(1)Existing law requires the owner of a vessel, as described, to register the vessel in accordance with prescribed requirements governing the registration and transfer of vessels. Existing law requires vessel registration to be renewed every 2-year period, as specified. Existing law establishes a registration fee and a renewal fee for vessels, and imposes an additional fee, known as the quagga and zebra mussel infestation prevention fee, in specified amounts, as determined by the Division of Boating and Waterways in the Department of Parks and Recreation, on a vessel required to pay the registration fee or renewal fee.

This bill would separately distinguish the issuance and collection of the quagga and zebra mussel infestation and prevention fee from the registration fee and renewal fee for vessels, as specified. The bill would not prohibit the Department of Motor Vehicles from issuing registration or renewal registration of a vessel if the quagga and zebra mussel infestation and prevention fee has not been paid. The bill would authorize a vessel operator to be issued a citation for operating the vessel in nonmarine waters without a valid state-issued quagga and zebra mussel infestation and prevention fee sticker, as provided. To the extent that the bill would create a new infraction or expand an existing infraction, the bill would impose a state-mandated local program.

(2)Existing law authorizes the Department of Parks and Recreation to enter into various agreements, including agreements with private, nonprofit public benefit corporations or other private entities, as may be appropriate, to assist the department in its efforts to secure long-term private funding sources for any and all units of the state park system and to ensure that they are preserved and open for public use and enjoyment. Existing law provides that the authority to enter into those agreements shall include, but not be limited to, securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements.

This bill, until January 1, 2029, would authorize the department, contingent upon the availability of its resources, to enter into community access agreements with eligible entities, defined as qualified nonprofit public benefit corporations and Native American tribes, as specified, to provide interpretive services and visitor services at units of the state parks system to underserved park users, as defined. The bill would require an eligible entity that enters into a community access agreement with the department to deliver interpretive services and visitor services to underserved park users consistent with the mission of the department and the resource values of the unit or units of the state park system. The bill would authorize a community access agreement to include free or reduced-cost access to the eligible entity and members of the public participating in interpretive services and visitor services offered by the eligible entity at a unit or units of the state park system in furtherance of the agreement. The bill would require the department, on or before December 31, 2028, to submit a report to the Legislature on the implementation of these provisions.

(3)Existing federal law provides for allocation of federal funds to eligible states through the federal Temporary Assistance for Needy Families (TANF) block grant program. Existing state law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families.

Existing law authorizes the Department of Parks and Recreation to collect fees, rents, and other returns for use of any state park system area, as provided. Existing law establishes the Golden Bear Pass as a discount program available to persons who meet specified criteria for the use of state park facilities, including persons receiving aid under the CalWORKs program. Existing law requires the department to waive, until July 1, 2024, the $5 fee to obtain the Golden Bear Pass.

This bill would additionally authorize issuance of a Golden Bear Pass to any person receiving aid under the TANF program, as specified.

(4)The California Recreational Trails Act requires the Controller to transfer all money allocated to the state by the federal government pursuant to the Steve Symms National Recreational Trails Fund Act of 1991 to the Recreational Trails Fund. Existing law requires that the money in the fund be available, upon appropriation, to the Department of Parks and Recreation for competitive grants to cities, counties, districts, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop recreational trails in accordance with that federal act. Existing law requires a specified portion of the money in the fund to be available only for nonmotorized recreational trails with at least ¹/₂ of that portion only available for grants to cities, counties, districts, and nonprofit organizations with management responsibilities over public lands.

This bill would also require that the money in the fund be available for grants pursuant to these provisions to federally recognized California Native American tribes and nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission. The bill would require the department, before disbursing a grant on or after January 1, 2024, to have a mechanism in place to recover a grant spent outside the terms of the recipients grant agreement.

(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law requires the owner of a vessel, as described, to register the vessel in accordance with prescribed requirements governing the registration and transfer of vessels. Existing law requires vessel registration to be renewed every 2-year period, as specified. Existing law establishes a registration fee and a renewal fee for vessels, and imposes an additional fee, known as the quagga and zebra mussel infestation prevention fee, in specified amounts, as determined by the Division of Boating and Waterways in the Department of Parks and Recreation, on a vessel required to pay the registration fee or renewal fee.

This bill would separately distinguish the issuance and collection of the quagga and zebra mussel infestation and prevention fee from the registration fee and renewal fee for vessels, as specified. The bill would not prohibit the Department of Motor Vehicles from issuing registration or renewal registration of a vessel if the quagga and zebra mussel infestation and prevention fee has not been paid. The bill would authorize a vessel operator to be issued a citation for operating the vessel in nonmarine waters without a valid state-issued quagga and zebra mussel infestation and prevention fee sticker, as provided. To the extent that the bill would create a new infraction or expand an existing infraction, the bill would impose a state-mandated local program.

(2)Existing law authorizes the Department of Parks and Recreation to enter into various agreements, including agreements with private, nonprofit public benefit corporations or other private entities, as may be appropriate, to assist the department in its efforts to secure long-term private funding sources for any and all units of the state park system and to ensure that they are preserved and open for public use and enjoyment. Existing law provides that the authority to enter into those agreements shall include, but not be limited to, securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements.

This bill, until January 1, 2029, would authorize the department, contingent upon the availability of its resources, to enter into community access agreements with eligible entities, defined as qualified nonprofit public benefit corporations and Native American tribes, as specified, to provide interpretive services and visitor services at units of the state parks system to underserved park users, as defined. The bill would require an eligible entity that enters into a community access agreement with the department to deliver interpretive services and visitor services to underserved park users consistent with the mission of the department and the resource values of the unit or units of the state park system. The bill would authorize a community access agreement to include free or reduced-cost access to the eligible entity and members of the public participating in interpretive services and visitor services offered by the eligible entity at a unit or units of the state park system in furtherance of the agreement. The bill would require the department, on or before December 31, 2028, to submit a report to the Legislature on the implementation of these provisions.

(3)Existing federal law provides for allocation of federal funds to eligible states through the federal Temporary Assistance for Needy Families (TANF) block grant program. Existing state law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families.

Existing law authorizes the Department of Parks and Recreation to collect fees, rents, and other returns for use of any state park system area, as provided. Existing law establishes the Golden Bear Pass as a discount program available to persons who meet specified criteria for the use of state park facilities, including persons receiving aid under the CalWORKs program. Existing law requires the department to waive, until July 1, 2024, the $5 fee to obtain the Golden Bear Pass.

This bill would additionally authorize issuance of a Golden Bear Pass to any person receiving aid under the TANF program, as specified.

(4)The California Recreational Trails Act requires the Controller to transfer all money allocated to the state by the federal government pursuant to the Steve Symms National Recreational Trails Fund Act of 1991 to the Recreational Trails Fund. Existing law requires that the money in the fund be available, upon appropriation, to the Department of Parks and Recreation for competitive grants to cities, counties, districts, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop recreational trails in accordance with that federal act. Existing law requires a specified portion of the money in the fund to be available only for nonmotorized recreational trails with at least ¹/₂ of that portion only available for grants to cities, counties, districts, and nonprofit organizations with management responsibilities over public lands.

This bill would also require that the money in the fund be available for grants pursuant to these provisions to federally recognized California Native American tribes and nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission. The bill would require the department, before disbursing a grant on or after January 1, 2024, to have a mechanism in place to recover a grant spent outside the terms of the recipients grant agreement.

(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(2)Existing law authorizes the Department of Parks and Recreation to enter into various agreements, including agreements with private, nonprofit public benefit corporations or other private entities, as may be appropriate, to assist the department in its efforts to secure long-term private funding sources for any and all units of the state park system and to ensure that they are preserved and open for public use and enjoyment. Existing law provides that the authority to enter into those agreements shall include, but not be limited to, securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements.

This bill, until January 1, 2029, would authorize the department, contingent upon the availability of its resources, to enter into community access agreements with eligible entities, defined as qualified nonprofit public benefit corporations and Native American tribes, as specified, to provide interpretive services and visitor services at units of the state parks system to underserved park users, as defined. The bill would require an eligible entity that enters into a community access agreement with the department to deliver interpretive services and visitor services to underserved park users consistent with the mission of the department and the resource values of the unit or units of the state park system. The bill would authorize a community access agreement to include free or reduced-cost access to the eligible entity and members of the public participating in interpretive services and visitor services offered by the eligible entity at a unit or units of the state park system in furtherance of the agreement. The bill would require the department, on or before December 31, 2028, to submit a report to the Legislature on the implementation of these provisions.

(3)Existing federal law provides for allocation of federal funds to eligible states through the federal Temporary Assistance for Needy Families (TANF) block grant program. Existing state law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families.

Existing law authorizes the Department of Parks and Recreation to collect fees, rents, and other returns for use of any state park system area, as provided. Existing law establishes the Golden Bear Pass as a discount program available to persons who meet specified criteria for the use of state park facilities, including persons receiving aid under the CalWORKs program. Existing law requires the department to waive, until July 1, 2024, the $5 fee to obtain the Golden Bear Pass.

This bill would additionally authorize issuance of a Golden Bear Pass to any person receiving aid under the TANF program, as specified.

(4)The California Recreational Trails Act requires the Controller to transfer all money allocated to the state by the federal government pursuant to the Steve Symms National Recreational Trails Fund Act of 1991 to the Recreational Trails Fund. Existing law requires that the money in the fund be available, upon appropriation, to the Department of Parks and Recreation for competitive grants to cities, counties, districts, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop recreational trails in accordance with that federal act. Existing law requires a specified portion of the money in the fund to be available only for nonmotorized recreational trails with at least ¹/₂ of that portion only available for grants to cities, counties, districts, and nonprofit organizations with management responsibilities over public lands.

