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Legislative Update

 

Three of our priority bills:

All passed out of their respective committees.  SB 372 and 679 are our park protection bills and they passed out of the Senate Natural Resources & Water Committee.  

SB 553 is the bill to make the state's prompt payment act apply equitably to nonprofit organizations, and it garnered bipartisan support in the Senate Governmental Organization Committee.

Senate Bill 679 by Senator Lois Wolk (D-Linden) protects California's investment in our state park system.  The bill simply indicates that lands used as state parks cannot be used for non-park purposes without an act of the Legislature and the provision of substitute lands of equal environmental and fair market value.  Senate Bill 679 reinforces the statewide significance of our state park system by ensuring that a body with state-level jurisdiction and authority is charged with deciding whether a non-park use is acceptable for a state park.  Given that the state park system exists for the benefit of all Californians, it is appropriate that the Legislature make those decisions.  State law already recognizes a similar role for the Legislature in affecting lands that were previously designated as wilderness areas. 

While it is undesirable for state parks to be used for non-park purposes, SB 679 ensures that the state's investment in providing recreational resources and protecting natural resources is maintained even if that circumstance arises.  The bill requires that lands of equal environmental and fair market value, and in proximity to state park lands being disrupted or disposed, must be provided as substitutes if currently-used state park lands are disrupted or disposed.  This also extends a policy principle that currently exists in law.  Public Resources Code Section 5401(a) requires that governmental bodies cannot acquire park lands for the purpose of using those lands for non-park purposes, unless sufficient compensation, or land, or both, is provided to the entity managing the park lands. 

Senate Bill 372 by Senator Christine Kehoe (D-San Diego) establishes an appropriate process for protecting state parks from projects or proposals that are inconsistent with the use and purposes of the parks.  It requires that alterations or modifications that are inconsistent with state parks be enacted only upon an act of the Legislature, preceded by a recommendation from the state Park and Recreation Commission.  Senate Bill 372 is modeled on existing state law that requires review and legislative action prior to alteration of other conservation lands.  Under the California Wilderness Act, state wilderness in California can be designated by an act of the Legislature.  However, any lands designated by the Legislature cannot be altered unless the State Lands Commission affirmatively recommends a modification or alteration to those previously-designated wilderness lands. 

SB 372 applies this principle to the protection of the state park system.  It is appropriate to vest the State Park and Recreation Commission (Commission) with a role in securing the future of California's state park system as the Commission currently has important responsibilities classifying and naming state parks, approving and amending General Plans, and providing annual reports on the programs, activities, and future needs of the state park system.

Next stop, Appropriations Committee for all the bills.

Bill status obtained from the Official California Legislative Information website.