BILL NUMBER: SB 1473 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 25, 2016
PASSED THE ASSEMBLY AUGUST 18, 2016
AMENDED IN ASSEMBLY AUGUST 11, 2016
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN SENATE MARCH 30, 2016
INTRODUCED BY Committee on Natural Resources and Water (Senators
Pavley (Chair), Allen, Hertzberg, Hueso, Jackson, Monning, Stone,
Vidak, and Wolk)
FEBRUARY 29, 2016
An act to amend Sections 200, 460, 1053.5, 2076.5, and 7120 of, to
amend the heading of Article 1 (commencing with Section 200) of
Chapter 2 of Division 1 of, to amend the heading of Chapter 2
(commencing with Section 200) of Division 1 of, to amend and renumber
Section 206 of, to add Chapter 3.5 (commencing with Section 399) to
Division 1 of, to add Article 1.5 (commencing with Section 7110) to
Chapter 1 of Part 2 of Division 6 of, to repeal Sections 202, 204,
205.1, 207, 210, 211, 215, 217.5, 217.6, 218, 220, and 300 of, to
repeal Article 1.5 (commencing with Section 240) of Chapter 2 of
Division 1 of, and to repeal and add Article 2 (commencing with
Section 250) of Chapter 2 of Division 1 of, the Fish and Game Code,
to amend Section 11343.4 of the Government Code, to amend Section
131052 of the Health and Safety Code, to amend Sections 5080.18,
30315, and 30621 of the Public Resources Code, and to repeal Chapter
1700 of the Statutes of 1967, relating to natural resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 1473, Committee on Natural Resources and Water. Natural
resources.
The California Constitution provides for the delegation to the
Fish and Game Commission of powers relating to the protection and
propagation of fish and game. Existing statutory law delegates to the
commission the power to regulate the taking or possession of birds,
mammals, fish, amphibians, and reptiles, except as provided. Existing
law establishes procedures that are specific to regulations adopted
by the commission pursuant to this authority.
This bill would clarify that those procedures apply generally to
any commission regulation that governs the take or possession of any
bird, mammal, fish, amphibian, or reptile, except as provided. The
bill would conform certain commission rulemaking procedures to the
rulemaking procedures of the Administrative Procedure Act. The bill
would delete obsolete and superfluous provisions, make organizational
changes, delete obsolete cross references, and make other conforming
changes.
Existing law confirms a 1949 grant of tidelands and submerged
lands in trust to the City of Santa Monica, with the exception of
certain described lands reserved to the state, subject to certain
conditions. Existing law authorizes additional uses of those lands
relating to the construction of transportation infrastructure and
public facilities, authorizes the city to execute franchises and
leases for terms not exceeding 99 years with respect to those lands,
authorizes expenditure of revenues from the granted lands for
specified purposes, and authorizes the city to sell its interest in
portions of the granted lands to the state for freeway or park
purposes. Existing law also grants certain tidelands and submerged
lands in trust to the City of Los Angeles and the County of Los
Angeles, subject to the same conditions and authorized uses. Under
existing law, those provisions are not operative unless and until a
specified master plan is reviewed by the State Lands Commission and
approved by the Legislature. Existing law authorizes the City of
Santa Monica, the City of Los Angeles, and the County of Los Angeles
to enter into a joint exercise of powers agreement to accomplish
their common purposes with respect to the granted lands, and requires
the net revenues from the granted lands to be divided between the
state and local jurisdictions, as provided. Existing law requires
title to the granted lands to revert to the state if those lands are
not improved in accordance with the master plan within 10 years after
approval of the master plan, subject to the rights of any lessee,
franchise holder, or holder of any security interest or other
contractual privilege with respect to the lands.
This bill would repeal those provisions. As a result, the bill
would restore the 1949 grant of tidelands and submerged lands in
trust to the City of Santa Monica, subject to the terms and
conditions of that grant, and, with respect to those tidelands and
submerged lands granted to the City of Los Angeles and the County of
Los Angeles, would restore jurisdiction over those lands to the State
Lands Commission.
Existing law authorizes the Department of Parks and Recreation to
enter into contracts with natural persons, corporations,
partnerships, and associations for the construction, maintenance, and
operation of concessions within units of the state park system.
