Bill Text: CA SB442 | 2019-2020 | Regular Session | Amended
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
Assembly
July 03, 2019 |
Amended
IN
Senate
March 25, 2019 |
Introduced by Senator Dodd |
February 21, 2019 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOBill 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:(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.
(c)
(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.