This bill would also require that the money in the fund be available for grants pursuant to these provisions to federally recognized California Native American tribes and nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission. The bill would require the department, before disbursing a grant on or after January 1, 2024, to have a mechanism in place to recover a grant spent outside the terms of the recipients grant agreement.

(1)Existing law authorizes the Department of Parks and Recreation to enter into various agreements, including agreements with private, nonprofit public benefit corporations or other private entities, as may be appropriate, to assist the department in its efforts to secure long-term private funding sources for any and all units of the state park system and to ensure that they are preserved and open for public use and enjoyment. Existing law provides that the authority to enter into those agreements shall include, but not be limited to, securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements.

This bill, until January 1, 2029, would authorize the department, contingent upon the availability of its resources, to enter into community access agreements with eligible entities, defined as qualified nonprofit public benefit corporations and Native American tribes, as specified, to provide interpretive services and visitor services at units of the state parks system to underserved park users, as defined. The bill would require an eligible entity that enters into a community access agreement with the department to deliver interpretive services and visitor services to underserved park users consistent with the mission of the department and the resource values of the unit or units of the state park system. The bill would authorize a community access agreement to include free or reduced-cost access to the eligible entity and members of the public participating in interpretive services and visitor services offered by the eligible entity at a unit or units of the state park system in furtherance of the agreement. The bill would require the department, on or before December 31, 2028, to submit a report to the Legislature on the implementation of these provisions.

(2)Existing federal law provides for allocation of federal funds to eligible states through the federal Temporary Assistance for Needy Families (TANF) block grant program. Existing state law provides for the California Work Opportunity and Responsibility to Kids (CalWORKs) program under which, through a combination of state and county funds and federal funds received through the TANF program, each county provides cash assistance and other benefits to qualified low-income families.

Existing law authorizes the Department of Parks and Recreation to collect fees, rents, and other returns for use of any state park system area, as provided. Existing law establishes the Golden Bear Pass as a discount program available to persons who meet specified criteria for the use of state park facilities, including persons receiving aid under the CalWORKS CalWORKs program. Existing law requires the department to waive, until July 1, 2024, the $5 fee to obtain the Golden Bear Pass.

This bill would additionally authorize issuance of a Golden Bear Pass to any person receiving aid under the TANF program, as specified.

(3)The California Recreational Trails Act requires the Controller to transfer all money allocated to the state by the federal government pursuant to the Steve Symms National Recreational Trails Fund Act of 1991 to the Recreational Trails Fund. Existing law requires that the money in the fund be available, upon appropriation, to the Department of Parks and Recreation for competitive grants to cities, counties, districts, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop recreational trails in accordance with that federal act. Existing law requires a specified portion of the money in the fund to be available only for nonmotorized recreational trails with at least ¹/₂ of that portion only available for grants to cities, counties, districts, and nonprofit organizations with management responsibilities over public lands.

This bill would also require that the money in the fund be available for grants for those purposes pursuant to these provisions to federally recognized California Native American tribes and nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission. The bill would require the department, before disbursing a grant on or after January 1, 2024, to have a mechanism in place to recover a grant spent outside the terms of the recipients grant agreement.

(1)Existing law authorizes the Department of Parks and Recreation to enter into various agreements, including agreements with private, nonprofit public benefit corporations or other private entities, as may be appropriate, to assist the department in its efforts to secure long-term private funding sources for any and all units of the state park system and to ensure that they are preserved and open for public use and enjoyment. Existing law provides that the authority to enter into those agreements shall include, but not be limited to, securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements.

This bill, until January 1, 2029, would authorize the department, contingent upon the availability of its resources, to enter into community access agreements with eligible entities, defined as qualified nonprofit public benefit corporations and Native American tribes, as specified, to provide interpretive services and visitor services at units of the state parks system to underserved park users, as defined. The bill would require an eligible entity that enters into a community access agreement with the department to deliver interpretive services and visitor services to underserved park users consistent with the mission of the department and the resource values of the unit or units of the state park system. The bill would authorize a community access agreement to include free or reduced-cost access to the eligible entity and members of the public participating in interpretive services and visitor services offered by the eligible entity at a unit or units of the state park system in furtherance of the agreement. The bill would require the department, on or before December 31, 2028, to submit a report to the Legislature on the implementation of these provisions.

Existing law authorizes the Department of Parks and Recreation to enter into various agreements, including agreements with private, nonprofit public benefit corporations or other private entities, as may be appropriate, to assist the department in its efforts to secure long-term private funding sources for any and all units of the state park system and to ensure that they are preserved and open for public use and enjoyment. Existing law provides that the authority to enter into those agreements shall include, but not be limited to, securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements.

This bill, until January 1, 2029, would authorize the department, contingent upon the availability of its resources, to enter into community access agreements with eligible entities, defined as qualified nonprofit public benefit corporations and Native American tribes, as specified, to provide interpretive services and visitor services at units of the state parks system to underserved park users, as defined. The bill would require an eligible entity that enters into a community access agreement with the department to deliver interpretive services and visitor services to underserved park users consistent with the mission of the department and the resource values of the unit or units of the state park system. The bill would authorize a community access agreement to include free or reduced-cost access to the eligible entity and members of the public participating in interpretive services and visitor services offered by the eligible entity at a unit or units of the state park system in furtherance of the agreement. The bill would require the department, on or before December 31, 2028, to submit a report to the Legislature on the implementation of these provisions.

CONCURRENCE IN SENATE AMENDMENTS

CSA1 Bill Id:AB 1150

Author:(Committee on Water, Parks, and Wildlife)

As Amended Ver:September 8, 2023

Majority vote

SUMMARY

Authorizes the Department of Parks and Recreation (State Parks) through January 1, 2029, to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved park users; adds Native American tribes as entities eligible for competitive grants from the Recreational Trails Fund; updates references related to Golden Bear Pass eligibility; and decouples collection of vessel (boat) registration fees from zebra and quagga mussel infestation fees (mussel infestation fee).

Senate Amendments

1. Remove a reference to Aid to Families with Dependent Children (AFDC) and replaces it with the California Work Opportunities and Responsibility for Kids (CalWORKs) program, which is California's Temporary Assistance to Needy Families (TANF) program.
2. Make technical changes to ensure that the mussel infestation fee is collected separately from a vessel registration fee.
3. Adds Native American tribes as entities eligible for competitive grants from the Recreational Trails Fund.

COMMENTS

Community access agreement. This bill would authorize a new type of agreement to allow eligible entities to provide ongoing interpretative and visitor services for underserved park users. The bill would pilot this new approach, and would include a requirement for a report to the Legislature at the end of the pilot to allow for an assessment of the outcomes.

Golden Bear Pass. The Golden Bear Pass program offers a reduced fee State Park System pass to eligible recipients. This bill would update a reference to one of these eligible recipient groups. In particular, it would remove the reference to AFDC and replace it with the CalWORKs program.

Recreational Trails Program (RTP). RTP, administered by State Parks' Office of Grants and Local Services, offers competitive grants to local governments, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop non-motorized recreational trails and trails-related facilities. Existing state law does not explicitly identify Native American tribes as eligible for state-administered RTP funding. However, Native American tribes are eligible for federally-administered RTP funds. This bill would ensure that state-administered RTP funding has the same funding eligibility as federally-administered funds by including Native American tribes, as specified, as eligible grant recipients.

Quagga and Zebra mussels. These mussels are freshwater invasive species that threaten aquatic ecosystems and fisheries, water delivery systems, hydroelectric facilities, agriculture, and the environment in general. Introduction by people and recreational equipment, such as boats, are the primary method the mussels are spread to unconnected waters. To support efforts to prevent the spread of these invasive species, vessels operating in freshwater in California are required to pay a mussel infestation fee. Prior to 2021, the Department of Motor Vehicles collected the mussel infestation fee alongside the vessel registration fee; however, the U.S. Coast Guard informed the Division of Boating and Waterways within State Parks that this violated federal regulations and that the collection of the mussel infestation fee needed to be decoupled from the collection of vessel registration fees. The provisions of this bill relating to the infestation fee codify this practice.

According to the Author

"[This bill], the Parks and Recreation Omnibus, creates a permissive new tool that allows State Parks the ability to enter into community access agreements with qualified nonprofits and tribes working to provide ongoing interpretive and visitor services to underserved populations at state park properties. Additionally, this bill makes two technical revisions to existing statutes related to the Golden Bear Pass and the Recreational Trails Program."

Arguments in Support

A coalition of organizations write in support, stating that "[c]ommunity-based nonprofit organizations can serve as trusted bridges for people that have been systematically excluded from nature to experience the outdoors and develop meaningful connections. […] The existing special event permitting and fee system created to regulate one-time large-scale special events imposes unnecessary administrative costs on both State Parks and community partners and limits the frequency of these activities and the impact of programs. AB 1150 provides a more equitable framework to increase access and support organizations that serve as trusted connectors to the outdoors for communities that have historically not had access to these spaces."

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Senate Appropriations Committee, State Parks estimates ongoing costs in the low hundreds of thousands of dollars annually (General Fund) until the provisions of this bill sunset on January 1, 2029. State Parks notes the actual amount would vary based on the number of community access contracts negotiated and the amount of services provided. There are unknown, potentially significant cost pressure (General Fund) to continue the authorization of community access agreements after January 1, 2029, and to scale up the utilization of the agreements should the pilot program prove to be successful.