Existing law requires those concession contracts to contain certain
specified provisions, including a provision that the maximum term
shall be 10, 20, or 50 years depending on certain conditions.
Notwithstanding those provisions, existing law authorizes the term
to exceed 20 years for a concession agreement at Will Rogers State
Beach executed prior to December 31, 1997, as provided, upon approval
by the Director of Parks and Recreation and pursuant to a
determination by the Director of Parks and Recreation that the longer
term is necessary to allow the concessionaire to amortize
improvements made by the concessionaire that are anticipated to
exceed $1,500,000 in capital improvements. Existing law prohibits an
extension of the term from exceeding 15 years.
This bill would instead authorize the concession agreement to be
awarded for up to 50 years in length and would delete the limitation
that the concession agreement be executed before December 31, 1997.
The bill would also delete the provision limiting an extension of the
term of the concession agreement from exceeding 15 years.
This bill would incorporate additional changes to Section 7120 of
the Fish and Game Code proposed by SB 345 to be operative only if SB
345 and this bill are chaptered and become effective on or before
January 1, 2017, and this bill is chaptered last.
This bill would incorporate additional changes to Section 131052
of the Health and Safety Code proposed by SB 1287 to be operative
only if SB 1287 and this bill are chaptered and become effective on
or before January 1, 2017, and this bill is chaptered last.
This bill would incorporate additional changes to Section 5080.18
of the Public Resources Code proposed by AB 2249 to be operative only
if AB 2249 and this bill are chaptered and become effective on or
before January 1, 2017, and this bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The heading of Chapter 2 (commencing with Section 200)
of Division 1 of the Fish and Game Code is amended to read:
CHAPTER 2. REGULATION OF TAKE AND POSSESSION GENERALLY
SEC. 2. The heading of Article 1 (commencing with Section 200) of
Chapter 2 of Division 1 of the Fish and Game Code is amended to read:
Article 1. Authority
SEC. 3. Section 200 of the Fish and Game Code is amended to read:
200. (a) There is hereby delegated to the commission the power to
regulate the taking or possession of birds, mammals, fish,
amphibians, and reptiles.
(b) No power is delegated to the commission by this section to
regulate either of the following:
(1) The taking, possessing, processing, or use of fish,
amphibians, kelp, or other aquatic plants for commercial purposes.
(2) The taking or possession of a spike buck or spotted fawn.
"Spotted fawn" means a deer one year of age or less that has spotted
pelage. "Spike buck" means a male deer with unbranched antlers on
both sides that are more than three inches in length.
(c) This section and any regulations adopted pursuant to this
section have no effect on any provision of this code or any
regulation adopted pursuant to this code that relates to a matter
described in paragraph (1) of subdivision (b).
SEC. 4. Section 202 of the Fish and Game Code is repealed.
SEC. 5. Section 204 of the Fish and Game Code is repealed.
SEC. 6. Section 205.1 of the Fish and Game Code is repealed.
SEC. 7. Section 206 of the Fish and Game Code is amended and
renumbered to read:
110. (a) The commission shall hold no fewer than eight regular
meetings per calendar year, if the commission has adequate funding
for related travel, including funding for department travel. The
commission may also hold special meetings or hearings to receive
additional input from the department and the public.
(b) The commission shall announce the dates and locations of
meetings for the year by January 1 of that year, or 60 days prior to
the first meeting, whichever comes first. Meeting locations shall be
accessible to the public and located throughout the state. To the
extent feasible, meetings shall be held in state facilities. In
setting the dates and locations for regular meetings, the commission
shall also consider the following factors:
(1) Recommendations of the department.
(2) Opening and closing dates of fishing and hunting seasons.
(3) The schedules of other state and federal regulatory agencies
whose regulations affect the management of fish and wildlife of this
state.
(c) The commission shall cause the notice of the schedule for
regular meetings, and notice of any change in the date and location
of a meeting, to be disseminated to the public in a manner that will
result in broad dissemination and that complies with the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
SEC. 8. Section 207 of the Fish and Game Code is repealed.
SEC. 9. Section 210 of the Fish and Game Code is repealed.
SEC. 10. Section 211 of the Fish and Game Code is repealed.
