review proposed state park operating lease agreements or amendments prior to approval by the State Public Works Board from 20 to 30 days.

FISCAL EFFECT:

No additional state costs.

COMMENTS:

1. Background. Current law requires operating agreements and lease agreements between the Department of Parks and Recreation (DPR) and other public entities to be approved by the Legislature as part of the annual budget process.

Current law also provides an alternative process for approving lease agreements and amendments after the budget has been enacted if the State Public Works Board determines that it is not in the interest of the public to wait for the next budget cycle. This process requires the State Public Works Board to provide the Legislature with 20 day notice before approving the proposed agreement.

1. Purpose. According to the author, current law allows a limited amount of time for review before the state enters into management and operations contracts that may involve millions of dollars over many years. This bill extends the legislative notice requirement to 30 days and makes technical changes to reflect the Legislature's current standing committees.

Analysis Prepared by: Jennifer Galehouse / APPR. / (916) 319-2081

Date of Hearing: March 29, 2016

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Marc Levine, Chair

ABPCA Bill Id:AB 1579 (

Author:Travis Allen) – As Introduced Ver:January 5, 2016

SUBJECT: Parks and monuments: operating leases or agreements

SUMMARY: Extends from 20 days to 30 days the time period the Legislature has to review a proposed state park lease agreement before it can be approved by the State Public Works Board. Specifically, this bill:

1. Extends from 20 days to 30 days the time period the Legislature has to review a proposed state park operating lease, agreement or amendment before it can be approved by the State Public Works Board;
2. Makes other technical corrections to update this code section.

EXISTING LAW:

1. Authorizes the Department of Parks & Recreation (DPR) to enter into an operating or lease agreement with another public agency for the care, maintenance, administration, and control, of lands for the purpose of the state park system.
2. Prohibits an operating lease or agreement between DPR and another public agency from being entered into or amended unless one of the following occurs:
   1. The Legislature reviews the lease, agreement or amendment as part of the annual budget process, or
   2. Following enactment of the annual Budget Act, the State Public Works Board does all of the following:
      1. Determines that the proposed lease or agreement could not have been presented to the Legislature for review during the annual budget process, and it would be adverse to the public interest to defer the review until the next budget process; and
      2. Reviews and approves the lease or agreement not sooner than 20 days after the board provides written notification to the Chairperson of the Joint Legislative Budget Committee and Senate and Assembly fiscal committees.
   3. Requires that any such action taken by the State Public Works Board is reported to the Legislature in the next Governor's Budget.

FISCAL EFFECT: Unknown

COMMENTS: This bill extends from 20 days to 30 days the time period the Legislature has to review a proposed state park lease agreement before it can be approved by the State Public Works Board.

1. Author's Statement: The author indicates he has introduced this bill to provide more time for public review of lease agreements for state parks. The current law allows a limited amount of time for review before the state enters into a contract for management and operation of a park, which may be for decades and millions of dollars. The author notes that other similar state procedures typically allow for 30 days of public comment and review.
2. Background: The current law requires that operating agreements and lease agreements between DPR and other public agencies and entities be approved by the Legislature as part of the annual budget process. The statute provides an alternative process for approval of a lease agreement by the State Public Works Board, when proposed agreements are proposed after the budget has been enacted and the State Public Works Board determines that it is not in the interest of the public to wait for the agreement to be approved the following year. In that case, the State Public Works Board must provide the Legislature with 20 day notice before approving the proposed agreement. This bill would extend the legislative notice requirement to 30 days. This bill also makes technical changes to update this code section to reflect the Legislature's current standing committees.
3. Prior and Related Legislation: This bill is substantially similar to the introduced version of AB 232 (Allen) of 2015, which passed this committee on consent. That bill was later gutted and amended to address an unrelated issue regarding hospital seismic safety which was authored by Assemblymember Obernolte.
   
   AB 2549 (Assembly Water, Parks & Wildlife Committee), a committee bill introduced this year by this committee would also amend the same code section as this bill. AB 2549 would similarly increase the legislative notice requirement from 20 to 30 days, but would also streamline the process by having the proposed lease agreements go through the Joint Legislative Budget Committee rather than through the state budget process or State Public Works Board. If both bills move forward, the conflict between the two bills will need to be resolved at some point in the legislative process, and to avoid chaptering out problems.

REGISTERED SUPPORT / OPPOSITION:

Support

None on file.

Opposition

None on file.

Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096