Bill Text: CA SB442 | 2019-2020 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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Amended  IN  Assembly  July 03, 2019

Amended  IN  Senate  March 25, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill

No. 442

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Introduced by Senator Dodd

February 21, 2019

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An act to amend Section 5001.65 of of, and to add Section 5001.67 to, the Public Resources Code, relating to state parks.

LEGISLATIVE COUNSEL'S DIGEST

SB 442, as amended, Dodd. State parks: resource exploitation exceptions: scientific 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 authorize the director to issue scientific research permits and commercialization permits to qualified institutions of higher education, nonprofit research institutions, and individuals. and individuals to authorize an applicant to commercialize the results of scientific research, scientific investigation, progeny of a specimen, or any combination of those things, based upon approved scientific investigation within state park system units, if the applicant has completed specified conditions, including entering into a benefits sharing agreement with the director. The bill would authorize the director, in the director’s discretion, to issue a commercialization permit only enter into a benefits sharing agreement if the applicant seeking the a commercialization permit meets certain conditions, has taken certain actions 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 identified the commercial application and the results of scientific research, scientific investigation, or the particular specimen progeny, or any combination of those things, to be used in the commercial application. The bill would require the benefits sharing agreement to describe the department’s compensable interest in the identified commercial application. The bill would authorize the department to set and collect application and permit fees for scientific research permits and commercialization fees for permits issued pursuant to these provisions in an amount not to exceed the reasonable regulatory cost costs of issuing and enforcing those permits. The bill would require the department to deposit those fees and the proceeds collected from a benefit benefits 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. of resources in state park system units for the commercialization of the results of scientific research, scientific investigation, or progeny of a specimen pursuant to these provisions. The bill would require the department to post, and update annually, certain information regarding approved commercialization applications on its internet website.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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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 prohibited, except all of the following is permissible:

(1) Slant or directional drilling for oil or gas with the intent of extracting deposits underlying the Tule Elk State Reserve in Kern County in accordance with Section 6854.

(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.

(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 a scientific research permit from the director.

(3) The commercialization of the results of scientific research, scientific investigations, or progeny of a specimen consistent with the requirements of Section 5001.67.

(c)

(b) 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.

SEC. 2.

 Section 5001.67 is added to the Public Resources Code, to read:

5001.67.

 (a) Qualified institutions and individuals shall be encouraged to conduct nondestructive forms of scientific investigation within state park system units, upon receiving prior approval from the director.

(b) The director may issue a commercialization permit to authorize an applicant to commercialize the results of scientific research, scientific investigation, progeny of a specimen, or any combination of those things, based upon an approved scientific investigation within state park system units pursuant to subdivision (a), if the applicant has completed all of the following:

(1) Published or otherwise placed into the public domain the results of their scientific research, scientific investigation, or progeny of a specimen.

(2) Agreed not to commercialize any of their research results until entering into a benefits sharing agreement with the department.

(3) Entered into a benefits sharing agreement issued pursuant to this section.

(c) The director, in the director’s discretion, may enter into a benefits sharing agreement with an applicant for purposes of subdivision (b) if the applicant has taken the following actions:

(1) Identified the commercial application and the results of scientific research, scientific investigation, or the particular specimen progeny, or any combination of those things, to be used in the commercial application.

(2) Described how the commercial application identified pursuant to paragraph (1) will provide a compelling public benefit to the state, particularly those that enhance resource protection and management.

(3) Demonstrated that no further collection of specimens or disturbance of state park system resources will be required for the commercial application identified pursuant to paragraph (1).

(4) Agreed to any other required terms and conditions of the department and paid any required application and administrative fees to the department.

(d) A benefits sharing agreement entered into pursuant to subdivision (c) shall be limited to the results of scientific research, scientific investigation, or the progeny of a specimen, as applicable, and the specific commercial application identified in paragraph (1) of subdivision (c), and shall describe the department’s compensable interest in the commercial application. Among other considerations, the department’s compensable interest may include equitable monetary or other nonmonetary benefits to be provided to the department resulting from the commercial application identified in paragraph (1) of subdivision (c). A benefits sharing agreement shall not be approved solely for its revenue producing potential.

(e) The department may set and collect application fees for permits consistent with this section in an amount not to exceed the reasonable costs of issuing and enforcing those permits.

(f) The department shall deposit fees collected pursuant to subdivision (e) and the proceeds collected from a benefits sharing agreement entered into pursuant to this section 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 that any moneys deposited in the State Parks and Recreation Fund pursuant to this section are in addition to and do not supplant or replace any existing state funding for the operation and maintenance of the state park system.

(g) The department shall post, and update annually, information regarding approved commercialization applications, including the applicant’s name, the park unit affected, a brief description of the project permitted, and a summary of the benefits sharing agreement, on its internet website.

(h) Nothing in this section relieves any applicant from compliance with state and federal laws and regulations, including permit requirements.