AB 2939: Parks: counties and cities: interpretive services.
- Session Year: 2023-2024
- House: Assembly
- Latest Version Date: 2024-09-22
Current Status:
Passed
(2024-09-22: Chaptered by Secretary of State - Chapter 423, Statutes of 2024.)
Introduced
In Committee
First Chamber
In Committee
Second Chamber
Enacted
Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined.
This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, except as provided, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined.
This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, except as provided, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined.
This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, except as provided, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law authorizes the Department of Parks and Recreation, as a means of furthering its mission to expand access to state parks and outdoor recreation to all, and contingent upon the availability of its resources, to enter into community access agreements, as defined, with eligible entities, as defined, to provide interpretive services and visitor services, as defined, at units of the state parks system to underserved park users, as defined.
This bill would require that use of local parks, as defined, by eligible entities, as defined, to provide interpretative services, as defined, to 30 or fewer participating park visitors at a time be considered an allowable public use of the local park, and would require cities, counties, and cities and counties to treat this use of the local park in the same manner as general public use of the local park, provided that no benefit is conferred by cities, counties, or cities and counties on eligible entities that is not conferred on the general public. To the extent that this bill would impose new duties on cities, counties, and cities and counties, the bill would impose a state-mandated local program.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
For purposes of this article, the following definitions apply:
(a)Eligible entity means any of the following:
(1)A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code with the mission of increasing equity in outdoor access.
(2)A federally recognized Native American tribe.
(3)A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(b)Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.
(c)Local entity means a city, county, or city and county that owns, maintains, or operates a local park.
(d)Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.
5386.(a)Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.
(b)Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:
(1)The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a).
(2)The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a).
(3)The requirements are necessary to address the local entitys liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a).
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.The Legislature finds and declares that ensuring equitable access to parks and other outdoor spaces for all communities is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code applies to all cities, including charter cities.
For purposes of this article, the following definitions apply:
(a)Eligible entity means any of the following:
(1)A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code with the mission of increasing equity in outdoor access.
(2)A federally recognized Native American tribe.
(3)A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(b)Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.
(c)Local entity means a city, county, or city and county that owns, maintains, or operates a local park.
(d)Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.
5386.(a)Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.
(b)Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:
(1)The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a).
(2)The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a).
(3)The requirements are necessary to address the local entitys liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a).
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.The Legislature finds and declares that ensuring equitable access to parks and other outdoor spaces for all communities is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code applies to all cities, including charter cities.
For purposes of this article, the following definitions apply:
(a)Eligible entity means any of the following:
(1)A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code. Code with the mission of increasing equity in outdoor access.
(2)A federally recognized Native American tribe.
(3)A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(b)Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.
(c)Local entity means a city, county, or city and county that owns, maintains, or operates a local park.
(d)Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.
5386.(a)Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.
(b)Notwithstanding subdivision (a), a local entity may adopt requirements that apply to an eligible entity that meets the requirements of subdivision (a) if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:
(1)The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity that meets the requirements of subdivision (a).
(2)The requirements will further access to a local park by an eligible entity that meets the requirements of subdivision (a).
(3)The requirements are necessary to address the local entitys liability related to a visit to a local park by an eligible entity that meets the requirements of subdivision (a).
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.The Legislature finds and declares that Section 1 of this act, adding Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code, addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.SEC. 3.The Legislature finds and declares that ensuring equitable access to parks and other outdoor spaces for all communities is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act adding Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code applies to all cities, including charter cities.
For purposes of this article, the following definitions apply:
(a)Eligible entity means any of the following:
(1)A qualified nonprofit public benefit corporation organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.
(2)A federally recognized Native American tribe.
(3)A California Native American tribe listed on the California Tribal Consultation List maintained by the Native American Heritage Commission.
(b)Interpretive services means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.
(c)Local entity means a city, county, or city and county that owns, maintains, or operates a local park.
(d)Local park means a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.
5386.Use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once shall be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.
SEC. 2.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 3.The Legislature finds and declares that Section 1 of this act, adding Article 8 (commencing with Section 5385) to Chapter 2 of Division 5 of the Public Resources Code, addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Section 1 of this act applies to all cities, including charter cities.
|
Date
|
Status
|
|---|---|
| Sep 22, 2024 | Chaptered by Secretary of State - Chapter 423, Statutes of 2024. |
| Sep 22, 2024 | Approved by the Governor. |
| Aug 28, 2024 | Enrolled and presented to the Governor at 4 p.m. |
| Aug 22, 2024 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 62. Noes 0. Page 6438.). |
| Aug 12, 2024 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 14 pursuant to Assembly Rule 77. |
| Aug 12, 2024 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5045.). |
| Aug 6, 2024 | Read second time. Ordered to Consent Calendar. |
| Aug 5, 2024 | From committee: Be ordered to second reading file pursuant to Senate Rule 28.8 and ordered to Consent Calendar. |
| Jun 26, 2024 | From committee: Do pass and re-refer to Com. on APPR with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (June 25). Re-referred to Com. on APPR. |
| Jun 11, 2024 | From committee: Do pass and re-refer to Com. on N.R. & W. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 11). Re-referred to Com. on N.R. & W. |
| Jun 5, 2024 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on L. GOV. |
| May 29, 2024 | Referred to Coms. on L. GOV. and N.R. & W. |
| May 16, 2024 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 16, 2024 | Read third time. Passed. Ordered to the Senate. (Ayes 71. Noes 0.) |
| May 9, 2024 | Read second time. Ordered to Consent Calendar. |
| May 8, 2024 | From committee: Do pass. To Consent Calendar. (Ayes 15. Noes 0.) (May 8). |
| Apr 25, 2024 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 8. Noes 0.) (April 24). Re-referred to Com. on APPR. |