VOTES:

ASM WATER, PARKS, AND WILDLIFE: 15-0-0

YES: Bauer-Kahan, Mathis, Alanis, Bennett, Megan Dahle, Davies, Friedman, Hart, Wood, Pellerin, Blanca Rubio, Schiavo, Villapudua, Ward, Weber

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

ASSEMBLY FLOOR: 77-0-3

YES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones‑Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie‑Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

ABS, ABST OR NV: Aguiar-Curry, Mathis, Papan

SENATE FLOOR: 39-0-1

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Nguyen, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Rubio, Seyarto, Skinner, Smallwood-Cuevas, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Caballero

UPDATED

VERSION: September 8, 2023

CONSULTANT: Keith Cialino / W., P., & W. / (916) 319-2096 FN: 0002386

 THIRD READING  

Bill No: AB 1150

Author: Committee on Water, Parks, and Wildlife

Amended: 9/8/23 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 11-0, 6/22/23

AYES: Min, Seyarto, Allen, Dahle, Grove, Hurtado, Laird, Limón, McGuire, Padilla, Stern

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 77-0, 5/25/23 - See last page for vote

SUBJECT: Parks, recreation, and vessels: omnibus

SOURCE: California State Parks Foundation

Outdoor Outreach

DIGEST:

This bill authorizes the Department of Parks and Recreation (State Parks) to enter into community access agreements, adds Native American tribes, as specified, as entities eligible for competitive grants from the Recreational Trails Fund, separates the issuance and collection of registration and renewal fees for recreational vessels from the quagga and zebra mussel infestation and prevention fee, and makes other technical changes.

Senate Floor Amendments of 9/8/23 separate the issuance and collection of the registration and renewal fees for recreational vessels from the quagga and zebra mussel infestation and prevention fee.

ANALYSIS:

Existing law:

1. Establishes State Parks within the California Natural Resources Agency (CNRA). Vests State Parks with control of the state park system. State Parks is responsible for administering, protecting, developing, and interpreting the state park system for the use and enjoyment of the public, protecting this system from damage, and preserving the peace. Public Resources Code (PRC) §§501, 5001, 5003, and 5008.
2. Authorizes State Parks (or the State Parks director) to enter into a variety of agreements, contracts, and concessions for multiple purposes, including:
   1. An agreement with specified nonprofit cooperating associations, whereby the cooperating association would furnish educational and interpretive materials, services, or both, for sale to the public to further the interpretive and educational functions at state parks. PRC §513.
   2. An agreement to accept funds or services from specified entities for specified purposes, including educational, interpretive, recreational, or visitor services in state parks, as specified. PRC §5009.1.
   3. A contract with specified entities for the construction, maintenance, and operation of concessions within units of the state park system. PRC §5080.03.
   4. A contract for a concession if the concession is desired for interpretive purposes in a state park and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes, as specified. PRC §5080.16.
   5. An operating agreement, through January 1, 2025, with a qualified nonprofit organization, subject to specified conditions, for multiple purposes, including the administration or operation of state park units, as specified. PRC §5080.42.
3. Requires the State Parks director to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. PRC §5090.75.
4. Creates a “Golden Bear Pass” for specified populations that is valid for the specified year and entitles the bearer and spouse to free use of the day-use facilities in units of the state park system on any day, as specified. PRC §5011.
5. Creates the Recreational Trails Fund. Moneys in the Recreational Trails Fund are available, upon appropriation by the Legislature, to State Parks for competitive grants to cities, counties, districts, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop recreational trails. PRC §5072.8.
6. Requires the owner of a vessel, as described, to register the vessel in accordance with specified requirements. Vehicle Code §§9850 et seq.
7. Establishes a registration fee and a renewal fee for vessels, and imposes an additional fee, known as the quagga and zebra mussel infestation prevention fee, in specified amounts, as determined by the Division of Boating and Waterways in State Parks, on a vessel required to pay the registration fee or renewal fee. Vehicle Code §9853 and §9860.

This bill authorizes State Parks to enter into community access agreements, add Native American tribes, as specified, as entities eligible for competitive grants from the Recreational Trails Fund, separates the issuance and collection of registration and renewal fees for recreational vessels from the quagga and zebra mussel infestation and prevention fee, and makes other technical changes. Specifically, this bill:

1. Authorizes State Parks, through January 1, 2029, and contingent upon the availability of State Parks’ resources, to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved park users to further its mission to expand access to state parks and outdoor recreation to all.
2. Provides that an eligible entity that enters into a community access agreement shall deliver interpretive services and visitor services to underserved park users, as specified.
3. Authorizes State Parks, at its discretion, to provide department personnel services and space, if available, for an eligible entity’s outdoor equipment, services, or both.
4. Provides that a community access agreement may include free or reduced-cost access for the eligible entity and participating members of the public, as specified.
5. Requires all moneys collected or received by an eligible entity pursuant to a community access agreement to be retained by or returned to the eligible entity.
6. Provides that a community access agreement shall be a pilot project. The term shall not exceed five years or January 1, 2029, whichever occurs first.
7. Directs State Parks to report to the Legislature on the community access agreements on or before December 31, 2028. The report must include specified information, including a list of state park units with community access agreements and a discussion of public benefits derived from these agreements, among others.
8. Defines terms, including “community access agreement,” “eligible entity, “interpretive services, “underserved park users,” and “visitor services.”
9. Expands entities eligible to receive competitive grants from the Recreational Trails Fund to include federally recognized California Native American tribes and nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission.
10. Requires State Parks, before dispersing a grant pursuant from the Recreation Trails Fund on or after January 1, 2024, to have a mechanism in place to recover a grant spent outside the terms of the recipient’s grant agreement.
11. Separates the issuance and collection of the registration and renewal fees for recreational vessels from the Quagga and Zebra Mussel Infestation Prevention Fee.
12. Provides that failure to pay the Quagga and Zebra Mussel Infestation Prevention Fee does not prohibit the Department of Motor Vehicles from issuing registration for a vessel.
13. Provides that a vessel operator may be issued a citation for operating the vessel in nonmarine waters without a valid state-issued Quagga and Zebra Mussel Infestation Prevention Fee sticker, as provided.
14. Makes other technical, conforming, and non-substantive changes.
15. Provides that no reimbursement is required by this bill, as specified.

Comments

Seems familiar? AB 2975 (Committee on Water, Parks, and Wildlife, 2022) was substantially similar to the community access agreement provisions of this bill. The bill was ultimately held in the Senate Appropriations Committee on the suspense file. There are three minor changes related to the community access agreement provisions of this bill compared to last year’s bill. In particular, AB 1150:

• Eliminates the list of examples of types of activities and programs from the visitor services definition.
• Makes State Parks’ authority to enter into community access agreements contingent upon the availability of its resources.
• Extends the dates by one year.

Community Access Agreements. Typically, community-based nonprofit organizations seeking to provide programming on State Parks’ property must apply for a Special Event permit, which allows for a one-time event. Utilizing this existing mechanism imposes administrative costs on both State Parks and community partners and limits the frequency of activities, which, in turn, can limit the impact of programs. For example, according to the author, in the summer, a permit for a four-hour beach event for a group of 12 youth can run as high as $240, with events restricted to weekdays and a maximum frequency of three times per month.

This bill seeks to address this by authorizing a new type of agreement, a community access agreement, to specifically allow eligible entities to provide interpretative and visitor services for underserved park users. This bill will pilot this new approach and includes a requirement for a report to the Legislature at the end of the pilot to allow for an assessment of the outcomes.

Golden Bear Pass technical change. The Golden Bear Pass program offers a reduced fee State Park System pass to eligible recipients. This bill corrects a reference to one of these eligible recipient groups. In particular, it removes the reference to Aid to Families with Dependent Children (AFDC) and replaces it with the California Work Opportunities and Responsibility for Kids (CalWORKs) program, which is California’s Temporary Assistance to Needy Families (TANF) program.

Recreational Trails Program. This program (RTP), administered by State Parks’ Office of Grants and Local Services, offers competitive grants to local governments, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop non-motorized recreational trails and trails-related facilities. Existing state law does not explicitly identify Native American tribes as eligible for state-administered RTP funding. However, Native American tribes are eligible for federally-administered RTP funds. This bill ensures that state-administered RTP funding has the same funding eligibility as federally-administered funds by including Native American tribes, as specified, as eligible grant recipients.

Quagga and zebra mussel infestation and prevention fee. In response to AB 2443 (Williams, Chapter 485, Statutes of 2012), the DMV began collecting a Quagga and Zebra Mussel Infestation Prevention Fee during the recreational vessel registration process. This fee provides funding for quagga and zebra infestation prevention, education efforts through grant funding, and supplementary funding for Department of Fish and Wildlife prevention activities.

The DMV originally conditioned vessel registration upon payment of the Quagga and Zebra Mussel Infestation Prevention Fee. In 2015, the U.S. Coast Guard informed State Parks that fees, such as the Quagga and Zebra Mussel Infestation Prevention Fee, cannot be a condition of vessel registration pursuant to federal law (33 CFR §174.31), and California’s federal grant funds could be in jeopardy if not corrected. To comply with federal law, State Parks adopted regulations to decouple the recreational vessel registration free from the Quagga and Zebra Mussel Infestation Prevention Fee. However, in 2022 the U.S. Coast Guard informed State Parks that decoupling the fees must also occur statute. This bill decouples the fees.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

According to the Senate Appropriations Committee:

• State Parks estimates ongoing costs in the low hundreds of thousands of dollars annually (General Fund) until the provisions of this bill sunset on January 1, 2029. State Parks notes the actual amount would vary based on the number of community access contracts negotiated and the amount of services provided.
• Unknown, potentially significant cost pressure (General Fund) to continue the authorization of community access agreements after January 1, 2029, and to scale up the utilization of the agreements should the pilot program prove to be successful.

SUPPORT: (Verified 9/8/23)

California State Parks Foundation (co-source)

Outdoor Outreach (co-source)

Active San Gabriel Valley

Asian Pacific Islander Forward Movement

Association for Environmental and Outdoor Education

Brown Girl Surf

California Coastal Commission

California Mountain Biking Coalition

California Outdoor Recreation Partnership

California State Parks Foundation

California Trout

Chicano Indigenous Community for Culturally Conscious Advocacy and Action

Concerned Off-Road Bicyclists Association

County of Humboldt

Day One

East Bay Regional Park District

Environmental Center of San Diego

Friends of Harbors, Beaches and Parks

Friends of the River

Global Institute for Public Strategies

Groundwork San Diego-Chollas Creek

Hipcamp

Institute for Public Strategies

Kokatat, Inc.

