Bill Text: CA AB107 | 2011-2012 | Regular Session | Chaptered
Bill Title: Public resources.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Passed) 2011-07-26 - Chaptered by Secretary of State - Chapter 134, Statutes of 2011. [AB107 Detail]
Download: California-2011-AB107-Chaptered.html
BILL NUMBER: AB 107 CHAPTERED
BILL TEXT
CHAPTER 134
FILED WITH SECRETARY OF STATE JULY 26, 2011
APPROVED BY GOVERNOR JULY 26, 2011
PASSED THE SENATE JULY 7, 2011
PASSED THE ASSEMBLY JULY 14, 2011
AMENDED IN SENATE JULY 6, 2011
AMENDED IN SENATE MARCH 14, 2011
INTRODUCED BY Committee on Budget (Blumenfield (Chair), Alejo,
Allen, Brownley, Buchanan, Butler, Cedillo, Chesbro, Dickinson,
Feuer, Gordon, Huffman, Mitchell, Monning, and Swanson)
JANUARY 10, 2011
An act to amend Section 19225 of, to amend and repeal Sections
19010, 19011, and 24744 of, to add Sections 19011.5, 19229, and
24745.5 to, and to repeal and add Section 24745 of, the Food and
Agricultural Code, and to amend Sections 3401 and 5007 of the Public
Resources Code, relating to public resources, and making an
appropriation therefor, to take effect immediately, bill related to
the budget.
LEGISLATIVE COUNSEL'S DIGEST
AB 107, Committee on Budget. Public resources.
(1) The California Meat and Poultry Supplemental Inspection Act
requires each person to be licensed prior to operating a meat
processing establishment or a custom livestock slaughterhouse, and
establishes application fees for initial and renewal of licenses for
livestock meat inspectors and processing inspectors, and licensing
fees for the operation of slaughterhouses. Existing law requires the
Secretary of Food and Agriculture to report to the Controller at
least once each month the total amount of money collected pursuant to
these provisions and to pay into the State Treasury the entire
amount of the receipts that shall be credited to the General Fund.
This bill would, until January 1, 2017, increase the fees for
licenses and renewal of licenses, impose specified penalties for the
failure to pay the fee for renewal of a license prior to the
expiration date of the license, and establish criteria for the fee
for a license application submitted upon change of ownership of
custom slaughterhouses, as specified.
(2) Existing law provides for the regulation, inspection, and
licensing of poultry plants and poultry meat inspectors.
This bill would, until January 1, 2017, revise the licensing
scheme and increase the fees for the licensing and renewal of
licenses in connection with poultry plant operations and poultry meat
inspections.
(3) Existing law requires the licensing of meat processing
establishments, custom livestock slaughterhouses, poultry plants, and
pet food processors and importers, among other similar businesses,
as specified.
This bill would provide that if a licensee has two or more
licenses in effect at the same meat processing establishment, custom
livestock slaughterhouse, place of business, poultry plant, pet food
processor or importer, or other similar business, as specified, the
license fee that is the highest amount shall be paid in full and each
additional license fee shall be in an amount that is 50% of the fee
that would otherwise be applicable.
(4) Existing law generally regulates the drilling, operation,
maintenance, and abandonment of oil and gas wells. Existing law
provides that the proceeds of charges levied, assessed, and collected
upon the properties of every person operating or owning an interest
in the production of a well shall be used exclusively for the support
and maintenance of the Division of Oil, Gas, and Geothermal
Resources in the Department of Conservation.
This bill instead would provide that the proceeds of those charges
shall be used exclusively for the support and maintenance of the
Department of Conservation.
(5) The existing Tort Claims Act provides for the liability and
immunity of a governmental entity for its acts and omissions that
cause harm to persons. Under existing law, notwithstanding the Tort
Claims Act, a public entity or public employee is not liable for
injury or damage caused by a condition of public property located in,
or injury or damage otherwise occurring in, or arising out of an
activity in, a unit of the state park system that is designated as
closed, partially closed, or subject to service reduction by the
Department of Parks and Recreation for purposes of achieving budget
reductions, among other things.
This bill would instead limit the liability of a public entity or
public employee for injury or damage caused by a condition of public
property located in, or injury or damage otherwise occurring in, or
arising out of an activity in, a unit of the state park system that
is designated as closed by the department. The bill would require the
department to maintain, make available to the public, and post on
the department's Internet Web site a list of closed units.