| Mar 21, 2024 | Referred to Com. on L. GOV. |
| Feb 16, 2024 | From printer. May be heard in committee March 17. |
| Feb 15, 2024 | Read first time. To print. |
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Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 22, 2024 | AB 2939 Rendon Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 12, 2024 | Consent Calendar 2nd AB2939 Rendon | Senate Floor |
Passed |
|
| Jun 25, 2024 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| Jun 11, 2024 | Do pass, but first be re-referred to the Committee on [Natural Resources and Water] with the recommendation: To Consent Calendar | Senate Standing Committee on Local Government |
Passed |
|
| May 16, 2024 | AB 2939 Rendon Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| May 8, 2024 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 24, 2024 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Local Government |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Azul | ** Support | |
| Black Surfers | ** Support | |
| Black.surfers | ** Support | |
| California Coastal Commission | ** Support | |
| California Coastal Protection Network | ** Support | |
| California Mountain Biking Coalition | ** Support | |
| California Outdoor Recreation Partnership | ** Support | |
| Camp Ocean Pines | ** Support | |
| Camp Ocean Pines, INC | ** Support | |
| Casa De Amistad | ** Support | |
| Center For Biological Diversity | ** Support | |
| Central Coast State Parks Association | ** Support | |
| City Surf Project | ** Support | |
| County of Los Angeles Board of Supervisors | ** Support | |
| Crystal Cove Alliance | ** Support | |
| Crystal Cove Conservancy | ** Support | |
| Earthroots Field School | ** Support | |
| Environmental Action Committee of West Marin | ** Support | |
| Environmental Protection Information Center | ** Support | |
| Environmental Traveling Companions | ** Support | |
| Exploring New Horizons Outdoor Schools | ** Support | |
| Friends of Friendship Park | ** Support | |
| Groundswell Community Project | ** Support | |
| HipCamp | ** Support | |
| Institute for Public Strategies | ** Support | |
| Intersectional Environmentalist | ** Support | |
| Jewish Family Service of San Diego | ** Support | |
| Justice Outside | ** Support | |
| Latino Outdoors | ** Support | |
| Lily of the Valley Emmanuel Church of Jesus | ** Support | |
| Lily of The Valley Emmanuel Church of Jesus Christ | ** Support | |
| Los Angeles Neighborhood Land Trust | ** Support | |
| Los Padres ForestWatch | ** Support | |
| Native Like Water - One World Bridge | ** Support | |
| Nature Collective | ** Support | |
| Nature For All | ** Support | |
| Nextgen Policy | ** Support | |
| O'Neill Sea Odyssey | ** Support | |
| Oakland Parks and Recreation Foundation | ** Support | |
| OC Habitats | ** Support | |
| One Cool Earth | ** Support | |
| Outdoor Afro | ** Support | |
| Outdoor Outreach | ** Support | |
| Outward Bound Adventures | ** Support | |
| Pathloom | ** Support | |
| Refuge Armona | ** Support | |
| REI | ** Support | |
| Resource Renewal Institute | ** Support | |
| Salted Roots | ** Support | |
| San Diego Audubon Society | ** Support | |
| San Diego Coastkeeper | ** Support | |
| San Diego for Every Child | ** Support | |
| San Dieguito River Conservancy | ** Support | |
| Santa Barbara County Trails Council | ** Support | |
| Santa Barbara Maritime Museum | ** Support | |
| Student Environmental Resource Center at UC Berkeley | ** Support | |
| Surfrider Foundation | ** Support | |
| Ten Strands | ** Support | |
| The Wilderness Society | ** Support | |
| Treepeople | ** Support | |
| Trust for Public Land | ** Support | |
| Un Mar De Colores | ** Support | |
| Urban Surf 4 Kids | ** Support | |
| VF Corporation | ** Support | |
| Wildcoast | ** Support | |
| Yes Nature to Neighborhoods | ** Support | |
| YMCA of San Diego County | ** Support | |
| YMCA of San Francisco | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2939
Author:(Rendon)
As Amended Ver:June 5, 2024
Majority vote
SUMMARY
Makes use of a local park by a qualified nonprofit or Native American Tribe to provide interpretive services to a maximum of 30 participating park visitors at once an allowable public use of a local park.
Senate Amendments
- Clarify that qualified nonprofits must have a mission of increasing equity in outdoor access.
- Allow a local entity to adopt requirements that apply to a qualified nonprofit or Native American Tribe if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:
- The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by a qualified nonprofit or Native American Tribe.
- The requirements will further access to a local park by a qualified nonprofit or Native American Tribe.
- The requirements are necessary to address the local entity's liability related to a visit to a local park by a qualified nonprofit or Native American Tribe.
- Make changes to the bills findings and declarations.
COMMENTS
- Background. Spending time outdoors is understood to benefit mental and physical health, but outdoor access is not equitably distributed to all communities. A history of discriminatory policies and exclusionary zoning have led to long-term disinvestment, fewer parks and outdoor spaces, and less coastal access for many communities. The practice of redlining led to neighborhoods with far fewer trees and parks and more paved surfaces that for lower-income residents and communities of color. The Outdoors for All initiative is intended to expand access to parks and nature for communities with little outdoor space.
- Outdoors for All. The Outdoors for All: Providing Equitable Access to Parks and Nature report published by the California Natural Resources agency recommends several strategies regarding urban and/or park-poor communities including: Develop, improve, and maintain local and regional outdoor spaces, which includes: (1) prioritize funding programs for park and open space development in park-poor communities such as the Statewide Park Development and Community Revitalization Program, and the Urban Waterways Program; (2) create priorities for park-poor communities within existing funding sources for open space acquisition, development, enhancement, and/or maintenance; and (3) assist local and regional entities to bring federal investments to California for outdoor space renovation and acquisition, especially in underserved communities.
- 30x30. In October 2020, Governor Newsom issued Executive Order N-82-20, which establishes a state goal of conserving 30% of California's lands and coastal waters by 2030. The 30x30 goal is intended to help conserve state lands and coastal waters through voluntary, collaborative action with partners across the state to meet three objectives: conserve and restore biodiversity, expand access to nature, and mitigate and build resilience to climate change. As of May 2023, the state has conserved 24.4% of lands and 16.2% of coastal waters for 30x30.
According to the Author
Access to the outdoors has untold benefits for California's communities. Non-profits and tribal organizations often play a pivotal role in connecting communities, both rural and urban, to nature. We should be making it easier, not harder, for these organizations to access county and city parks and beaches. AB 2939 removes unnecessary administrative hurdles for nonprofits and tribal organizations to access these lands, leaving staff free to focus on the important work of serving communities.
Arguments in Support
According to a coalition of supporters, including Outdoor Outreach, sponsor of this bill, "Now is the time to advance a more equitable framework to expand access to nature for all Californians. AB 2939 would create a statewide standard in the Public Resources Code to support small non-commercial outdoor equity programs at parks and beaches managed by cities and counties. AB 2939 ensures that these nonprofit and tribal-run programs have the same access to natural resource areas as the general public, without additional restrictions or permit requirements.
- AB 2939 supports outdoor equity programs, by:
- Extending to them the same access to natural resource areas already approved for general public enjoyment.
- Supporting adaptive and flexible visitorship of the most appropriate parks and beaches depending on natural and human-imposed conditions (weather, pollution, crowds, park unit closures, travel distance, etc)
- Reducing the administrative burden and cost of processing paperwork.
- AB 2939 supports local land managers, by:
- Ensuring that their public access practices align with the state's equity and community access goals
- Incentivizing beneficial visitorship that increases stewardship and helps deter destructive behavior
- Not impacting their ability to collect revenue related to fees (parking, day use, reservations facility use, etc)
- Reducing the administrative burden and cost of processing paperwork.