Land Trust of Santa Cruz County

Latino Outdoors

Little Kamper, LP

Los Angeles Neighborhood Land Trust

Mono Lake Committee

Nature for All

San Diego Mountain Biking Association

San Diego River Park Foundation

The Land Trust of Santa Cruz County

Tree People

Un Mar De Colores

WILDCOAST

YES Nature to Neighborhoods

OPPOSITION: (Verified 9/8/23)

None received

ARGUMENTS IN SUPPORT: According to the author, “AB 1150 creates a permissive new tool that allows State Parks the ability to enter into community access agreements with qualified nonprofits and tribes working to provide ongoing interpretive and visitor services to underserved populations at state park properties. This bill requires State Parks to report to the Legislature on the implementation of these agreements. This pilot program would sunset on January 1, 2029, and could be utilized by organizations providing services at all State Park units.”

ASSEMBLY FLOOR: 77-0, 5/25/23

AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Aguiar-Curry, Mathis, Papan

Prepared by: Catherine Baxter / N.R. & W. / (916) 651-4116

9/11/23 12:49:59

**** END ****

 THIRD READING  

Bill No: AB 1150

Author: Committee on Water, Parks, and Wildlife

Amended: 6/26/23 in Senate

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 11-0, 6/22/23

AYES: Min, Seyarto, Allen, Dahle, Grove, Hurtado, Laird, Limón, McGuire, Padilla, Stern

SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/23

AYES: Portantino, Jones, Ashby, Bradford, Seyarto, Wahab, Wiener

ASSEMBLY FLOOR: 77-0, 5/25/23 - See last page for vote

SUBJECT: Parks and recreation: omnibus

SOURCE: California State Parks Foundation

Outdoor Outreach

DIGEST:

This bill authorizes the Department of Parks and Recreation (State Parks) to enter into community access agreements, add Native American tribes, as specified, as entities eligible for competitive grants from the Recreational Trails Fund, and make other technical changes.

ANALYSIS:

Existing law:

1. Establishes State Parks within the California Natural Resources Agency (CNRA). Vests State Parks with control of the state park system. State Parks is responsible for administering, protecting, developing, and interpreting the state park system for the use and enjoyment of the public, protecting this system from damage, and preserving the peace. Public Resources Code (PRC) §§501, 5001, 5003, and 5008.
2. Authorizes State Parks (or the State Parks director) to enter into a variety of agreements, contracts, and concessions for multiple purposes, including:
   1. An agreement with specified nonprofit cooperating associations, whereby the cooperating association would furnish educational and interpretive materials, services, or both, for sale to the public to further the interpretive and educational functions at state parks. PRC §513.
   2. An agreement to accept funds or services from specified entities for specified purposes, including educational, interpretive, recreational, or visitor services in state parks, as specified. PRC §5009.1.
   3. A contract with specified entities for the construction, maintenance, and operation of concessions within units of the state park system. PRC §5080.03.
   4. A contract for a concession if the concession is desired for interpretive purposes in a state park and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes, as specified. PRC §5080.16.
   5. An operating agreement, through January 1, 2025, with a qualified nonprofit organization, subject to specified conditions, for multiple purposes, including the administration or operation of state park units, as specified. PRC §5080.42.
3. Requires the State Parks director to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. PRC §5090.75.
4. Creates a “Golden Bear Pass” for specified populations that is valid for the specified year and entitles the bearer and spouse to free use of the day-use facilities in units of the state park system on any day, as specified. PRC §5011.
5. Creates the Recreational Trails Fund. Moneys in the Recreational Trails Fund are available, upon appropriation by the Legislature, to State Parks for competitive grants to cities, counties, districts, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop recreational trails. PRC §5072.8.

This bill authorizes State Parks to enter into community access agreements, add Native American tribes, as specified, as entities eligible for competitive grants from the Recreational Trails Fund, and make other technical changes. Specifically, this bill:

1. Authorizes State Parks, through January 1, 2029, and contingent upon the availability of State Parks’ resources, to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved park users to further its mission to expand access to state parks and outdoor recreation to all.
2. Provides that an eligible entity that enters into a community access agreement shall deliver interpretive services and visitor services to underserved park users, as specified.
3. Authorizes State Parks, at its discretion, to provide department personnel services and space, if available, for an eligible entity’s outdoor equipment, services, or both.
4. Provides that a community access agreement may include free or reduced-cost access for the eligible entity and participating members of the public, as specified.
5. Requires all moneys collected or received by an eligible entity pursuant to a community access agreement to be retained by or returned to the eligible entity.
6. Provides that a community access agreement shall be a pilot project. The term shall not exceed five years or January 1, 2029, whichever occurs first.
7. Directs State Parks to report to the Legislature on the community access agreements on or before December 31, 2028. The report must include specified information, including a list of state park units with community access agreements and a discussion of public benefits derived from these agreements, among others.
8. Defines terms, including “community access agreement,” “eligible entity, “interpretive services, “underserved park users,” and “visitor services.”
9. Expands entities eligible to receive competitive grants from the Recreational Trails Fund to include federally recognized California Native American tribes and nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission.
10. Requires State Parks, before dispersing a grant pursuant from the Recreation Trails Fund on or after January 1, 2024, to have a mechanism in place to recover a grant spent outside the terms of the recipient’s grant agreement.
11. Makes other technical, conforming, and non-substantive changes.

Comments

Seems familiar? AB 2975 (Assembly Water, Parks, and Wildlife, 2022) was substantially similar to the community access agreement provisions of this bill. The bill was ultimately held in the Senate Appropriations Committee on the suspense file. There are three minor changes related to the community access agreement provisions of this bill compared to last year’s bill. In particular, AB 1150:

• Eliminates the list of examples of types of activities and programs from the visitor services definition.
• Makes State Parks’ authority to enter into community access agreements contingent upon the availability of its resources.
• Extends the dates by one year.

Community Access Agreements. Typically, community-based nonprofit organizations seeking to provide programming on State Parks’ property must apply for a Special Event permit, which allows for a one-time event. Utilizing this existing mechanism imposes administrative costs on both State Parks and community partners and limits the frequency of activities, which, in turn, can limit the impact of programs. For example, according to the author, in the summer, a permit for a four-hour beach event for a group of 12 youth can run as high as $240, with events restricted to weekdays and a maximum frequency of three times per month.

This bill seeks to address this by authorizing a new type of agreement, a community access agreement, to specifically allow eligible entities to provide interpretative and visitor services for underserved park users. The bill would pilot this new approach and includes a requirement for a report to the Legislature at the end of the pilot to allow for an assessment of the outcomes.

Golden Bear Pass technical change. The Golden Bear Pass program offers a reduced fee State Park System pass to eligible recipients. This bill would correct a reference to one of these eligible recipient groups. In particular, it would remove the reference to Aid to Families with Dependent Children (AFDC) and replace it with the California Work Opportunities and Responsibility for Kids (CalWORKs) program, which is California’s Temporary Assistance to Needy Families (TANF) program.

Recreational Trails Program. This program (RTP), administered by State Parks’ Office of Grants and Local Services, offers competitive grants to local governments, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop non-motorized recreational trails and trails-related facilities. Existing state law does not explicitly identify Native American tribes as eligible for state-administered RTP funding. However, Native American tribes are eligible for federally-administered RTP funds. This bill would ensure that state-administered RTP funding has the same funding eligibility as federally-administered funds by including Native American tribes, as specified, as eligible grant recipients.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: No

According to the Senate Appropriations Committee:

• State Parks estimates ongoing costs in the low hundreds of thousands of dollars annually (General Fund) until the provisions of this bill sunset on January 1, 2029. State Parks notes the actual amount would vary based on the number of community access contracts negotiated and the amount of services provided.
• Unknown, potentially significant cost pressure (General Fund) to continue the authorization of community access agreements after January 1, 2029, and to scale up the utilization of the agreements should the pilot program prove to be successful.

SUPPORT: (Verified 9/1/23)

California State Parks Foundation (co-source)

Outdoor Outreach (co-source)

Active San Gabriel Valley

Asian Pacific Islander Forward Movement

Association for Environmental and Outdoor Education

Brown Girl Surf

California Coastal Commission

California Mountain Biking Coalition

California Outdoor Recreation Partnership

California State Parks Foundation

California Trout

Chicano Indigenous Community for Culturally Conscious Advocacy and Action

Concerned Off-Road Bicyclists Association

County of Humboldt

Day One

East Bay Regional Park District

Environmental Center of San Diego

Friends of Harbors, Beaches and Parks

Friends of The River

Global Institute for Public Strategies

Groundwork San Diego-Chollas Creek

Hipcamp

Institute for Public Strategies

Kokatat, Inc.

Land Trust of Santa Cruz County

Latino Outdoors

Little Kamper, LP

Los Angeles Neighborhood Land Trust

Mono Lake Committee

Nature for All

San Diego Mountain Biking Association

San Diego River Park Foundation

The Land Trust of Santa Cruz County

Tree People

Un Mar De Colores

WILDCOAST

YES Nature to Neighborhoods

OPPOSITION: (Verified 9/1/23)

None received

ARGUMENTS IN SUPPORT: According to the author, “AB 1150 creates a permissive new tool that allows State Parks the ability to enter into community access agreements with qualified nonprofits and tribes working to provide ongoing interpretive and visitor services to underserved populations at state park properties. This bill requires State Parks to report to the Legislature on the implementation of these agreements. This pilot program would sunset on January 1, 2029, and could be utilized by organizations providing services at all State Park units.”