SEC. 11. Section 215 of the Fish and Game Code is repealed.
SEC. 12. Section 217.5 of the Fish and Game Code is repealed.
SEC. 13. Section 217.6 of the Fish and Game Code is repealed.
SEC. 14. Section 218 of the Fish and Game Code is repealed.
SEC. 15. Section 220 of the Fish and Game Code is repealed.
SEC. 16. Article 1.5 (commencing with Section 240) of Chapter 2 of
Division 1 of the Fish and Game Code is repealed.
SEC. 17. Article 2 (commencing with Section 250) of Chapter 2 of
Division 1 of the Fish and Game Code is repealed.
SEC. 18. Article 2 (commencing with Section 250) is added to
Chapter 2 of Division 1 of the Fish and Game Code, to read:
Article 2. Procedure
250. (a) Except as provided in subdivision (b), this article
applies to a commission regulation that governs the take or
possession of any bird, mammal, fish, amphibian, or reptile.
(b) This article does not apply to a regulation governed by
subdivision (b) of Section 200 or Section 201.
(c) Except as expressly provided, this article does not supersede
any other applicable law that governs the adoption, amendment, or
repeal of a regulation.
255. (a) When adopting, amending, or repealing a regulation
governed by this article, the commission shall conduct the following
steps at separate public meetings:
(1) Approve the submission of a notice of proposed action to the
Office of Administrative Law.
(2) Consider public comment on the proposed action. The department
shall participate in this process by reviewing and responding to all
public comment.
(3) Make a final decision on the proposed action.
(b) The meetings required by this section may be regular or
special meetings.
(c) The meetings required by this section shall be duly noticed to
the public in accordance with subdivision (c) of Section 110 and the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(d) Within 45 days after the commission makes a final decision to
adopt, amend, or repeal a regulation governed by this article, the
department shall publish and distribute the regulation to each county
clerk, district attorney, and judge of the superior court in the
state.
260. (a) The commission and the department may do anything that
is deemed necessary and proper to publicize and distribute a
regulation governed by this article so that persons likely to be
affected will be informed of them. The failure of the commission to
provide any notice of a regulation governed by this article, beyond
what is required by Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, does not
impair the validity of the regulations.
(b) Notwithstanding any other law, the commission and the
department may contract with private entities to print regulations
governed by this article, and other public information. The printing
contract shall include criteria to ensure that the public information
provided in the publication is easy to reference, read, and
understand.
(c) Printing contracts authorized by this section for which no
state funds are expended are not subject to Chapter 2 (commencing
with Section 10290) of Part 2 of Division 2 of the Public Contract
Code, except for Article 2 (commencing with Section 10295) of Chapter
2 of Part 2 of Division 2 of the Public Contract Code.
(d) Material printed pursuant to subdivision (b) that contains
advertisements shall meet all specifications prescribed by the
department. The printed material shall not contain advertisements for
tobacco products, alcohol, firearms, and devices prohibited pursuant
to Section 32625 of the Penal Code, Article 2 (commencing with
Section 30600) of Chapter 2 of Division 10 of Title 4 of Part 6 of
the Penal Code, or any provision listed in Section 16590 of the Penal
Code, or firearms not authorized by the commission as a legal method
of sport hunting, political statements, solicitations for membership
in organizations, or any other statement, solicitation, or product
advertisement that is in conflict with the purposes for which the
material is produced, as determined by the commission.
(e) Neither the department nor the commission shall contract with
private entities to print the materials described in subdivision (b)
if the letting of those contracts will result in the elimination of
civil service positions.
(f) The department or the license agent may give a copy of the
current applicable published regulations governed by this article to
each person issued a license, at the time the license is issued.
265. A regulation governed by this article is not subject to the
time periods for the adoption, amendment, or repeal of a regulation
prescribed in Sections 11343.4, 11346.4, 11346.8, and 11347.1 of the
Government Code.
270. The adoption, amendment, or repeal of a regulation governed
by this article shall become effective at the time specified in the
regulation, but not sooner than the date of the filing.
275. A regulation governed by this article shall remain in effect
for the period specified in the regulation or until superseded by
subsequent regulation of the commission or by statute.