- AB 2939 supports align with natural resource conservation, by:
- Protecting parks and beaches from commercial monopolization by ensuring only non-commercial outdoor equity programs with a group size under 30 people are allowed general public access.
"AB 2939 would create a framework for more equitable access to support organizations that serve as trusted connectors to the outdoors for disadvantaged communities. This legislation strengthens California's commitment to expanding equitable access outlined in the state's 30x30 Initiative and the Natural Resource Agency's Outdoors for All Strategy."
Arguments in Opposition
None on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee, pursuant to Senate Rule 28.8, negligible state costs.
VOTES:
ASM LOCAL GOVERNMENT: 8-0-1
YES: Juan Carrillo, Waldron, Valencia, Kalra, Pacheco, Ramos, Ward, Wilson
ABS, ABST OR NV: Essayli
ASM APPROPRIATIONS: 15-0-0
YES: Wicks, Sanchez, Arambula, Bryan, Calderon, Wendy Carrillo, Dixon, Mike Fong, Friedman, Haney, Hart, Jim Patterson, Pellerin, Ta, Villapudua
ASSEMBLY FLOOR: 71-0-9
YES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
ABS, ABST OR NV: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
SENATE FLOOR: 38-0-2
YES: Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, 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, Wahab, Wiener, Wilk
ABS, ABST OR NV: Allen, Umberg
UPDATED
VERSION: June 5, 2024
CONSULTANT: Angela Mapp / L. GOV. / (916) 319-3958 FN: 0003868
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 2939 |
CONSENT
Bill No: AB 2939
Author: Rendon (D)
Amended: 6/5/24 in Senate
Vote: 21
SENATE LOCAL GOVERNMENT COMMITTEE: 7-0, 6/11/24
AYES: Durazo, Seyarto, Dahle, Glazer, Skinner, Wahab, Wiener
SENATE NATURAL RES. & WATER COMMITTEE: 11-0, 6/25/24
AYES: Min, Seyarto, Allen, Dahle, Eggman, Grove, Hurtado, Laird, Limón, Padilla, Stern
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 71-0, 5/16/24 (Consent) - See last page for vote
SUBJECT: Parks: counties and cities: interpretive services
SOURCE: Outdoor Outreach
DIGEST:
This bill makes certain uses of a local park by a nonprofit organization or Native American Tribe to be allowable public uses of the local park.
ANALYSIS:
Existing law allows local governments, including cities, counties, and some special districts to own, operate, and maintain local parks and other spaces for outdoor recreation.
This bill:
- Makes use of a local park by a nonprofit organization with the mission of increasing equity in outdoor access or a Native American Tribe to provide interpretive services to no more than 30 participating park visitors at once an allowable public use of the local park.
- Requires the city or county to treat such use in the same manner as general public use of the local park, as long as the city or county does not provide any benefit that isn’t provided to the general public.
- Allows a city or county to a local entity may adopt requirements that apply to a nonprofit or tribe if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:
- The requirements are necessary to ensure public access to the park, or the protection of environmental resources, is not significantly negatively impaired;
- The requirements will further access to the park by an eligible entity; or
- The requirements are necessary to address the city or county’s liability related to a visit by an eligible entity.
- Defines its terms.
- Includes findings and declarations to support its purposes.
Background
Nearly 1,000 local governments own, operate, or maintain approximately 12,000 parks and other outdoor spaces for recreation by the public across California, according to the California Department of Parks and Recreation’s 2015 Statewide Comprehensive Outdoor Recreation Plan. These local governments include cities, counties, recreation and park districts, community services districts, irrigation districts, water districts, and utility districts.
The California Natural Resources Agency recently published the report Outdoors for All: Providing Equitable Access to Parks and Nature, which recommends several strategies regarding urban and park-poor communities. The report notes:
“Many of the underserved communities burdened with environmental pollution and climate change impacts are also denied the resources and decision-making power to achieve healthy communities. Outdoor access is one part of achieving environmental justice, by providing safe reconnection to land and a seat at the decision making table. Outdoors for All aims to provide resources and greater support to enhance frontline communities’ ability to drive change.”
One strategy identified in the report is to develop, improve, and maintain local and regional outdoor spaces, which includes:
- Prioritizing funding programs for park and open space development in park-poor communities through the Statewide Park Development and Community Revitalization Program, and the Urban Waterways Program;
- Creating priorities for park-poor communities within existing funding sources for open space acquisition, development, enhancement, and/or maintenance; and
- Assisting local and regional entities in bringing federal investments to California for outdoor space renovation and acquisition, especially in underserved communities.
Outdoor Outreach, a San Diego-based nonprofit that connects young Californians to the outdoors, reports that some parks have put up barriers to small groups that want to recreate in the outdoors. It wants the Legislature to reduce barriers to park access.
Comments
- Purpose of the bill. According to the author, “Access to the outdoors has untold benefits for California’s communities. Non-profits and tribal organizations often play a pivotal role in connecting communities, both rural and urban, to nature. We should be making it easier, not harder, for these organizations to access county and city parks and beaches. AB 2939 removes unnecessary administrative hurdles for nonprofits and tribal organizations to access these lands, leaving staff free to focus on the important work of serving communities.”
- Special districts, too. Cities and counties aren't the only local agencies that operate park and recreation programs and facilities. Many special districts, including recreation and park districts, community services districts, irrigation districts, water districts, and utility districts also provide recreational facilities and programs. Should this bill also apply to special districts that provide recreation and park services?
