Bill Text: CA SB442 | 2019-2020 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: State parks: resource exploitation exceptions: commercialization of investigation results.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-02 - Chaptered by Secretary of State. Chapter 477, Statutes of 2019. [SB442 Detail]
Download: California-2019-SB442-Amended.html
NOYES
Local Program:
NO
prohibited. However, slant prohibited, except all of the following is permissible:SECTION 1.
Bill Title: State parks: resource exploitation exceptions: commercialization of investigation results.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-02 - Chaptered by Secretary of State. Chapter 477, Statutes of 2019. [SB442 Detail]
Download: California-2019-SB442-Amended.html
|
Amended
IN
Senate
March 25, 2019 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
| Senate Bill | No. 442 |
| Introduced by Senator Dodd |
February 21, 2019 |
An act to amend Section 5001.65 of the Public Resources Code, relating to state parks.
LEGISLATIVE COUNSEL'S DIGEST
SB 442, as amended, Dodd.
State parks: resource exploitation exceptions: scientific investigations. research permits and commercialization permits.
Under existing law, the Department of Parks and Recreation has control of the state park system. Existing law prohibits commercial exploitation of resources in state park system units, but provides certain exceptions for commercial drilling for oil or gas and commercial fishing, as specified. Upon receiving prior approval from the Director of Parks and Recreation, existing law encourages qualified institutions and individuals to conduct nondestructive forms of scientific investigation within state park system units. Existing law establishes the State Parks and Recreation Fund into which are deposited fees, rents, and other returns for use of the state parks, and moneys in the fund are available for expenditure for state park planning, acquisition, and development projects, operation of the state park
system, and resource and property management and protection, when appropriated by the Legislature.
This bill would express the intent of the Legislature to later enact legislation that would expand the opportunities for scientific investigation within the California state park system.
This bill would authorize the director to issue scientific research permits and commercialization permits to qualified institutions of higher education, nonprofit research institutions, and individuals. The bill would authorize the director, in the director’s discretion, to issue a commercialization permit only if the applicant seeking the permit meets certain conditions, including, among others, that the applicant
executed a benefit sharing agreement with the department that includes a percentage of monetary or other nonmonetary benefits to be provided to the department resulting from a specified commercial application. The bill would authorize the department to set and collect application and permit fees for scientific research permits and commercialization permits in an amount not to exceed the reasonable regulatory cost of issuing and enforcing those permits. The bill would require the department to deposit those fees and the proceeds collected from a benefit sharing agreement entered into pursuant to these provisions into the State Parks and Recreation Fund, to be available to the department, upon appropriation by the Legislature, for the protection, conservation, and restoration of resources of the state park system. The bill would provide an additional exception to the prohibition on commercial exploitation for qualified institutions of higher education, nonprofit research institutions, and individuals to
commercialize the results of scientific investigations or progeny of a specimen, or both of those things, conducted pursuant to a scientific research permit, if they have received a commercialization permit from the director.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 5001.65 of the Public Resources Code is amended to read:5001.65.
(a) Commercial exploitation of resources in units of the state park system is(1) Slant or directional drilling for oil or gas with the intent of extracting
deposits underlying the Tule Elk State Reserve in Kern County is permissible in accordance with Section 6854. Commercial fishing is permissible,
(2) Commercial fishing, unless otherwise restricted, in state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas.
(3) Qualified institutions of higher education, nonprofit research institutions, and individuals may commercialize the results of
scientific investigations or progeny of a specimen, or both of those things, conducted pursuant to a scientific research permit, if they have received a commercialization permit from the director.
Qualified
(b) Qualified institutions of higher education, nonprofit research institutions, and individuals shall be encouraged to conduct nondestructive forms of scientific investigation within state park system units,
including nondestructive collection of scientific specimens for scientific research purposes, upon receiving prior approval of a scientific research permit from the director.
The
(c) The taking of mineral specimens for recreational purposes from state beaches, state recreation areas, or state vehicular recreation areas is permitted upon receiving prior approval of the
director.
(d) (1) The director may issue scientific research permits for purposes of subdivision (b) and commercialization permits to qualified institutions of higher education, nonprofit research institutions, and individuals for purposes of paragraph (3) of subdivision (a).
(2) (A) The director, in the director’s discretion, may issue a commercialization permit only if the qualified institution of higher education, nonprofit research institution, or individual seeking the permit has done all of the following:
(i) Identified the research results or the particular specimen progeny, or both, to be commercialized and the specific commercial application.
(ii) Demonstrated that the commercial application identified pursuant to clause (i) will provide a compelling public benefit to the state and is compatible with the department’s mission.
(iii) Demonstrated that no further collection of specimens or disturbance of state park system resources will be required for the commercial application identified pursuant to clause (i).
(iv) Executed a benefit sharing agreement with the department that includes a percentage of monetary or other nonmonetary benefits to be provided to the department resulting from the commercial application identified pursuant to clause (i).
(v) Agreed to any other required terms and
conditions of the department and paid any required application and administrative fees to the department.
(B) A commercialization permit issued pursuant to subparagraph (A) shall be limited to the research results or the particular specimen progeny, as applicable, and the specific commercial application identified pursuant to clause (i) of subparagraph (A).
(3) (A) The department may set and collect application and permit fees for scientific research permits and commercialization permits in an amount not to exceed the reasonable regulatory cost of issuing and enforcing those permits.
(B) The department shall deposit fees collected pursuant to subparagraph (A) and the proceeds collected from a benefit sharing agreement entered into pursuant to clause (iv) of subparagraph (A) of paragraph (2) into
the State Parks and Recreation Fund, to be available to the department, upon appropriation by the Legislature, for the protection, conservation, and restoration of resources of the state park system.
It is the intent of the Legislature to later enact legislation that would expand the opportunities for scientific investigation within the California state park system pursuant to Section 5001.65 of the Public Resources Code.