SEC. 19. Section 300 of the Fish and Game Code is repealed.
SEC. 20. Chapter 3.5 (commencing with Section 399) is added to
Division 1 of the Fish and Game Code, to read:
CHAPTER 3.5. EMERGENCY REGULATIONS
399. Notwithstanding any other provision of this code, the
commission, when adopting, amending, or repealing a regulation
pursuant to authority vested in it by this code, may, after at least
one hearing, adopt, amend, or repeal that regulation pursuant to
Section 11346.1 of the Government Code, if it makes either of the
following findings:
(a) That the adoption, amendment, or repeal is necessary for the
immediate conservation, preservation, or protection of birds,
mammals, fish, amphibians, or reptiles, including, but not limited
to, their nests or eggs.
(b) That the adoption, amendment, or repeal is necessary for the
immediate preservation of the public peace, health and safety, or
general welfare.
SEC. 21. Section 460 of the Fish and Game Code is amended to read:
460. Prior to each meeting of the commission at which the
commission considers the regulation of deer and takes action pursuant
to paragraph (1) of subdivision (a) of Section 255, the department
shall recommend to the commission those deer herd units to be placed
under a general deer hunting season. At the same time, the department
shall recommend to the commission, subject to the provisions of
Sections 458 and 459, whether any antlerless deer should be taken and
in what deer herd units antlerless deer are to be taken. If in the
judgment of the department there are deer herd units in which hunting
pressure would adversely affect the deer herd, impair the hunting
experience, or endanger the public safety, the department shall also
recommend to the commission those deer herd units where hunter
numbers should be restricted and which should be removed from the
general deer hunting season designation. The department shall inform
the commission of the condition of each deer herd unit. Upon receipt
of the recommendations and information required in this section, the
commission shall make that material known to the public and its
determinations regarding proposed regulations. The recommendations of
the department shall, in accordance with the provisions of Sections
458 and 459, include the number, if any, of antlerless deer that
should be taken in deer herd units, whether the permits should be
either-sex permits, the proposed dates for the taking, and the number
of permits proposed for each deer herd unit. At the same time, the
department shall recommend the establishment of any hunter-restricted
quota units, if needed, and the number of the quota and manner in
which the quota permits should be issued.
SEC. 22. Section 1053.5 of the Fish and Game Code is amended to
read:
1053.5. Applicants for hunting licenses shall first
satisfactorily complete a hunter education equivalency examination
and obtain a certificate of equivalency as provided by regulations
adopted by the commission, or show proof of completion of a hunter
education training course, or show a previous year's hunting license.
SEC. 23. Section 2076.5 of the Fish and Game Code is amended to
read:
2076.5. Notwithstanding Sections 2071 to 2075.5, inclusive, the
commission may adopt a regulation that adds a species to the list of
endangered species or to the list of threatened species as an
emergency regulation pursuant to Chapter 3.5 (commencing with Section
399) of Division 1 if the commission finds that there is any
emergency posing a significant threat to the continued existence of
the species. The commission shall notify affected or interested
persons of the adoption of the emergency regulation pursuant to the
methods described in Section 2074.4.
SEC. 24. Article 1.5 (commencing with Section 7110) is added to
Chapter 1 of Part 2 of Division 6 of the Fish and Game Code, to read:
Article 1.5. Sport Fishing Regulations
7110. (a) The commission may establish by regulation an automatic
process to conform its sport fishing regulations to federal
regulations.
(b) Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code does not apply to
conforming actions implemented pursuant to the automatic process
specified in subdivision (a).
(c) The department shall provide public notice of a conforming
action implemented pursuant to this section.
7115. (a) The department shall identify property it owns or
manages that includes areas for sport fishing accessible to persons
with disabilities.
(b) Commencing with the booklet of sport fishing regulations
published by the commission in 1986, the availability of sport
fishing areas, identified by the department as accessible to persons
with disabilities under subdivision (a), shall be noted in the
booklet of regulations, together with telephone numbers and
instructions for obtaining a list of those areas from regional
department offices.
(c) Commencing with the booklet of sport fishing regulations
published in 1987, the booklet shall also contain any human health
advisories relating to fish that are formally issued by the State
Department of Public Health, or summaries of those human health
advisories. The summaries shall be prepared in consultation with the
State Department of Public Health.