ASSEMBLY FLOOR: 77-0, 5/25/23

AYES: Addis, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Aguiar-Curry, Mathis, Papan

Prepared by: Catherine Baxter / N.R. & W. / (916) 651-4116

9/2/23 14:07:34

**** END ****

SENATE COMMITTEE ON

Senator Anthony Portantino, Chair

2023 - 2024 Regular Session

AB 1150 (Committee on Water, Parks, and Wildlife) - Parks and recreation: omnibus

Bill Summary:

This bill would authorize California State Parks (State Parks) to enter into community access agreements, add Native American tribes as entities eligible for competitive grants from the Recreational Trails Fund, and make other technical changes.

Fiscal Impact:

• State Parks estimates ongoing costs in the low hundreds of thousands of dollars annually (General Fund) until the provisions of this bill sunset on January 1, 2029. State Parks notes the actual amount would vary based on the number of community access contracts negotiated and the amount of services provided.
• Unknown, potentially significant cost pressure (General Fund) to continue the authorization of community access agreements after January 1, 2029, and to scale up the utilization of the agreements should the pilot program prove to be successful.

Background:

Numerous efforts have been made in recent years to increase access t parks and open spaces. Many of these efforts rely on grants to nonprofit organizations and other qualified entities that offer outdoor experiences to underserved populations. For example, the Outdoor Equity Grants Program at State Parks, established via AB 209 (Limón, Chapter 675, Statutes of 2019), seeks to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. On May 27, 2022, State Parks announced $57 million in grant awards under this program after receiving $167.78 million in requests.

The State Parks’ Statewide Park Development and Community Revitalization Program has provided $1.16 billion to California’s communities in four grant rounds to create new parks and new recreation opportunities in underserved communities. In addition, the Youth Community Access Program at the CNRA, which receives funding from Proposition 64, provides grants to expand access to parks, nature, and places of cultural and historic significance for youth in underserved communities.

Existing law also offers multiple parks pass programs to promote and expand equitable, safe, and reliable outdoor access, including:

• The California State Parks Adventure Pass Program, which offers free passes to fourth graders and their families to selected state parks.
• The State Library Parks Pass Program, which provided 5,000 state park passes to nearly 1,200 library branch locations throughout the state to make available for check out by library patrons.
• The Golden Bear Pass Program, which is a discount program that makes it easier for families who receive CalWORKs to receive a free annual, vehicle day-use pass valid at over 200 state parks.

Outdoors for All Initiative. In May 2023, CNRA released its draft outdoors for all strategy – Outdoors for All: Providing Equitable Access to Parks and Nature – for public comment. The initiative seeks to expand parks in communities with little outdoor space, support programs to connect people who lack access, foster a sense of belonging for all Californians in the outdoors, and much more. The draft strategy reports progress on equitable outdoor access to date, highlights work underway, and identifies additional actions needed.

Proposed Law:

This bill would authorize State Parks to enter into community access agreements, add Native American tribes as entities eligible for competitive grants from the Recreational Trails Fund, and make other technical changes. Specifically, this bill would:

1. Authorize State Parks, through January 1, 2029, and contingent upon the availability of State Parks’ resources, to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved park users to further its mission to expand access to state parks and outdoor recreation to all.
2. Provide that an eligible entity that enters into a community access agreement shall deliver interpretive services and visitor services to underserved park users, as specified.
3. Authorize State Parks, at its discretion, to provide department personnel services and space, if available, for an eligible entity’s outdoor equipment, services, or both.
4. Provide that a community access agreement may include free or reduced-cost access for the eligible entity and participating members of the public, as specified.
5. Require all moneys collected or received by an eligible entity pursuant to a community access agreement to be retained by or returned to the eligible entity.
6. Provide that a community access agreement shall be a pilot project. The term shall not exceed five years or January 1, 2029, whichever occurs first.
7. Direct State Parks to report to the Legislature on the community access agreements on or before December 31, 2028. The report must include specified information, including a list of state park units with community access agreements and a discussion of public benefits derived from these agreements, among others.
8. Define terms, including “community access agreement,” “eligible entity, “interpretive services, “underserved park users,” and “visitor services.”
9. Expand entities eligible to receive competitive grants from the Recreational Trails Fund to include federally recognized California Native American tribes and nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission.
10. Require State Parks, before disbursing a grant on or after January 1, 2024, to have a mechanism in place to recover a grant spent outside the terms of the recipient’s grant agreement.
11. Make other technical and non-substantive changes.

Related Legislation:

AB 2975 (Assembly Water, Parks, and Wildlife, 2022) would have authorized State Parks, through January 1, 2028, to enter into community access agreements with eligible entities to provide interpretive and visitor services to underserved park users, as specified. This bill was held in this Committee on the Suspense File.

Staff Comments:

Community access agreements. As discussed above, the current permit process can impose administrative costs on both State Parks and community partners. Moreover, it limits the frequency of activities, which, in turn, can limit the impact of programs. This bill would authorize a new type of agreement—a community access agreement—to specifically allow eligible entities to provide interpretative and visitor services for underserved park users. The bill would pilot this new approach, and would include a requirement for a report to the Legislature at the end of the pilot to allow for an assessment of the outcomes.

Golden Bear Pass. The Golden Bear Pass program offers a reduced fee State Park System pass to eligible recipients. This bill would correct a reference to one of these eligible recipient groups. In particular, it would remove the reference to Aid to Families with Dependent Children (AFDC) and replace it with the California Work Opportunities and Responsibility for Kids (CalWORKs) program, which is California’s Temporary Assistance to Needy Families (TANF) program.

Recreational Trails Program (RTP). RTP, administered by State Parks’ Office of Grants and Local Services, offers competitive grants to local governments, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop non-motorized recreational trails and trails-related facilities. Existing state law does not explicitly identify Native American tribes as eligible for state-administered RTP funding. However, Native American tribes are eligible for federally-administered RTP funds. This bill would ensure that state-administered RTP funding has the same funding eligibility as federally-administered funds by including Native American tribes, as specified, as eligible grant recipients.

Recent funding for increased access to nature. As part of the 2021-22 budget, the Legislature appropriated significant funding to promote outdoor access, including:

• $43.1 million for the Outdoor Equity Grants program to enable underserved and at-risk populations to participate in outdoor environmental education experiences at state parks.
• $180 million for the Statewide Park Development and Community Revitalization Program to fund new parks, the beautification of existing parks, and recreation opportunities in underserved communities.
• $14 million for the Explore the Coast Grant Program to expand coastal access programming statewide.
• $10 million for the Whale Tail Program to connect the public with the California coast and its watersheds through outdoor experiences, education, and stewardship.

The 2022-23 budget also included $328 million from the General Fund on a one-time basis over multiple years for programs that improve park access, including:

• $225 million over four years ($75 million in 2022-23, $56 million in 2023-24, $69 million in 2024-25, and $25 million in 2025-26) for the Statewide Parks Program, which is an existing competitive grant program focused on creating new local parks and improving existing local parks in the state’s most disadvantaged communities.
• $25 million annually for three years for the Outdoor Equity Grants Program authorized by Chapter 675 of 2019 (AB 209, Limón). This program, which also received one-time funding in 2020-21, provides grants to local public entities and nonprofit organizations to provide outdoor educational experiences to underserved and at-risk youth.
• $15 million to support Parks’ K-12 and Interpretive Enrichment Program, including paying for buses for field trips to parks, as well as technology and curriculum updates.
• $13.5 million for the State Parks Pass Program, which provides state park passes that can be checked out at libraries.

-- END --

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Dave Min, Chair

2023 - 2024 Regular

Bill No: AB 1150 Hearing Date: June 22, 2023

Subject: Parks and recreation: omnibus

BACKGROUND AND EXISTING LAW

Existing law:

1. Establishes the Department of Parks and Recreation (State Parks) within the California Natural Resources Agency (CNRA). Vests State Parks with control of the state park system. State Parks is responsible for administering, protecting, developing, and interpreting the state park system for the use and enjoyment of the public, protecting this system from damage, and preserving the peace. Public Resources Code (PRC) §§501, 5001, 5003, and 5008.
2. Authorizes State Parks (or the State Parks director) to enter into a variety of agreements, contracts, and concessions for multiple purposes, including:
   1. An agreement with specified nonprofit cooperating associations, whereby the cooperating association would furnish educational and interpretive materials, services, or both, for sale to the public to further the interpretive and educational functions at state parks. PRC §513.
   2. An agreement to accept funds or services from specified entities for specified purposes, including educational, interpretive, recreational, or visitor services in state parks, as specified. PRC §5009.1.
   3. A contract with specified entities for the construction, maintenance, and operation of concessions within units of the state park system. PRC §5080.03.
   4. A contract for a concession if the concession is desired for interpretive purposes in a state park and the prospective concessionaire possesses special knowledge, experience, skills, or ability appropriate to the particular interpretive purposes, as specified. PRC §5080.16.
   5. An operating agreement, through January 1, 2025, with a qualified nonprofit organization, subject to specified conditions, for multiple purposes, including the administration or operation of state park units, as specified. PRC §5080.42.
3. Requires the State Parks director to establish the Outdoor Equity Grants Program to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. PRC §5090.75.
4. Creates a “Golden Bear Pass” for specified populations that is valid for the specified year and entitles the bearer and spouse to free use of the day-use facilities in units of the state park system on any day, as specified. PRC §5011.
5. Creates the Recreational Trails Fund. Moneys in the Recreational Trails Fund are available, upon appropriation by the Legislature, to State Parks for competitive grants to cities, counties, districts, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop recreational trails. PRC §5072.8.