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
SUPPORT: (Verified 8/6/24)
Outdoor Outreach (source)
Azul
Black.surfers
California Coastal Commission
California Coastal Protection Network
California Mountain Biking Coalition
California Outdoor Recreation Partnership
Camp Ocean Pines, INC
Casa De Amistad
Center for Biological Diversity
Central Coast State Parks Association
City Surf Project
County of Los Angeles Board of Supervisors
Crystal Cove Alliance
Crystal Cove Conservancy
Earthroots Field School
Environmental Action Committee of West Marin
Environmental Protection Information Center
Environmental Traveling Companions (ETC)
Exploring New Horizons Outdoor Schools
Friends of Friendship Park
Groundswell Community Project
Hipcamp
Institute for Public Strategies
Intersectional Environmentalist
Jewish Family Service of San Diego
Justice Outside
Latino Outdoors
Lily of The Valley Emmanuel Church of Jesus Christ
Los Angeles Neighborhood Land Trust
Los Padres Forestwatch
Native Like Water - One World Bridge
Nature Collective
Nature for All
Nextgen Policy
O'neill Sea Odyssey
Oakland Parks and Recreation Foundation
OC Habitats
One Cool Earth
Outdoor Afro
Outward Bound Adventures
Pathloom
Refuge Armona
REI
Resource Renewal Institute
Salted Roots
San Diego Audubon Society
San Diego Coastkeeper
San Diego for Every Child
San Dieguito River Conservancy
Santa Barbara County Trails Council
Santa Barbara Maritime Museum
Student Environmental Resource Center @ UC Berkeley
Surfrider Foundation
Ten Strands
The Wilderness Society
Treepeople
Trust for Public Land
Un Mar De Colores
Urban Surf 4 Kids
Vf Corporation
Wildcoast
Yes Nature to Neighborhoods
YMCA of San Diego County
YMCA of San Francisco
OPPOSITION: (Verified 8/6/24)
None received
ARGUMENTS IN SUPPORT:
ARGUMENTS IN OPPOSITION:
ASSEMBLY FLOOR: 71-0, 5/16/24
AYES: Aguiar-Curry, Alanis, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Chen, Connolly, Davies, Dixon, Essayli, Mike Fong, Friedman, Gabriel, Gallagher, Garcia, Grayson, Haney, Hart, Holden, Hoover, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Jim Patterson, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Rendon, Reyes, Luz Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Robert Rivas
NO VOTE RECORDED: Addis, Alvarez, Cervantes, Megan Dahle, Flora, Vince Fong, Gipson, Irwin, Mathis
Prepared by: Anton Favorini-Csorba / L. GOV. / (916) 651-4119
8/7/24 13:38:42
**** END ****
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Dave Min, Chair
2023 - 2024 Regular
Bill No: AB 2939 Hearing Date: June 25, 2024
Author: | |||
Version: | Amended | ||
Urgency: | Fiscal: | ||
Consultant: | |||
Subject: Parks: counties and cities: interpretive services
SUMMARY
This bill would require a city or county to treat the use of a local park by certain entities providing interpretive services to up to 30 participating park visitors at once as an allowable public use of the park, subject to the same rules as general public use of that park, as specified.
BACKGROUND AND EXISTING LAW
Local parks. Nearly 1,000 local governments own, operate, or maintain approximately 12,000 parks and other outdoor spaces for recreation by the public across California, according to the Department of Parks and Recreation’s (State Parks’) 2015 Statewide Comprehensive Outdoor Recreation Plan. These local governments include cities, counties, recreation and park districts, community services districts, irrigation districts, water districts, and utility districts.
Local Government | Number of Parks | Acreage |
Cities | 9,000 | 316,000 |
Counties | 1,200 | 238,000 |
Special Districts | 1,700 | 445,000 |
Inequitable access. “Access” embodies both physical (e.g., distance to a park) and social (e.g., language and safety) aspects and varies widely throughout California. The Center for American Progress recently published a report examining ethnic, racial, economic, and other demographic disparities in the current distribution of natural areas in the United States by comparing satellite and census data. The study found that communities of color are three times more likely than white communities to live in areas with a high proportion of natural area lost to human activity. The study identifies these areas as “nature-deprived” places. The report also found that 70% of low-income communities live in nature-deprived areas. The report noted that this inequitable distribution is the result of a long history of systemic racism and economic discrimination, including redlining, forced migration, and economic segregation.
These national findings have been reflected at the state level, with research showing that there are unfair park and outdoor access disparities based on race, ethnicity, income, poverty, youth, and access to cars. In Southern California, for instance, children of color disproportionately live in communities of concentrated poverty without enough places to play in parks and schools, and without access to cars or an adequate transit system to reach parks and school fields in other neighborhoods. According to the Trust for Public Land (TPL), one in three Californians do not live within a 10-minute walk to a quality park. According to a recent Hispanic Access Foundation report, 55% of Latinos in California lack access to open space, and significantly fewer acres of green space are present in many Black and Latino neighborhoods when compared to predominantly white neighborhoods.
Historical and continuing inequities, intersecting roadways, less acreage, 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. The COVID-19 pandemic also appears to have exacerbated existing inequities in access to parks and open spaces. In particular, efforts were made to limit access to these spaces to the communities in which parks were located in order to limit the spread of COVID between communities. Further, many parks limited parking, ensuring that only those who lived nearby could access these areas and public transit options were curtailed. Those without parks and greenspace, typically low income and marginalized communities, were left with significantly fewer options to access nature and recreate outside.
Benefits of access. Parks and open/green spaces provide numerous benefits to the community, environment, and economy. Use of parks and open spaces is correlated with a number of mental and physical health benefits, including decreased risk of stress, anxiety, and depression, lessened symptoms of ADD/ADHD, as well as reduced risk of psychiatric illness for those with childhood exposure to open/green space. 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.”
Additionally, parks and open spaces provide environmental benefits as they can remove pollution and filter air, provide shade to reduce the urban heat island effect, attenuate noise, absorb water as an alternative to storm water control systems, and replenish local groundwater reservoirs. Parks and open space are also highly valued as economic drivers, as they have been found to increase property values and subsequent tax revenues by as much as 20%, draw new businesses and visitors to cities, and are reported to be among the top amenities sought after for people choosing a place to live.
Recent access initiatives. The state has made numerous efforts in recent years to increase access to parks and open space. For example, AB 1150 (Committee on Water, Parks, and Wildlife, Chapter 831, Statutes of 2023) authorizes State Parks to enter into community access agreements with specified entities to provide interpretive services and visitor services to underserved park users in state parks. AB 30 (Kalra, Chapter 939, Statutes of 2022) codified the state’s commitment to ensuring all Californians can benefit from, and have meaningful access to, the state’s rich cultural and natural resources.
AB 209 (Limón, Chapter 675, Statutes of 2019) directs State Parks to create an Outdoor Equity Grants Program to connect underserved and at-risk populations to 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. On August 1, 2023, State Parks announced the availability of $50 million for a second round of grants.
State Parks’ Statewide Park Development and Community Revitalization Program has provided $1.16 billion in four grant rounds to create new parks and new recreation opportunities in underserved communities. In addition, the Youth Community Access Program at the California Natural Resources Agency (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.
The state has also invested in pass programs to remove barriers to access to state parks for certain populations. In particular, the State Library Parks Pass allows library patrons to check out state park passes from local libraries. The California State Park Adventure Pass program gives fourth graders and their families a free pass to access selected state parks for a year. The Golden Bear Pass makes it easier for families who receive CalWORKs to receive a free annual, vehicle day-use pass valid at over 200 state parks. People with permanent disabilities can receive a 50 percent discount for state parks facilities through the Disabled Discount Pass program.
Outdoors for All initiative. This initiative seeks to expand parks and access to nature in communities with little outdoor space, support programs to connect people who lack access, and foster a sense of belonging for all Californians in the outdoors, among other things. The Outdoors for All strategy, released in November 2023, reports progress on equitable outdoor access, summarizes work underway, and identifies priorities and actions to achieve the goals of the initiative.