(6) This bill would appropriate $1,000 from the General Fund to
the Department of Food and Agriculture for administrative costs,
thereby making an appropriation.
(7) This bill would declare that it is to take effect immediately
as a bill providing for appropriations related to the Budget Bill.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 19010 of the Food and Agricultural Code is
amended to read:
19010. (a) Each person shall, before operating a meat processing
establishment or a custom livestock slaughterhouse, file an
application accompanied with an application fee, with the secretary
for a license to operate the establishment. The application shall be
in such form as the secretary may prescribe.
(b) Subject to Section 19011.5, the application fee for a meat
processing establishment or a new, previously unlicensed custom
livestock slaughterhouse is five hundred dollars ($500) for a license
for one year for each establishment which the applicant desires to
operate. Each license shall expire on the last day of the calendar
year for which it was issued. The fee shall not be prorated.
(c) The fee for a license application submitted upon a change of
ownership of an existing, previously licensed custom livestock
slaughterhouse shall be based on the number of head of livestock
slaughtered by the custom livestock slaughterhouse during the
preceding October through September time period as described in
subdivision (a) of Section 19011.
(d) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 2. Section 19011 of the Food and Agricultural Code is amended
to read:
19011. (a) Application for renewal of a license accompanied by a
renewal fee shall be made on or before its expiration.
(1) Subject to Section 19011.5, the annual renewal fee for a
custom livestock slaughterhouse is:
(A) Five hundred dollars ($500) if the plant slaughtered 1,000 or
fewer head of livestock during the preceding October through
September time period.
(B) Seven hundred fifty dollars ($750) if the plant slaughtered
between 1,000 and 5,000 head of livestock during the preceding
October through September time period.
(C) One thousand two hundred dollars ($1,200) if the plant
slaughtered over 5,000 head of livestock during the preceding October
through September time period.
(2) Subject to Section 19011.5, the annual renewal fee for a meat
reprocessing establishment is five hundred dollars ($500).
(b) Applicants for renewal who have not paid the renewal fee by
the expiration date of the license shall be assessed a penalty of 10
percent of the unpaid balance. Failure to pay the renewal fee plus
the penalty within 90 days of expiration shall cause a revocation of
a license.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 3. Section 19011.5 is added to the Food and Agricultural
Code, to read:
19011.5. If a licensee has two or more licenses in effect at the
same meat processing establishment, custom livestock slaughterhouse,
place of business, or poultry plant, pursuant to Section 19010,
19011, 19240, 19260, 19280, or 24741, the license fee that is the
highest amount shall be paid in full and each additional license fee
shall be in an amount that is 50 percent of the fee that would
otherwise be applicable.
SEC. 4. Section 19225 of the Food and Agricultural Code is amended
to read:
19225. Subject to Section 19229, the annual fee for each license
held is one hundred dollars ($100).
SEC. 5. Section 19229 is added to the Food and Agricultural Code,
to read:
19229. If a licensee has two or more licenses in effect at the
same meat processing establishment, custom livestock slaughterhouse,
place of business, or poultry plant, pursuant to Section 19010,
19011, 19240, 19260, 19280, or 24741, the license fee that is the
highest amount shall be paid in full and each additional license fee
shall be in an amount that is 50 percent of the fee that would
otherwise be applicable.
SEC. 6. Section 24744 of the Food and Agricultural Code is amended
to read:
24744. (a) Subject to Section 24745.5, the application fee for a
new, previously unlicensed poultry plant is five hundred dollars
($500) for a license for one year for each poultry plant which the
applicant desires to operate.
(b) The fee for a license application submitted upon change of
ownership of an existing, previously licensed poultry plant shall be
based on the number of poultry slaughtered by the poultry plant
during the preceding October through September time period as
described in subdivision (b) of Section 24745.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 7. Section 24745 of the Food and Agricultural Code is
repealed.
SEC. 8. Section 24745 is added to the Food and Agricultural Code,
to read:
24745. (a) Application for renewal of a license accompanied by a
renewal fee shall be made on or before its expiration.
(b) Subject to Section 24745.5, the annual license renewal fee for
a poultry plant is:
(1) Five hundred dollars ($500) if the plant slaughtered 10,000 or
fewer poultry during the preceding October through September time
period.
(2) Seven hundred fifty dollars ($750) if the plant slaughtered
between 10,000 and 100,000 poultry during the preceding October
through September time period.