Background

State Parks. State Parks’ mission is to provide for the health, inspiration, and education of the people of California by helping to preserve the state's extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation. With 280 state park units, covering over 1.3 million acres, over 340 miles of coastline, 970 miles of lake and river frontage, 15,000 campsites, 5,200 miles of trails, 3,195 historic buildings, and more than 11,000 known prehistoric and historic archaeological sites, State Parks contains the largest and most diverse recreational, natural, and cultural heritage holdings of any state agency in the nation. More than 68 million people annually visit California’s state park system.

Recent access initiatives. Numerous efforts have been made in recent years to increase access to parks and open spaces. Many of these efforts rely on grants to nonprofit organizations and other qualified entities that offer outdoor experiences to underserved populations. For example, the Outdoor Equity Grants Program at State Parks, established via AB 209 (Limón, Chapter 675, Statutes of 2019), seeks to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. On May 27, 2022, State Parks announced $57 million in grant awards under this program after receiving $167.78 million in requests.

The State Parks’ Statewide Park Development and Community Revitalization Program has provided $1.16 billion to California’s communities in four grant rounds to create new parks and new recreation opportunities in underserved communities. In addition, the Youth Community Access Program at the CNRA, which receives funding from Proposition 64, provides grants to expand access to parks, nature, and places of cultural and historic significance for youth in underserved communities.

Existing law also offers multiple parks pass programs to promote and expand equitable, safe, and reliable outdoor access, including:

• The California State Parks Adventure Pass Program, which offers free passes to fourth graders and their families to selected state parks.
• The State Library Parks Pass Program, which provided 5,000 state park passes to nearly 1,200 library branch locations throughout the state to make available for check out by library patrons.
• The Golden Bear Pass Program, which is a discount program that makes it easier for families who receive CalWORKs to receive a free annual, vehicle day-use pass valid at over 200 state parks.

Outdoors for All Initiative. In May 2023, CNRA released its draft outdoors for all strategy – Outdoors for All: Providing Equitable Access to Parks and Nature – for public comment. The initiative seeks to expand parks in communities with little outdoor space, support programs to connect people who lack access, foster a sense of belonging for all Californians in the outdoors, and much more. The draft strategy reports progress on equitable outdoor access to date, highlights work underway, and identifies additional actions needed.

One of the identified strategies is to share culturally diverse, relevant, and relatable stories of California’s peoples and history through the programming, interpretive materials, and signage offered at outdoor spaces, cultural and historic places, and museums. This includes engaging in partnerships with community members, community-based organizations, and colleges and universities to broaden the stories and histories told in outdoor spaces, cultural and historic places, and museums. This also includes expanding partnerships with and incentivizing community-based groups to provide programming and transportation to outdoor spaces for youth, families, elders and older adults, people with disabilities, and those lacking access to those resources.

PROPOSED LAW

This bill would authorize State Parks to enter into community access agreements, add Native American tribes, as specified, as entities eligible for competitive grants from the Recreational Trails Fund, and make other technical changes. Specifically, this bill would:

1. Authorize State Parks, through January 1, 2029, and contingent upon the availability of State Parks’ resources, to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved park users to further its mission to expand access to state parks and outdoor recreation to all.
2. Provide that an eligible entity that enters into a community access agreement shall deliver interpretive services and visitor services to underserved park users, as specified.
3. Authorize State Parks, at its discretion, to provide department personnel services and space, if available, for an eligible entity’s outdoor equipment, services, or both.
4. Provide that a community access agreement may include free or reduced-cost access for the eligible entity and participating members of the public, as specified.
5. Require all moneys collected or received by an eligible entity pursuant to a community access agreement to be retained by or returned to the eligible entity.
6. Provide that a community access agreement shall be a pilot project. The term shall not exceed five years or January 1, 2029, whichever occurs first.
7. Direct State Parks to report to the Legislature on the community access agreements on or before December 31, 2028. The report must include specified information, including a list of state park units with community access agreements and a discussion of public benefits derived from these agreements, among others.
8. Define terms, including “community access agreement,” “eligible entity, “interpretive services, “underserved park users,” and “visitor services.”
9. Expand entities eligible to receive competitive grants from the Recreational Trails Fund to include federally recognized California Native American tribes and nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission.
10. Make other technical and non-substantive changes.

ARGUMENTS IN SUPPORT

According to the author, “AB 1150 creates a permissive new tool that allows State Parks the ability to enter into community access agreements with qualified nonprofits and tribes working to provide ongoing interpretive and visitor services to underserved populations at state park properties. This bill requires State Parks to report to the Legislature on the implementation of these agreements. This pilot program would sunset on January 1, 2029, and could be utilized by organizations providing services at all State Park units.”

According to the California Coastal Commission, “One of the highest priorities of the California Coastal Act is public access to the coast, including coastal state parks. Non-profit organizations and Tribes play a critical role in connecting underserved populations with their coastal state parks. The Coastal Commission continually seeks to advance this work, including through our Whale Tail Grants Program, which has awarded more than $2 million this year to community organizations and Tribes that provide opportunities for underserved populations to experience and learn about the coast and ocean. However, we recognize that non-profits and Tribes face many challenges in trying to carry out their programming. Among these, the need to secure Special Event Permits from State Parks can be a financial and administrative barrier that limits how frequently these entities can operate on state park lands.

By authorizing State Parks to enter into community access agreements with non-profit organizations and Tribes that offer programming to underserved populations, AB 1150 would provide an alternative permitting process that is simpler, less expensive, and tailored to the specific interpretive or visitor-serving activities provided by the entity. The Commission particularly appreciates that community access agreements can include free or reduced cost for the non-profit or Tribe and its participants to access the park, and that revenues generated under a community access agreement are to be retained by the entity. These measures will conserve non-profits’ and Tribes’ already limited funding so that it can be continually reinvested in the activities uplifting California’s underserved populations.”

According to a coalition of supporters, “Community-based nonprofit organizations can serve as trusted bridges for people that have been systematically excluded from nature to experience the outdoors and develop meaningful connections. In addition to providing free or significantly subsidized programming to participants with low incomes, these organizations are equipped with staff that are trained in risk management and provide culturally responsive programming to address the needs of participants who face barriers to accessing parks. These programs not only provide connections and meaningful engagement but promote environmental responsibility and stewardship for future generations of park users.

The existing permitting process for nonprofits at state parks and beaches requires applying for a Special Event Permit, which is an additional barrier, especially for ongoing programs that need to be scheduled throughout the year. The existing special event permitting and fee system created to regulate one-time large-scale special events imposes unnecessary administrative costs on both State Parks and community partners and limits the frequency of these activities and the impact of programs. AB 1150 provides a more equitable framework to increase access and support organizations that serve as trusted connectors to the outdoors for communities that have historically not had access to these spaces. It would provide qualified organizations, contingent on the availability of department resources, with free or reduced-cost access to state parks and beaches through community access agreements.”

ARGUMENTS IN OPPOSITION

None received.

COMMENTS

Seems familiar? AB 2975 (Assembly Water, Parks, and Wildlife, 2022) was substantially similar to the community access agreement provisions of this bill. This Committee passed AB 2975 9-0 on June 14, 2022. The bill was ultimately held in the Senate Appropriations Committee on the suspense file. There are three minor changes related to the community access agreement provisions of this bill compared to last year’s bill. In particular, AB 1150:

• Eliminates the list of examples of types of activities and programs from the visitor services definition.
• Makes State Parks’ authority to enter into community access agreements contingent upon the availability of its resources.
• Extends the dates by one year.

Community Access Agreements. Typically, community-based nonprofit organizations seeking to provide programming on State Parks’ property must apply for a Special Event permit, which allows for a one-time event. Utilizing this existing mechanism imposes administrative costs on both State Parks and community partners and limits the frequency of activities, which, in turn, can limit the impact of programs. For example, according to the author, in the summer, a permit for a four-hour beach event for a group of 12 youth can run as high as $240, with events restricted to weekdays and a maximum frequency of three times per month.

This bill seeks to address this by authorizing a new type of agreement, a community access agreement, to specifically allow eligible entities to provide interpretative and visitor services for underserved park users. The bill would pilot this new approach and includes a requirement for a report to the Legislature at the end of the pilot to allow for an assessment of the outcomes.

Golden Bear Pass technical change. The Golden Bear Pass program offers a reduced fee State Park System pass to eligible recipients. This bill would correct a reference to one of these eligible recipient groups. In particular, it would remove the reference to Aid to Families with Dependent Children (AFDC) and replace it with the California Work Opportunities and Responsibility for Kids (CalWORKs) program, which is California’s Temporary Assistance to Needy Families (TANF) program.

Recreational Trails Program. This program (RTP), administered by State Parks’ Office of Grants and Local Services, offers competitive grants to local governments, state and federal agencies, and nonprofit organizations with management responsibilities over public lands to acquire and develop non-motorized recreational trails and trails-related facilities. Existing state law does not explicitly identify Native American tribes as eligible for state-administered RTP funding. However, Native American tribes are eligible for federally-administered RTP funds. This bill would ensure that state-administered RTP funding has the same funding eligibility as federally-administered funds by including Native American tribes, as specified, as eligible grant recipients.

Technical amendments. The Committee may wish to consider amending the bill to require State Parks to ensure it has a way to recover state funds from any grant funds spent under the Recreational Trails Program outside of the terms of the grant agreement and to make other conforming changes. See Amendments.

Previous legislation.

AB 2975 (Assembly Water, Parks, and Wildlife, 2022) would have authorized State Parks, through January 1, 2028, to enter into community access agreements with eligible entities to provide interpretive and visitor services to underserved park users, as specified. This bill was held in the Senate Appropriations Committee on the suspense file.