SEC. 25. Section 7120 of the Fish and Game Code is amended to
read:
7120. It is unlawful for any person to possess more than one
daily bag limit of any fish taken under a license issued pursuant to
Section 714 or Article 3 (commencing with Section 7145) unless
authorized by regulations adopted by the commission.
SEC. 25.5. Section 7120 of the Fish and Game Code is amended to
read:
7120. Except as provided in Section 7122, it is unlawful for any
person to possess more than one daily bag limit of any fish taken
under a license issued pursuant to Section 714 or Article 3
(commencing with Section 7145) unless authorized by regulations
adopted by the commission.
SEC. 26. Section 11343.4 of the Government Code is amended to
read:
11343.4. (a) Except as otherwise provided in subdivision (b), a
regulation or an order of repeal required to be filed with the
Secretary of State shall become effective on a quarterly basis as
follows:
(1) January 1 if the regulation or order of repeal is filed on
September 1 to November 30, inclusive.
(2) April 1 if the regulation or order of repeal is filed on
December 1 to February 29, inclusive.
(3) July 1 if the regulation or order of repeal is filed on March
1 to May 31, inclusive.
(4) October 1 if the regulation or order of repeal is filed on
June 1 to August 31, inclusive.
(b) The effective dates in subdivision (a) shall not apply in all
of the following:
(1) The effective date is specifically provided by the statute
pursuant to which the regulation or order of repeal was adopted, in
which event it becomes effective on the day prescribed by the
statute.
(2) A later date is prescribed by the state agency in a written
instrument filed with, or as part of, the regulation or order of
repeal.
(3) The agency makes a written request to the office demonstrating
good cause for an earlier effective date, in which case the office
may prescribe an earlier date.
(4) (A) A regulation adopted by the Fish and Game Commission that
is governed by Article 2 (commencing with Section 250) of Chapter 2
of Division 1 of the Fish and Game Code.
(B) A regulation adopted by the Fish and Game Commission that
requires a different effective date in order to conform to a federal
regulation.
SEC. 27. Section 131052 of the Health and Safety Code is amended
to read:
131052. In implementing the transfer of jurisdiction pursuant to
this article, the State Department of Public Health succeeds to and
is vested with all the statutory duties, powers, purposes,
responsibilities, and jurisdiction of the former State Department of
Health Services as they relate to public health as provided for or
referred to in all of the following provisions of law:
(1) Sections 550, 555, 650, 680, 1241, 1658, 2221.1, 2248.5, 2249,
2259, 2259.5, 2541.3, 2585, 2728, 3527, 4017, 4027, 4037, 4191,
19059.5, 19120, 22950, 22973.2, and 22974.8 of the Business and
Professions Code.
(2) Sections 56.17, 1812.508, and 1812.543 of the Civil Code.
(3) Sections 8286, 8803, 17613, 32064, 32065, 32066, 32241, 49030,
49405, 49414, 49423.5, 49452.6, 49460, 49464, 49565, 49565.8,
49531.1, 56836.165, and 76403 of the Education Code.
(4) Sections 405, 6021, 6026, 18963, 30852, 41302, and 78486 of
the Food and Agricultural Code.
(5) Sections 307, 355, 422, 7572, 7574, 8706, 8817, and 8909 of
the Family Code.
(6) Sections 1786, 4011, 5671, 5674, 5700, 5701, 5701.5, 7115,
7715, and 15700 of the Fish and Game Code.
(7) Sections 855, 51010, and 551017.1 of the Government Code. For
purposes of subdivision (s) of Section 6254 of the Government Code,
the term "State Department of Health Services" is hereby deemed to
refer to the State Department of Public Health.
(8) (A) Sections 475, 1180.6, 1418.1, 1422.1, 1428.2, 1457, 1505,
1507.1, 1507.5, 1570.7, 1599.2, 1599.60, 1599.75, 1599.87, 2002,
2804, 11362.7, 11776, 11839.21, 11839.23, 11839.24, 11839.25,
11839.26, 11839.27, 11839.28, 11839.29, 11839.30, 11839.31, 11839.32,
11839.33, 11839.34, 17920.10, 17961, 18897.2, 24185, 24186, 24187,
24275, 26101, 26122, 26134, 26155, 26200, and 26203.