Priority 3 seeks to connect people and the outdoors, noting that “transportation, information-related, administrative, and financial barriers limit Californians from getting to outdoor spaces. Through Outdoors for All, the state will increase Californians’ awareness of which outdoor spaces are nearby, what recreational activities they can do there, and how to safely reach these spaces by bike, bus, car, or walking. The state will also ease the processes for gaining entry fees, reservations, permits, equipment, and classes needed for some outdoor activities to increase access, especially for underserved communities and people with disabilities.”
Further, under Priority 2, which seeks to foster belonging, Strategy 2.5.1 commits to “[continuing] to expand partnerships with and incentivize community-based groups, including health and community service organizations, to provide repeated programming and free or affordable transportation to outdoor spaces for youth, families, elders and older adults, people with disabilities, and those lacking access to those resources.”
Existing law:
- Authorizes any county to (1) purchase or lease, or obtain by gift, lands located in the county, and (2) hold, improve, and maintain such lands for public parks, public beaches, public recreation areas, or public boulevards. Public Resources Code (PRC) §5157.
- Authorizes any city to acquire and hold land for public parks, or public boulevards, or both, by purchase, or by condemnation. PRC §5301.
PROPOSED LAW
This bill would:
- Specify that use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once is considered an allowable public use of the local park.
- Require a local entity to treat the use specified in (1) in the same manner as general public use of a local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.
- Authorize a local entity to adopt requirements that apply to an eligible entity if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:
- The requirements are necessary to ensure that public access to a local park, or the protection of environmental resources, is not significantly negatively impaired by an eligible entity.
- The requirements will further access to a local park by an eligible entity.
- The requirements are necessary to address the local entity’s liability related to a visit to a local park by an eligible entity.
- Define terms, including “eligible entity,” “interpretive services,” “local entity,” and “local park.”
- Provide for reimbursement for costs mandated by the state, as specified.
- Make findings and declarations that ensuring equitable access to parks and other outdoor spaces for all communities is a matter of statewide concern and is not a municipal affair, as specified. Therefore, provide that the bill applies to all cities, including charter cities.
ARGUMENTS IN SUPPORT
According to the author, “Access to the outdoors has untold benefits for California’s communities. Non-profits and tribal organizations often play a pivotal role in connecting communities, both rural and urban, to nature. We should be making it easier, not harder, for these organizations to access county and city parks and beaches. AB 2939 removes unnecessary administrative hurdles for nonprofits and tribal organizations to access these lands, leaving staff free to focus on the important work of serving communities.”
According to Outdoor Outreach, the sponsor, and a coalition of supporters, “Now is the time to advance a more equitable framework to expand access to nature for all Californians. AB 2939 would create a statewide standard in the Public Resources Code to support small non-commercial outdoor equity programs at parks and beaches managed by cities and counties. AB 2939 ensures that these nonprofit and tribal-run programs have the same access to natural resource areas as the general public, without additional restrictions or permit requirements.
- AB 2939 supports outdoor equity programs, by:
- Extending to them the same access to natural resource areas already approved for general public enjoyment.
- Supporting adaptive and flexible visitorship of the most appropriate parks and beaches depending on natural and human-imposed conditions (weather, pollution, crowds, park unit closures, travel distance, etc.).
- Reducing the administrative burden and cost of processing paperwork.
- AB 2939 supports local land managers, by:
- Ensuring that their public access practices align with the state’s equity and community access goals.
- Incentivizing beneficial visitorship that increases stewardship and helps deter destructive behavior.
- Not impacting their ability to collect revenue related to fees (parking, day use, reservations facility use, etc.).
- Reducing the administrative burden and cost of processing paperwork.
- AB 2939 supports align with natural resource conservation, by:
- Protecting parks and beaches from commercial monopolization by ensuring only non-commercial outdoor equity programs with a group size under 30 people are allowed general public access.”
According to the California Coastal Commission, “One of the highest priorities of the California Coastal Act is public access to the coast, including local parks. Non-profit organizations and Tribes play a critical role in connecting underserved populations with their local parks. The Coastal Commission continually seeks to advance this work, including through our Whale Tail Grants Program, which over 25 years has awarded approximately $23.5 million 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 continue to face administrative and financial challenges in accessing California’s public lands.”
“AB 2939 aims to facilitate organizational access to locally managed public lands by equating small-scale interpretive programming in local parks and beaches with general public use. While the bill would apply statewide, implementation of this legislation in the coastal zone would advance the Coastal Act’s mandate to maximize public access to the coast in a way that is sustainable and does not overwhelm the natural resources or infrastructure of local beaches and coastal parks. By simplifying access procedures, the bill promotes more inclusive and equitable enjoyment of California’s locally managed coastal areas. We appreciate that the bill also contains provisions designed to ensure that external programs complement rather than replace existing local park programming.”
ARGUMENTS IN OPPOSITION
None received.
COMMENTS
Dual referral. This bill was referred to the Senate Local Government Committee and this Committee. The former Committee passed the bill on consent on June 11, 2024, without amendments. Elements of the bill under that Committee’s jurisdiction were discussed before that Committee and are included here for completeness and context only.
Seems familiar. This bill is similar to AB 2038 (Quirk-Silva, 2024), which this Committee passed on June 17, 2024. AB 2038 would require State Parks to treat the use of a state park by an eligible entity providing outdoor equity programs to up to 30 participating visitors at once in the same manner as the use of the park by the public. AB 2939 would do the same for local parks.
Unlike AB 2038, this bill authorizes a city or county to adopt requirements for eligible entities if the city council or board of supervisors adopts one of three specified findings, supported by substantial evidence. The requirements must be necessary to ensure that public access to a local park or the protection of environmental resources is not significantly negatively impacted by the eligible entity. Alternatively, the requirement must be necessary to address the city or county’s liability related to an eligible entity’s visit to a local park. The third option is that the requirements must further access to a local park by an eligible entity.
Similar to AB 2038, which limits State Parks authority to regulate access to state parks, this bill limits a city or county’s authority to regulate access to local parks, although this bill grants a city or county authority to impose some requirements on the eligible entity. Outdoor Outreach, a San Diego-based nonprofit that connects young Californians to the outdoors, reports that some parks have put up barriers to small groups that want to recreate in the outdoors, thus the need for this bill. The Committee may wish to ask the author to further elaborate the need for this bill.
Related legislation.
AB 2038 (Quirk-Silva, 2024) would require State Parks to treat the use of a state park by an eligible entity providing outdoor equity programs to up to 30 participating visitors at once in the same manner as the use of the park by the public. This bill is pending in the Senate Appropriations Committee.
AB 1150 (Committee on Water, Parks, and Wildlife, Chapter 831, Statutes of 2023) authorizes State Parks to enter into community access agreements.