SUGGESTED AMENDMENTS

Amend Section 5072.8 of the Public Resources Code, as follows:

5072.8. …

(b) The Controller shall promptly transfer all money received by the state from the federal government as allocations from the National Recreational Trails Trust Fund pursuant to the Steve Symms National Recreational Trails Fund Act of 1991 (P.L. 102-240) and deposited in the Federal Trust Fund, to the Recreational Trails Fund. The money in the Recreational Trails Fund shall be available to the department for expenditure, upon appropriation by the Legislature, for grants pursuant to subdivision (a), in accordance with the Steve Symms National Recreational Trails Fund Act of 1991. Seventy percent of the money received by the state from the federal government and transferred to the Recreational Trails Fund pursuant to this subdivision shall be available only for nonmotorized recreational trails with at least one-half of that amount available only for grants to cities, counties, districts, federally recognized California Native American tribes, nonfederally recognized California Native American tribes included on the contact list maintained by the Native American Heritage Commission, and nonprofit organizations for the acquisition and development of new nonmotorized recreational trails and the reconstruction or relocation of existing nonmotorized recreational trails.

…

(f) The department, prior to dispersing any grant funds, shall ensure it has a mechanism to recover any funds spent outside the terms of the grant agreement.

SUPPORT

California State Parks Foundation (co-sponsor)

Outdoor Outreach (co-sponsor)

Active San Gabriel Valley
Asian Pacific Islander Forward Movement
Brown Girl Surf
California Coastal Commission
California Trout
East Bay Regional Park District
Environmental Center of San Diego
Friends of Harbors, Beaches and Parks
Friends of The River

Global Institute for Public Strategies
Groundwork San Diego-Chollas Creek
Institute for Public Strategies
Latino Outdoors
Los Angeles Neighborhood Land Trust
Mono Lake Committee
Nature for All
San Diego Mountain Biking Association
San Diego River Park Foundation

The Land Trust of Santa Cruz County
Tree People
Un Mar De Colores
WILDCOAST
YES Nature to Neighborhoods

OPPOSITION

None received

-- END --

ASSEMBLY THIRD READING

ATR Bill Id:AB 1150

Author:(Committee on Water, Parks, and Wildlife)

As Introduced Ver:February 16, 2023

Majority vote

SUMMARY

Authorizes the Department of Parks and Recreation (State Parks) to enter into community access agreements with certain eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved populations.

Major Provisions

1. Authorizes State Parks, contingent upon the availability of resources, to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved populations.
2. Allows State Parks to provide personnel services and space, if available, for an organization’s outdoor equipment, services, or both, within a unit or units of the state parks system.
3. Allows a community access agreement to include free or reduced-cost access to the eligible entity and members of the public participating in interpretive services and visitor services offered by the eligible entity at a unit or units of the state parks system in furtherance of the agreement.
4. Stipulates that the term of a community access agreement shall not exceed five years or the inoperative date of the provisions of this bill, whichever occurs first.
5. Sunsets the provisions of this bill on January 1, 2029.

COMMENTS

The bill defines a community access agreement to mean an agreement that allows organizations to use property within the State Parks system and State Parks’ personnel services to provide interpretive services and visitor services at units of the State Parks system to underserved populations. Currently, community-based nonprofit organizations seeking to provide programming on State Parks property must typically apply for a special event permit. This can impose administrative costs on both State Parks and community partners and limit the frequency of activities, which, in turn, can limit the impact of programs.

Numerous efforts have been made in recent years to increase access to parks and open spaces. Many of these efforts rely on grants to nonprofit organizations and other qualified entities that offer outdoor experiences to underserved populations. For example, the Outdoor Equity Grants Program at State Parks is intended to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. State Parks announced $57 million in grant funding to 125 communities in May 2022, and information on the second round of funding will be available in Spring 2023. The Youth Community Access Program at the California Natural Resources Agency (CNRA) is funded by Proposition 64 and provides grant awards to expand access to parks, nature, and places of cultural and historic significance for youth in underserved communities.

According to the Author

"[This bill] creates a permissive new tool that allows State Parks the ability to enter into community access agreements with qualified nonprofits and tribes working to provide ongoing interpretive and visitor services to underserved populations at state park properties. This pilot program would sunset on January 1, 2029, and could be utilized by organizations providing services at all State Park units."

Arguments in Support

A coalition of parks, access, and environmental organizations write in support, stating that this bill "provides a more equitable framework to increase access and support organizations that serve as trusted connectors to the outdoors for communities that have historically not had access to these spaces."

Arguments in Opposition

No opposition on file.

FISCAL COMMENTS

According to the Assembly Appropriations Committee, State Parks estimates ongoing annual costs in the low hundreds of thousands of dollars (General Fund), contingent on the number of community access agreements and resource needs, until the bill sunsets on January 1, 2029.

VOTES

ASM WATER, PARKS, AND WILDLIFE: 15-0-0

YES: Bauer-Kahan, Mathis, Alanis, Bennett, Megan Dahle, Davies, Friedman, Hart, Wood, Pellerin, Blanca Rubio, Schiavo, Villapudua, Ward, Weber

ASM APPROPRIATIONS: 15-0-1

YES: Holden, Megan Dahle, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Hart, Lowenthal, Mathis, Papan, Pellerin, Sanchez, Weber, Ortega

ABS, ABST OR NV: Robert Rivas

UPDATED

VERSION: February 16, 2023

CONSULTANT: Keith Cialino / W., P., & W. / (916) 319-2096 FN: 0000657

Date of Hearing: April 19, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 1150

Author:(Committee on Water, Parks, and Wildlife) – As Introduced Ver:February 16, 2023

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

SUMMARY:

This bill authorizes the Department of Parks and Recreation (State Parks) to enter into community access agreements with certain eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved populations.

Specifically, this bill, among other things:

1. Authorizes State Parks, contingent upon the availability of resources, to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved populations.
2. Allows State Parks to provide personnel services and space, if available, for an organization’s outdoor equipment, services, or both, within a unit or units of the state parks system.
3. Allows a community access agreement to include free or reduced-cost access to the eligible entity and members of the public participating in interpretive services and visitor services offered by the eligible entity at a unit or units of the state parks system in furtherance of the agreement.
4. Specifies that all moneys collected or received by an eligible entity from interpretive services and visitor services provided pursuant to a community access agreement at a unit or units of the state parks system shall be retained by or returned to the eligible entity.
5. Stipulates that the term of a community access agreement shall not exceed five years or the inoperative date of the provisions of this bill, whichever occurs first.
6. Requires State Parks, on or before December 31, 2028, to submit a report containing specified information to the Legislature on the implementation of this bill.
7. Sunsets the provisions of this bill on January 1, 2029.

FISCAL EFFECT:

State Parks estimates ongoing annual costs in the low hundreds of thousands of dollars (General Fund), contingent on the number of community access agreements and resource needs, until the bill sunsets on January 1, 2029.

COMMENTS:

1) Purpose. This bill seeks to give State Parks new authority to enter into agreements that allow for ongoing programming and reduce the cost for State Parks and the organizations offering those services. According to the author:

[This bill] creates a permissive new tool that allows State Parks the ability to enter into community access agreements with qualified nonprofits and tribes working to provide ongoing interpretive and visitor services to underserved populations at state park properties. This pilot program would sunset on January 1, 2029, and could be utilized by organizations providing services at all State Park units.

2) Expanding Access to State Parks. Numerous efforts have been made in recent years to increase access to parks and open spaces. State Parks’ Statewide Park Development and Community Revitalization Program has provided $1.16 billion to California’s communities to create new parks and recreation opportunities in underserved communities. According to the Legislative Analyst’s Office, budget augmentations have provide a combined total of about $1.5 billion over a five‑year period, almost all from the General Fund. Of this amount, $1.3 billion has already been appropriated (in fiscal years (FY) 2021‑22 or 2022‑23), $88 million is planned for appropriation in FY 2023‑24, and $124 million is planned for appropriation in a future year. In addition, the state has provided numerous augmentations in recent years to specific legislative‑priority park, museum, and access projects through budget control sections.

Examples of programs include the Outdoor Equity Grants Program at State Parks, which is designed to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands. The Youth Community Access Program at the California Natural Resources Agency provides grant awards to expand access to parks, nature, and places of cultural and historic significance for youth in underserved communities. The Adventure Pass is a three-year pilot program that offers free admission to 19 specific state parks for any fourth grade student and anyone accompanying them. The State Library Parks Pass provides state park passes to public libraries across the state that may be checked out by library patrons. Additionally, there are select discounted or free park admission opportunities already available for specific populations, such as certain veterans and military personnel. In response to a multibillion dollar budget problem facing the state, the Governor’s January budget for FY 2023-24 proposes several reductions to parks, museums, and access programs.

In 2015, the Parks Forward Commission, established under Governor Brown, issued a report that made a number of recommendations to modernize and improve the State Parks system by 2025. This report included recommendations for State Parks to expand park access to underserved communities and seek partnerships with organizations to help the department advance its mission.

3) Community Access Agreements. The bill defines a community access agreement to mean an agreement that allows organizations to use property within the State Parks system and State Parks’ personnel services to provide interpretive services and visitor services at units of the State Parks system to underserved populations. Currently, community-based nonprofit organizations seeking to provide programming on State Parks property must typically apply for a special event permit. This can impose administrative costs on both State Parks and community partners and limit the frequency of activities, which, in turn, can limit the impact of programs. According to a coalition of organizations in support of the bill, AB 2975 provides a more equitable framework to increase access and support organizations that serve as trusted connectors to the outdoors for communities that have historically not had access to these spaces.