(3) One thousand two hundred dollars ($1,200) if the plant
slaughtered over 100,000 poultry during the preceding October through
September time period.
(c) This section shall remain in effect only until January 1,
2017, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2017, deletes or extends
that date.
SEC. 9. Section 24745.5 is added to the Food and Agricultural
Code, to read:
24745.5. If a licensee has two or more licenses in effect at the
same meat processing establishment, custom livestock slaughterhouse,
place of business, or poultry plant, pursuant to Section 19010,
19011, 19240, 19260, 19280, or 24741, the license fee that is the
highest amount shall be paid in full and each additional license fee
shall be in an amount that is 50 percent of the fee that would
otherwise be applicable.
SEC. 10. Section 3401 of the Public Resources Code is amended to
read:
3401. The proceeds of charges levied, assessed, and collected
pursuant to this article upon the properties of every person
operating or owning an interest in the production of a well shall be
used exclusively for the support and maintenance of the department
charged with the supervision of oil and gas operations.
SEC. 11. Section 5007 of the Public Resources Code is amended to
read:
5007. (a) The department shall achieve any required budget
reductions by closing, partially closing, and reducing services at
selected units of the state park system. For purposes of this
section, "required budget reductions" means the amount of funds
appropriated in the annual Budget Act to the department that is less
than the amount necessary to fully operate the 2010 level of 278
units of the state park system. The department shall select the units
to be closed based solely on all of the following factors:
(1) The relative statewide significance of each park unit,
preserving to the extent possible, parks identified in the department'
s documents including "Outstanding and Representative Parks," the
"California State History Plan," and the "California State Parks
Survey of 1928."
(2) The rate of visitation to each unit, to minimize impacts to
visitation in the state park system.
(3) (A) The estimated net savings from closing each unit, to
maximize savings to the state park system.
(B) For purposes of this subdivision, "net savings" means the
estimated costs of operation for the unit less the unit's projected
revenues and less the costs of maintaining the unit after it is
closed.
(4) The feasibility of physically closing each unit.
(5) The existence of, or potential for, partnerships that can help
support each unit, including concessions and both for-profit and
nonprofit partners.
(6) Significant operational efficiencies to be gained from closing
a unit based on its proximity to other closed units where the units
typically share staff and other operating resources.
(7) Significant and costly infrastructure deficiencies affecting
key systems at each unit so that continued operation of the unit is
less cost effective relative to other units.
(8) Recent or funded infrastructure investments at a unit.
(9) Necessary but unfunded capital investments at a unit.
(10) Deed restrictions and grant requirements applicable to each
unit.
(11) The extent to which there are substantial dedicated funds for
the support of the unit that are not appropriated from the General
Fund.
(b) Notwithstanding Division 3.6 (commencing with Section 810) of
Title 1 of the Government Code, a public entity or a public employee
is not liable for injury or damage caused by a condition of public
property located in, or injury or damage otherwise occurring in, or
arising out of an activity in, a state park system unit that is
designated as closed by the department pursuant to subdivision (a),
except for conduct that constitutes gross negligence or is wanton or
reckless. This immunity shall apply notwithstanding the fact that the
public has access, whether invited or uninvited, to the state park
system unit, and notwithstanding that the department may take actions
such as patrols, inspections, maintenance, and repairs necessary to
protect the state park system unit facilities and resources from
deterioration, damage, or destruction. This immunity shall apply only
to units of the state park system that are designated as closed
pursuant to subdivision (a) and shall not apply to units that are
partially closed or subject to service reductions but not closure.
The closed units shall be maintained in a list by the department and
the list shall be made publicly available and posted on the
department's Internet Web site. The list shall include the date the
unit is considered closed. The immunity provided by this subdivision
does not limit any other immunity or immunities available to a public
entity or a public employee. The governmental immunity provided in
this section does not apply to a third party or entity that has
reopened a park listed as closed pursuant to subdivision (a). The
immunity shall continue to apply to the state.
SEC. 12. There is hereby appropriated one thousand dollars
($1,000) from the General Fund to the Department of Food and
Agriculture for administrative costs.
SEC. 13. This act is a bill providing for appropriations related
to the Budget Bill within the meaning of subdivision (e) of Section
12 of Article IV of the California Constitution, has been identified
as related to the budget in the Budget Bill, and shall take effect
immediately.