AB 30 (Kalra, Chapter 939, Statutes of 2022) codified the state’s commitment to ensuring all Californians can benefit from, and have meaningful access to, the state’s rich cultural and natural resources.
AB 209 (Limón, Chapter 675, Statutes of 2019) directed State Parks to create an Outdoor Equity Grants Program to connect underserved and at-risk populations to outdoor environmental educational experiences at state parks and other public lands where outdoor environmental education programs take place.
AB 556 (Carrillo, 2019) would have required CNRA to develop and implement a community access program and authorized CNRA to develop a transportation-based grant program. The bill was vetoed by the Governor.
AB 2614 (Carrillo, 2018) would have required CNRA to implement a program to increase participation in outdoor recreational activities, especially for people living in disadvantaged communities. The bill was vetoed by the Governor.
AB 988 (Mark Stone, 2015) 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. This bill was held in the Senate Appropriations Committee.
AB 2150 (Rendon, 2014), among other provisions, would have created 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. This bill was vetoed by the Governor.
SUPPORT
Outdoor Outreach (sponsor)
Azul
Black.Surfers
California Coastal Commission
California Coastal Protection Network
California Mountain Biking Coalition
California Outdoor Recreation Partnership
Camp Ocean Pines, INC
Casa De Amistad
Center for Biological Diversity
Central Coast State Parks Association
City Surf Project
Crystal Cove Conservancy
Earthroots Field School
Environmental Action Committee of West Marin
Environmental Protection Information Center
Environmental Traveling Companions
Exploring New Horizons Outdoor Schools
Friends of Friendship Park
Groundswell Community Project
Hipcamp
Institute for Public Strategies
Intersectional Environmentalist
Jewish Family Service San Diego
Justice Outside
Latino Outdoors
Lily of The Valley Emmanuel Church of Jesus Christ
Los Angeles Neighborhood Land Trust
Los Padres ForestWatch
Native Like Water - One World Bridge
Nature Collective
Nature for All
NextGen Policy
O'Neill Sea Odyssey
Oakland Parks and Recreation Foundation
OC Habitats
One Cool Earth
Outdoor Afro
Outward Bound Adventures
Pathloom
Refuge Armona
REI Co-op
Resource Renewal Institute
Salted Roots
San Diego Audubon Society
San Diego Coastkeeper
San Diego for Every Child
San Dieguito River Conservancy
Santa Barbara County Trails Council
Santa Barbara Maritime Museum
Surfrider Foundation
Ten Strands
The Wilderness Society
Treepeople
Trust for Public Land
UC Berkeley Student Environmental Resource Center
Un Mar De Colores
Urban Surf 4 Kids
VF Corporation
WILDCOAST
YES Nature to Neighborhoods
YMCA of San Diego County
YMCA of San Francisco
OPPOSITION
None Received
-- END --
SENATE COMMITTEE ON LOCAL GOVERNMENT
Senator María Elena Durazo, Chair
2023 - 2024 Regular
Bill No: | AB 2939 | Hearing Date: | 6/11/24 |
Author: | Rendon | Fiscal: | Yes |
Version: | 6/5/24 | Consultant: | Favorini-Csorba |
Parks: counties and cities: interpretive services
Makes use of a local park by a nonprofit organization or Native American Tribe to provide interpretive services to no more than 30 participating park visitors at once to be an allowable public use of the local park.
Background
Nearly 1,000 local governments own, operate, or maintain approximately 12,000 parks and other outdoor spaces for recreation by the public across California, according to the California Department of Parks and Recreation’s 2015 Statewide Comprehensive Outdoor Recreation Plan. These local governments include cities, counties, recreation and park districts, community services districts, irrigation districts, water districts, and utility districts.
Local Government | Number of Parks | Acreage |
Cities | 9,000 | 316,000 |
Counties | 1,200 | 238,000 |
Special Districts | 1,700 | 445,000 |
The California Natural Resources Agency recently published the report Outdoors for All: Providing Equitable Access to Parks and Nature, which recommends several strategies regarding urban and park-poor communities. The report notes:
“Many of the underserved communities burdened with environmental pollution and climate change impacts are also denied the resources and decision-making power to achieve healthy communities. Outdoor access is one part of achieving environmental justice, by providing safe reconnection to land and a seat at the decision making table. Outdoors for All aims to provide resources and greater support to enhance frontline communities’ ability to drive change.”
One strategy identified in the report is to develop, improve, and maintain local and regional outdoor spaces, which includes:
- Prioritizing funding programs for park and open space development in park-poor communities through the Statewide Park Development and Community Revitalization Program, and the Urban Waterways Program;
- Creating priorities for park-poor communities within existing funding sources for open space acquisition, development, enhancement, and/or maintenance; and
- Assisting local and regional entities in bringing federal investments to California for outdoor space renovation and acquisition, especially in underserved communities.
Outdoor Outreach, a San Diego-based nonprofit that connects young Californians to the outdoors, reports that some parks have put up barriers to small groups that want to recreate in the outdoors. It wants the Legislature to reduce barriers to park access.
Proposed Law
Assembly Bill 2939 makes use of a local park by a nonprofit organization with the mission of increasing equity in outdoor access or a Native American Tribe to provide interpretive services to no more than 30 participating park visitors at once an allowable public use of the local park. It requires the city or county to treat such use in the same manner as general public use of the local park, as long as the city or county does not provide any benefit that isn’t provided to the general public.
However, the bill allows a city or county to a local entity may adopt requirements that apply to a nonprofit or tribe if the governing body of the local entity adopts a finding, supported by substantial evidence, of one or more of the following:
- The requirements are necessary to ensure public access to the park, or the protection of environmental resources, is not significantly negatively impaired;
- The requirements will further access to the park by an eligible entity; or
- The requirements are necessary to address the city or county’s liability related to a visit by an eligible entity.
AB 2939 defines its terms and includes findings and declarations to support its purposes.
Comments
1. Purpose of the bill. According to the author, “Access to the outdoors has untold benefits for California’s communities. Non-profits and tribal organizations often play a pivotal role in connecting communities, both rural and urban, to nature. We should be making it easier, not harder, for these organizations to access county and city parks and beaches. AB 2939 removes unnecessary administrative hurdles for nonprofits and tribal organizations to access these lands, leaving staff free to focus on the important work of serving communities.”
2. Special districts, too. Cities and counties aren't the only local agencies that operate park and recreation programs and facilities. Many special districts, including recreation and park districts, community services districts, irrigation districts, water districts, and utility districts also provide recreational facilities and programs. Should AB 2939 also apply to special districts that provide recreation and park services?