(B) Chapters 1, 2, 2.05, 2.3, 2.35, 2.4, 3.3, 3.9, 3.93, 3.95, 4,
4.1, 4.5, 5, 6, 6.5, 8, 8.3, 8.5, 8.6, 9, and 11 of Division 2.
(C) Articles 2 and 4 of Chapter 2, Chapter 3, and Chapter 4 of
Part 1, Part 2 and Part 3 of Division 101.
(D) Division 102, including Sections 102230 and 102231.
(E) Division 103, including Sections 104145, 104181, 104182,
104182.5, 104187, 104191, 104192, 104193, 104316, 104317, 104318,
104319, 104320, 104321, 104324.2, 104324.25, 104350, 105191, 105251,
105255, 105280, 105340, and 105430.
(F) Division 104, including Sections 106615, 106675, 106770,
108115, 108855, 109282, 109910, 109915, 112155, 112500, 112650,
113355, 114460, 114475, 114650, 114710, 114850, 114855, 114985,
115061, 115261, 115340, 115736, 115880, 115885, 115915, 116064,
116183, 116270, 116365.5, 116366, 116375, 116610, 116751, 116760.20,
116825, 117100, 117924, and 119300.
(G) Division 105, including Sections 120262, 120381, 120395,
120440, 120480, 120956, 120966, 121155, 121285, 121340, 121349.1,
121480, 122410, and 122420.
(H) Part 1, Part 2 excluding Articles 5, 5.5, 6, and 6.5 of
Chapter 3, Part 3 and Part 5 excluding Articles 1 and 2 of Chapter 2,
Part 7, and Part 8 of Division 106.
(9) Sections 799.03, 10123.35, 10123.5, 10123.55, 10123.10,
10123.184, and 11520 of the Insurance Code.
(10) Sections 50.8, 142.3, 144.5, 144.7, 147.2, 4600.6, 6307.1,
6359, 6712, 9009, and 9022 of the Labor Code.
(11) Sections 4018.1, 5008.1, 7501, 7502, 7510, 7511, 7515, 7518,
7530, 7550, 7553, 7575, 7576, 11010, 11174.34, and 13990 of the Penal
Code.
(12) Section 4806 of the Probate Code.
(13) Sections 15027, 25912, 28004, 30950, 41781.1, 42830, 43210,
43308, 44103, and 71081 of the Public Resources Code.
(14) Section 10405 of the Public Contract Code.
(15) Sections 883, 1507, and 7718 of the Public Utilities Code.
(16) Sections 18833, 18838, 18845.2, 18846.2, 18847.2, 18863,
30461.6, 43010.1, and 43011.1 of the Revenue and Taxation Code.
(17) Section 11020 of the Unemployment Insurance Code.
(18) Sections 22511.55, 23158, 27366, and 33000 of the Vehicle
Code.
(19) Sections 5326.9, 5328, 5328.15, 14132, 16902, and 16909, and
Division 24 of the Welfare and Institutions Code. Payment for
services provided under the Family Planning, Access, Care, and
Treatment (Family PACT) Waiver Program pursuant to subdivision (aa)
of Section 14132 and Division 24 shall be made through the State
Department of Health Care Services. The State Department of Public
Health and the State Department of Health Care Services may enter
into an interagency agreement for the administration of those
payments. This paragraph, to the extent that it applies to the Family
PACT Waiver Program, shall become inoperative on June 30, 2012.
(20) Sections 13176, 13177.5, 13178, 13193, 13390, 13392, 13392.5,
13393.5, 13395.5, 13396.7, 13521, 13522, 13523, 13528, 13529,
13529.2, 13550, 13552.4, 13552.8, 13553, 13553.1, 13554, 13554.2,
13816, 13819, 13820, 13823, 13824, 13825, 13827, 13830, 13834, 13835,
13836, 13837, 13858, 13861, 13862, 13864, 13868, 13868.1, 13868.3,
13868.5, 13882, 13885, 13886, 13887, 13891, 13892, 13895.1, 13895.6,
13895.9, 13896, 13896.3, 13896.4, 13896.5, 13897, 13897.4, 13897.5,
13897.6, 13898, 14011, 14012, 14015, 14016, 14017, 14019, 14022,
14025, 14026, 14027, and 14029 of the Water Code.