4) Prior Legislation. AB 2975 (Water, Parks, and Wildlife Committee), of the 2021-22 Legislative Session, was substantially similar to this bill. AB 2975 was held on the Senate Appropriations Committee’s suspense file.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: March 28, 2023

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Rebecca Bauer-Kahan, Chair

ABPCA Bill Id:AB 1150 (

Author:Committee on Water, Parks, and Wildlife) – As Introduced Ver:February 16, 2023

SUBJECT: Department of Parks and Recreation: community access agreements: interpretive services and visitor services

SUMMARY: Authorizes the Department of Parks and Recreation (State Parks) to enter into community access agreements with certain eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved populations. Specifically, this bill:

1. Authorizes State Parks, contingent upon the availability of its resources, to enter into community access agreements with eligible entities to provide interpretive services and visitor services at units of the state parks system to underserved populations.
2. Defines eligible entity as: a qualified nonprofit public benefit corporation; a federally recognized Native American tribe; or a California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
3. Allows State Parks to provide personnel services and space, if available, for an organization’s outdoor equipment, services, or both, within a unit or units of the state park system.
4. Allows a community access agreement to include free or reduced-cost access to the eligible entity and members of the public participating in interpretive services and visitor services offered by the eligible entity at a unit or units of the state park system in furtherance of the agreement.
5. Specifies that all moneys collected or received by an eligible entity from interpretive services and visitor services provided pursuant to a community access agreement at a unit or units of the state park system shall be retained by or returned to the eligible entity.
6. Stipulates that the term of a community access agreement shall not exceed five years or the inoperative date of the provisions of this bill, whichever occurs first.
7. Requires State Parks to submit a report to the Legislature on the implementation of this bill on or before December 31, 2028, containing all of the following information:
   1. A list of units of the state park system with community access agreements;
   2. A discussion of public benefits derived from community access agreements;
   3. An accounting of the revenues and expenditures incurred pursuant to each community access agreement;
   4. An assessment of the benefit to the state from community access agreements; and
   5. Any other relevant information or data collected during the operation of community access agreements.
8. Defines, for purposes of this bill, the following terms: “community access agreement,” “interpretive services,” and “visitor services.”
9. Sunsets the provisions of this bill on January 1, 2029.

EXISTING LAW:

1. Authorizes State Parks to enter into various agreements, including agreements with private, nonprofit public benefit corporations or other private entities, as may be appropriate, to assist State Parks in its efforts to secure long-term private funding sources for any and all units of the state park system and to ensure that they are preserved and open for public use and enjoyment. Provides that the authority to enter into those agreements shall include, but not be limited to, securing donations, memberships, corporate and individual sponsorships, and marketing and licensing agreements [Public Resources Code (PRC) § 5009.3; § 5080.44].
2. Authorizes State Parks, as a means of furthering the interpretive and educational functions of the state park system, to enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the Director of State Parks may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public (PRC § 513).

FISCAL EFFECT: Unknown. This bill is keyed fiscal.

COMMENTS:

1. Purpose of this bill. This bill seeks to give State Parks new authority to enter into agreements that allow for ongoing programming and reduce the cost of doing so for State Parks and the organizations offering those services. According to the author, “[this bill] creates a permissive new tool that allows State Parks the ability to enter into community access agreements with qualified nonprofits and tribes working to provide ongoing interpretive and visitor services to underserved populations at state park properties. This pilot program would sunset on January 1, 2029, and could be utilized by organizations providing services at all State Park units.”
2. Background. Access to parks and open/green spaces provides numerous benefits to the community, environment, and economy. The American Public Health Association’s policy statement on Improving Health and Wellness through Access to Nature states: “People of all ages and abilities enjoy higher levels of health and well-being when they have nature nearby in parks, gardens, greenways, naturalized schoolyards and playgrounds, and natural landscaping around homes and workplaces. Access to nature has been related to lower levels of mortality and illness, higher levels of outdoor physical activity, restoration from stress, a greater sense of well-being, and greater social capital.”^[1]
   
   Inequitable access to parks. Historical and continuing inequities, lack of access to transportation, lack of safety, and physical condition/maintenance of spaces are just some of the barriers to parks and open space access. “Access” embodies both physical (e.g., distance to a park) and social (e.g., safety) aspects and varies widely throughout California. The Trust for Public Land’s (TPL) 2022 ParkScore index found that one in three Americans do not live within a 10 minute walk to a quality park. According to TPL, two California cities rank among the top 10 in the nation with parks access (San Francisco #7 and Irvine #8] while California cities like Riverside, Stockton, Los Angeles, Chula Vista, Bakersfield, Santa Ana, and Fresno rank among the bottom quarter for parks access of the 100 most populated cities in the United States.^[2]
   
   According to The Nature Gap: Confronting Racial and Economic Disparities in the Destruction and Protection of Nature in America, a 2020 Hispanic Access Foundation and Center for American Progress report, 55 percent of Hispanic or Latino populations in California lack access to open space, and significantly fewer acres of green space are present in many Black, Hispanic, and Latino neighborhoods when compared to predominantly white neighborhoods.^[3] The COVID-19 pandemic also appears to have exacerbated existing inequities in access to parks and open spaces with lower income and underserved communities experiencing an even greater lack of access.
   
   Recent access initiatives. Numerous efforts have been made in recent years to increase access to parks and open spaces. Many of these efforts rely on grants to nonprofit organizations and other qualified entities that offer outdoor experiences to underserved populations. For example, the Outdoor Equity Grants Program at State Parks is intended to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place. State Parks announced $57 million in grant funding to 125 communities in May 2022, and information on the second round of funding will be available in Spring 2023.^[4] The Youth Community Access Program at the California Natural Resources Agency (CNRA) is funded by Proposition 64 and provides grant awards to expand access to parks, nature, and places of cultural and historic significance for youth in underserved communities.^[5]
   
   Parks Forward report. In 2015, the Parks Forward Commission, established under Governor Brown, issued a report that made a number of recommendations to modernize and improve the state park system by 2025.^[6] This included recommendations to expand park access to underserved communities and seek partnerships with organizations to help State Parks advance its mission.
   
   The report stated that State Parks should implement a sustainable structure for working closely with a broad spectrum of partners, not only within the state park system, but across the landscape of local, state, tribal, and federal parks and protected lands. Some of the recommendations around partnerships included:

• Improving the organizational structure and capacity within State Parks to work closely with public agencies, California Indian tribes, nonprofit organizations, businesses, volunteers, civic leaders, and other partners and provide the resources necessary to facilitate, develop, and manage partnerships;
• Create incentives to reward innovation and partnerships, and provide flexibility and support to encourage State Parks to work effectively with partners; and
• Enhance State Parks’ ability to accept services, temporary staffing, resources, and projects developed by partners

Current permit process. Currently, community-based nonprofit organizations seeking to provide programming on State Parks property must typically apply for a Special Event permit. Utilizing this existing mechanism imposes administrative costs on both State Parks and community partners and often limits the frequency of activities, which, in turn, can limit the impact of programs.

1. Arguments in support. A coalition of parks, access, and environmental organizations write in support, stating that this bill “provides a more equitable framework to increase access and support organizations that serve as trusted connectors to the outdoors for communities that have historically not had access to these spaces.”
2. Related legislation. AB 2975 (Water, Parks, and Wildlife Committee), 2021-22 Session, was substantially similar to this bill. AB 2975 was held in the Senate Appropriations Committee.
   
   AB 209 (Limon), Chapter 675, Statutes of 2019, creates the Outdoor Equity Grant Program, which focuses on outdoor access programs at state parks and other public lands for underserved and at-risk youth.
   
   AB 556 (Carrillo), 2019-20 Session, would have required the CNRA to develop and implement a community access program and authorized the CNRA to develop a transportation-based grant program. AB 556 was vetoed by the Governor.
   
   AB 2614 (Carrillo), 2017-18 Session, would have required the CNRA to implement a program to increase participation in outdoor recreational activities, especially for people living in disadvantaged communities. AB 2614 was vetoed by the Governor.
   
   SB 204 (Pavley), Chapter 573, Statutes of 2015, among other provisions, authorizes State Parks to accept donations from public or private sources to fund programs to benefit youth, and to enter into cooperative agreements with public or nonprofit organizations to provide service and learning opportunities for youth.
   
   AB 2150 (Rendon), 2013-14 Session, among other provisions, proposed to create a new division of Community Initiatives and Park Access within State Parks, and called for the development of a strategic action plan for improving park access and relevancy for underserved populations. AB 2150 was vetoed by the Governor.
   
   AB 988 (Mark Stone), 2015-16 Session, would have created the Outdoor Environmental Education and Recreation Grants Program at State Parks to increase the ability of underserved and at-risk populations to participate in outdoor recreation and educational experiences. AB 988 was held in the Senate Appropriations Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

California State Parks Foundation (Co-Sponsor)
Outdoor Outreach (Co-Sponsor)
Active San Gabriel Valley
Asian Pacific Islander Forward Movement
Brown Girl Surf
California Trout
Environmental Center of San Diego
Friends of Harbors, Beaches and Parks
Friends of The River
Groundwork San Diego Chollas Creek
Individuals (432)
Institute for Public Strategies
Latino Outdoors
Los Angeles Neighborhood Land Trust
Mono Lake Committee
Nature for All
San Diego Mountain Biking Association
San Diego River Park Foundation
Tree People
Un Mar De Colores
Wildcoast
Yes Nature to Neighborhoods

Opposition

None on file

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

1. https://www.apha.org/policies-and-advocacy/public-health-policy-statements/policy-database/2014/07/08/09/18/improving-health-and-wellness-through-access-to-nature ↑

2. https://www.tpl.org/parkscore ↑

3. https://hispanicaccess.org/news-resources/research-library/item/978-the-nature-gap-confronting-racial-and-economic-disparities-in-the-destruction-and-protection-of-nature-in-america ↑

4. See https://www.parks.ca.gov/?page_id=30443 for more information. ↑

5. See https://resources.ca.gov/grants/youth for more information. ↑

6. A New Vision for California State Parks – Recommendations of the Parks Forward Initiative. February 2015. Accessed at http://parksforward.com/site/uploads/PFI%20Recommendations_Final_012915%20(00278207xA1C15)%20(1).pdf ↑