3. Charter city. The California Constitution allows cities that adopt charters to control their own “municipal affairs.” In all other matters, charter cities must follow the general, statewide laws. Because the Constitution does not define “municipal affairs,” the courts determine whether a topic is a municipal affair or an issue of statewide concern. AB 2939 says its statutory provisions apply to charter cities. To support this assertion, the bill includes a legislative finding that ensuring equitable access to parks and other outdoor spaces for all communities is a matter of statewide concern
4. Mandate. The California Constitution requires the state to reimburse local governments for the costs of new or expanded state mandated local programs. Because AB 2939 imposes new duties on cities and counties, Legislative Counsel says the bill imposes a new state mandate. AB 2939 says if the Commission on State Mandates finds this bill contains a state mandate, reimbursement must be made pursuant to procedures in existing law.
5. Related legislation. AB 2038 (Quirk-Silva) requires the Department of Parks and Recreation to treat the use of a park by a nonprofit organization or Native American Tribe for outdoor equity programs the same as general public use of the state park. AB 2038 is pending in the Senate Natural Resources and Water Committee.
6. Coming and going. The Senate Rules Committee has ordered a double-referral of AB 2939: first to the Committee on Local Government to consider the bill’s effect on local parks operations, and second to the Committee on Natural Resources and Water.
Assembly Actions
Assembly Local Government Committee: 8-1
Assembly Appropriations Committee: 15-0
Assembly Floor: 71-0
Support and Opposition
(6/7/24)
Support: Outdoor Outreach (Sponsor)
Azul
Black.surfers
California Coastal Protection Network
California Mountain Biking Coalition
California Mountain Biking Coalition (CAMTB)
California Outdoor Recreation Partnership
Camp Ocean Pines, INC
Casa De Amistad
Center for Biological Diversity
Central Coast State Parks Association
City Surf Project
Crystal Cove Conservancy
Earthroots Field School
Environmental Action Committee of West Marin
Environmental Protection Information Center
Environmental Traveling Companions (ETC)
Exploring New Horizons Outdoor Schools
Friends of Friendship Park
Groundswell Community Project
Hipcamp
Institute for Public Strategies
Intersectional Environmentalist
Jewish Family Service of San Diego
Justice Outside
Latino Outdoors
Lily of The Valley Emmanuel Church of Jesus Christ
Los Angeles Neighborhood Land Trust
Los Padres Forest Watch
Native Like Water - One World Bridge
Nature Collective
Nature for All
Nextgen Policy
O'neill Sea Odyssey
Oakland Parks and Recreation Foundation
OC Habitats
One Cool Earth
Outdoor Afro
Outward Bound Adventures
Pathloom
Refuge Armona
Rei
Resource Renewal Institute
Salted Roots
San Diego Audubon Society
San Diego Coastkeeper
San Diego for Every Child
San Dieguito River Conservancy
Santa Barbara County Trails Council
Santa Barbara Maritime Museum
Student Environmental Resource Center @ UC Berkeley
Surfrider Foundation
Ten Strands
The Wilderness Society
Treepeople
Trust for Public Land
Un Mar De Colores
Urban Surf 4 Kids
Vf Corporation
Wildcoast
Yes Nature to Neighborhoods
YMCA of San Diego County
YMCA of San Francisco
Opposition: None received.
-- END --
Date of Hearing: May 8, 2024
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Buffy Wicks, Chair
ABPCA Bill Id:AB 2939
Author:(Rendon) – As Introduced Ver:February 15, 2024
Policy Committee: | Local Government | Vote: | 8 - 0 |
|
| ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill requires use of a local park by a qualified nonprofit or Native American Tribe to provide interpretive services, as defined, to participating park visitors be considered an allowable public use of a local park.
Specifically, this bill:
Requires use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once be considered an allowable public use of the local park, and must be treated by the city or county in the same manner as general public use of the local park, provided the city or county does not confer on the eligible entity any benefit not conferred on the general public.
- Defines the following terms:
- “Eligible entity” means any of the following:
- A qualified nonprofit public benefit corporation organized pursuant to specified existing law.
- A federally recognized Native American tribe.
- A California Native American tribe listed on the California Tribal Consultation List by the Native American Heritage Commission.
- “Interpretive services” means activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.
- “Local park” includes a beach or park owned, maintained, or operated by a city or county and that is not part of the state or federal park systems.
- “Eligible entity” means any of the following:
FISCAL EFFECT:
State mandated costs to cities and counties of an unknown, but likely minor amount statewide to allow nonprofits and tribal organizations to access local parks for interpretive services. These costs are likely in the form of foregone revenues from fees that some parks charge for this purpose. These costs are potentially reimbursable by the state, subject to a determination by the Commission on State Mandates, but it is unlikely a city or county would submit a claim.
COMMENTS:
- Purpose. According to the author:
Access to the outdoors has untold benefits for California’s communities. Non-profits and tribal organizations often play a pivotal role in connecting communities, both rural and urban, to nature. We should be making it easier, not harder, for these organizations to access county and city parks and beaches. [This bill] removes unnecessary administrative hurdles for nonprofits and tribal organizations to access these lands, leaving staff free to focus on the important work of serving communities.
- Background. According to advocates, a history of discriminatory policies and exclusionary zoning has led to long-term disinvestment, fewer parks and outdoor spaces, and less coastal access for many communities. The Outdoors for All initiative is to expand access to parks and nature for communities with little outdoor space. According to a coalition of supporters, including Outdoor Outreach, sponsor of this bill:
Now is the time to advance a more equitable framework to expand access to nature for all Californians. [This bill] would create a statewide standard in the Public Resources Code to support small non-commercial outdoor equity programs at parks and beaches managed by cities and counties. [This bill] ensures that these nonprofit and tribal-run programs have the same access to natural resource areas as the general public, without additional restrictions or permit requirements.
This bill prohibits a local agency from disallowing, charging a fee to, or otherwise treating differently, an eligible group providing interpretive services in a local park. These groups would be required to pay fees or follow other obligations for use of a park required of the general public.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 24, 2024
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Juan Carrillo, Chair
ABPCA Bill Id:AB 2939 (
Author:Rendon) – As Introduced Ver:February 15, 2024
SUBJECT: Parks: counties and cities: interpretive services.
SUMMARY: Provides that use of a local park by an eligible entity to provide interpretive services to a maximum of 30 participating park visitors at once shall be considered an allowable public use of a local park. Specifically, this bill:
- Defines the following terms:
- “Eligible entity” as any of the following:
- A qualified nonprofit public benefit corporation organized pursuant to specified existing law.
- A federally recognized Native American Tribe.
- A California Native American tribe listed on the California Tribal Consultation List by the Native American Heritage Commission.
- “Interpretive services” as activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.
- “Local entity” as a city, county, or city and county that owns, maintains, or operates a local park.