SEC. 27.5. Section 131052 of the Health and Safety Code is amended
to read:
131052. In implementing the transfer of jurisdiction pursuant to
this article, the State Department of Public Health succeeds to and
is vested with all the statutory duties, powers, purposes,
responsibilities, and jurisdiction of the former State Department of
Health Services as they relate to public health as provided for or
referred to in all of the following provisions of law:
(1) Sections 550, 555, 650, 680, 1241, 1658, 2221.1, 2248.5, 2249,
2259, 2259.5, 2541.3, 2585, 2728, 3527, 4017, 4027, 4037, 4191,
19059.5, 19120, 22950, 22973.2, and 22974.8 of the Business and
Professions Code.
(2) Sections 56.17, 1812.508, and 1812.543 of the Civil Code.
(3) Sections 8286, 8803, 17613, 32064, 32065, 32066, 32241, 49030,
49405, 49414, 49423.5, 49452.6, 49460, 49464, 49565, 49565.8,
49531.1, 56836.165, and 76403 of the Education Code.
(4) Sections 405, 6021, 6026, 18963, 30852, 41302, and 78486 of
the Food and Agricultural Code.
(5) Sections 307, 355, 422, 7572, 7574, 8706, 8817, and 8909 of
the Family Code.
(6) Sections 1786, 4011, 5523, 5671, 5674, 5700, 5701, 5701.5,
7115, and 15700 of the Fish and Game Code.
(7) Sections 855, 51010, and 551017.1 of the Government Code. For
purposes of subdivision (s) of Section 6254 of the Government Code,
the term "State Department of Health Services" is hereby deemed to
refer to the State Department of Public Health.
(8) (A) Sections 475, 1180.6, 1418.1, 1422.1, 1428.2, 1457, 1505,
1507.1, 1507.5, 1570.7, 1599.2, 1599.60, 1599.75, 1599.87, 2002,
2804, 11362.7, 11776, 11839.21, 11839.23, 11839.24, 11839.25,
11839.26, 11839.27, 11839.28, 11839.29, 11839.30, 11839.31, 11839.32,
11839.33, 11839.34, 17920.10, 17961, 18897.2, 24185, 24186, 24187,
24275, 26101, 26122, 26134, 26155, 26200, and 26203.
(B) Chapters 1, 2, 2.05, 2.3, 2.35, 2.4, 3.3, 3.9, 3.93, 3.95, 4,
4.1, 4.5, 5, 6, 6.5, 8, 8.3, 8.5, 8.6, 9, and 11 of Division 2.
(C) Articles 2 and 4 of Chapter 2, Chapter 3, and Chapter 4 of
Part 1, Part 2 and Part 3 of Division 101.
(D) Division 102, including Sections 102230 and 102231.
(E) Division 103, including Sections 104145, 104181, 104182,
104182.5, 104187, 104191, 104192, 104193, 104316, 104317, 104318,
104319, 104320, 104321, 104324.2, 104324.25, 104350, 105191, 105251,
105255, 105280, 105340, and 105430.
(F) Division 104, including Sections 106615, 106675, 106770,
108115, 108855, 109282, 109910, 109915, 112155, 112500, 112650,
113355, 114460, 114475, 114650, 114710, 114850, 114855, 114985,
115061, 115261, 115340, 115736, 115880, 115885, 115915, 116064,
116183, 116270, 116365.5, 116366, 116375, 116610, 116751, 116760.20,
116825, 117100, 117924, and 119300.
(G) Division 105, including Sections 120262, 120381, 120395,
120440, 120480, 120956, 120966, 121155, 121285, 121340, 121349.1,
121480, 122410, and 122420.
(H) Part 1, Part 2 excluding Articles 5, 5.5, 6, and 6.5 of
Chapter 3, Part 3 and Part 5 excluding Articles 1 and 2 of Chapter 2,
Part 7, and Part 8 of Division 106.
(9) Sections 799.03, 10123.35, 10123.5, 10123.55, 10123.10,
10123.184, and 11520 of the Insurance Code.