- “Local park” as a beach or park that is owned, maintained, or operated by a local entity and that is not part of the state or federal park systems.
- “Eligible entity” as any of the following:
- Requires use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once to be considered an allowable public use of the local park, and shall be treated by the local entity in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.
- Provides that if the Commission on State Mandates determines that this bill contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made.
- Finds and declares that this bill addresses a matter of statewide concern rather than a municipal affair. Therefore, this bill applies to all cities, including charter cities.
FISCAL EFFECT: This bill is keyed fiscal and contains a state mandated local program.
COMMENTS:
- Bill Summary. This bill requires use of a local park by an eligible entity to provide interpretive services to no more than 30 participating park visitors at once to be considered an allowable public use of the local park. It requires the local entity to treat such use in the same manner as general public use of the local park, provided that the local entity does not confer on the eligible entity any benefit not conferred on the general public.
This bill defines “eligible entity” to mean any of the following:
- A qualified nonprofit public benefit corporation, as specified.
- A federally recognized Native American Tribe.
- A California Native American tribe listed on the California Tribal Consultation List by the Native American Heritage Commission.
This bill defines “interpretive services” as activities and programs that seek to help participating park visitors to understand and connect with natural, cultural, and historic resources of a local park and are not generally offered by the local entity.
This bill applies to a city, county, or city and county that owns, maintains, or operates a local park.
This bill is sponsored by Outdoor Outreach.
- Author’s Statement. According to the author, “Access to the outdoors has untold benefits for California’s communities. Non-profits and tribal organizations often play a pivotal role in connecting communities, both rural and urban, to nature. We should be making it easier, not harder, for these organizations to access county and city parks and beaches. AB 2939 removes unnecessary administrative hurdles for nonprofits and tribal organizations to access these lands, leaving staff free to focus on the important work of serving communities.”
- Background. Spending time outdoors is understood to benefit mental and physical health, but outdoor access is not equitably distributed to all communities. A history of discriminatory policies and exclusionary zoning have led to long-term disinvestment, fewer parks and outdoor spaces, and less coastal access for many communities. The practice of redlining led to neighborhoods with far fewer trees and parks and more paved surfaces that for lower-income residents and communities of color. The Outdoors for All initiative is intended to expand access to parks and nature for communities with little outdoor space.
- Outdoors for All. The Outdoors for All: Providing Equitable Access to Parks and Nature report published by the California Natural Resources agency recommends several strategies regarding urban and/or park-poor communities including: Develop, improve, and maintain local and regional outdoor spaces, which includes: (1) prioritize funding programs for park and open space development in park-poor communities such as the Statewide Park Development and Community Revitalization Program, and the Urban Waterways Program; (2) create priorities for park-poor communities within existing funding sources for open space acquisition, development, enhancement, and/or maintenance; and (3) assist local and regional entities to bring federal investments to California for outdoor space renovation and acquisition, especially in underserved communities.
- 30x30. In October 2020, Governor Newsom issued Executive Order N-82-20, which establishes a state goal of conserving 30% of California’s lands and coastal waters by 2030. The 30x30 goal is intended to help conserve state lands and coastal waters through voluntary, collaborative action with partners across the state to meet three objectives: conserve and restore biodiversity, expand access to nature, and mitigate and build resilience to climate change. As of May 2023, the state has conserved 24.4% of lands and 16.2% of coastal waters for 30x30.
- Arguments in Support. According to a coalition of supporters, including Outdoor Outreach, sponsor of this bill, “Now is the time to advance a more equitable framework to expand access to nature for all Californians. AB 2939 would create a statewide standard in the Public Resources Code to support small non-commercial outdoor equity programs at parks and beaches managed by cities and counties. AB 2939 ensures that these nonprofit and tribal-run programs have the same access to natural resource areas as the general public, without additional restrictions or permit requirements.
- AB 2939 supports outdoor equity programs, by:
- Extending to them the same access to natural resource areas already approved for general public enjoyment.
- Supporting adaptive and flexible visitorship of the most appropriate parks and beaches depending on natural and human-imposed conditions (weather, pollution, crowds, park unit closures, travel distance, etc)
- Reducing the administrative burden and cost of processing paperwork.
- AB 2939 supports local land managers, by:
- Ensuring that their public access practices align with the state’s equity and community access goals
- Incentivizing beneficial visitorship that increases stewardship and helps deter destructive behavior
- Not impacting their ability to collect revenue related to fees (parking, day use, reservations facility use, etc)
- Reducing the administrative burden and cost of processing paperwork.
- AB 2939 supports align with natural resource conservation, by:
- Protecting parks and beaches from commercial monopolization by ensuring only non-commercial outdoor equity programs with a group size under 30 people are allowed general public access.
“AB 2939 would create a framework for more equitable access to support organizations that serve as trusted connectors to the outdoors for disadvantaged communities. This legislation strengthens California’s commitment to expanding equitable access outlined in the state’s 30x30 Initiative and the Natural Resource Agency’s Outdoors for All Strategy.”
- Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
Azul
Black Surfers
California Coastal Protection Network
California Mountain Biking Coalition
California Outdoor Recreation Partnership
Camp Ocean Pines
Casa De Amistad
Center for Biological Diversity
Central Coast State Parks Association
City Surf Project
Earthroots Field School
Environmental Action Committee of West Marin
Environmental Protection Information Center
Environmental Travelling Companions
Exploring New Horizons Outdoor Schools
Friends of Friendship Park
Groundswell Community Project
Hipcamp
Institute for Public Strategies
Intersectional Environmentalist
Jewish Family Service of San Diego
Justice Outside
Latino Outdoors
Lily of the Valley Emmanuel Church of Jesus
Los Angeles Neighborhood Land Trust
Los Padres ForestWatch
Native Like Water – One World Bridge
Nature Collective
Nature for All
O’Neill Sea Odyssey
Oakland Parks and Recreation Foundation
OC Habitats
One Cool Earth
Outdoor Afro
Outdoor Outreach
Outward Bound Adventures
Pathloom
Refuge Armona
REI Co-op
Resource Renewal Institute
Salted Roots
San Diego Audubon Society
San Diego Coastkeeper
San Diego for Every Child
San Dieguito River Conservancy
Santa Barbara County Trails Council
Santa Barbara Maritime Museum
Student Environmental Resource Center at UC Berkeley
Surfrider Foundation
Ten Strands
The Wilderness Society
Trust for Public Land
Un Mar De Colores
Urban Surf 4 Kids
VF Corporation
Wildcoast
YES Nature to Neighborhoods
YMCA of San Diego County
YMCA of San Francisco
Opposition
None on file
Analysis Prepared by: Angela Mapp / L. GOV. / (916) 319-3958
Bill Author
Bill Co-Author(s):