(10) Sections 50.8, 142.3, 144.5, 144.7, 147.2, 4600.6, 6307.1,
6359, 6712, 9009, and 9022 of the Labor Code.
(11) Sections 4018.1, 5008.1, 7501, 7502, 7510, 7511, 7515, 7518,
7530, 7550, 7553, 7575, 7576, 11010, 11174.34, and 13990 of the Penal
Code.
(12) Section 4806 of the Probate Code.
(13) Sections 15027, 25912, 28004, 30950, 41781.1, 42830, 43210,
43308, 44103, and 71081 of the Public Resources Code.
(14) Section 10405 of the Public Contract Code.
(15) Sections 883, 1507, and 7718 of the Public Utilities Code.
(16) Sections 18833, 18838, 18845.2, 18846.2, 18847.2, 18863,
30461.6, 43010.1, and 43011.1 of the Revenue and Taxation Code.
(17) Section 11020 of the Unemployment Insurance Code.
(18) Sections 22511.55, 23158, 27366, and 33000 of the Vehicle
Code.
(19) Sections 5326.9, 5328, 5328.15, 14132, 16902, and 16909, and
Division 24 of the Welfare and Institutions Code. Payment for
services provided under the Family Planning, Access, Care, and
Treatment (Family PACT) Waiver Program pursuant to subdivision (aa)
of Section 14132 and Division 24 shall be made through the State
Department of Health Care Services. The State Department of Public
Health and the State Department of Health Care Services may enter
into an interagency agreement for the administration of those
payments. This paragraph, to the extent that it applies to the Family
PACT Waiver Program, shall become inoperative on June 30, 2012.
(20) Sections 13176, 13177.5, 13178, 13193, 13390, 13392, 13392.5,
13393.5, 13395.5, 13396.7, 13521, 13522, 13523, 13528, 13529,
13529.2, 13550, 13552.4, 13552.8, 13553, 13553.1, 13554, 13554.2,
13816, 13819, 13820, 13823, 13824, 13825, 13827, 13830, 13834, 13835,
13836, 13837, 13858, 13861, 13862, 13864, 13868, 13868.1, 13868.3,
13868.5, 13882, 13885, 13886, 13887, 13891, 13892, 13895.1, 13895.6,
13895.9, 13896, 13896.3, 13896.4, 13896.5, 13897, 13897.4, 13897.5,
13897.6, 13898, 14011, 14012, 14015, 14016, 14017, 14019, 14022,
14025, 14026, 14027, and 14029 of the Water Code.
SEC. 28. Section 5080.18 of the Public Resources Code is amended
to read:
5080.18. A concession contract entered into pursuant to this
article shall contain, but is not limited to, all of the following
provisions:
(a) (1) The maximum
term shall be 10 years, except that a term of more than 10 years may
be provided if the director determines that the longer term is
necessary to allow the concessionaire to amortize improvements made
by the concessionaire, to facilitate the full utilization of a
structure that is scheduled by the department for replacement or
redevelopment, or to serve the best interests of the state. The term
shall not exceed 20 years without specific authorization by statute.
Except as provided in Section 5080.16, all renewals of concession
contracts pursuant to this paragraph shall be subject to competitive
bidding requirements.
(2) The maximum term shall be 50 years if the concession contract
is for the construction, development, and operation of multiple-unit
lodging facilities equipped with full amenities, including plumbing
and electrical, that is anticipated to exceed an initial cost of one
million five hundred thousand dollars ($1,500,000) in capital
improvements in order to begin operation. The term for a concession
contract described in this paragraph shall not exceed 50 years
without specific authorization by statute. Except as provided in
Section 5080.16, all renewals of concession contracts pursuant to
this paragraph shall be subject to competitive bidding requirements.
(3) Notwithstanding paragraph (1), a concession agreement at Will
Rogers State Beach may be awarded for up to 50 years in length
without specific authorization by statute, upon approval by the
director and pursuant to a determination by the director that the
longer term is necessary to allow the concessionaire to amortize
improvements made by the concessionaire that are anticipated to
exceed one million five hundred thousand dollars ($1,500,000) in
capital improvements.
(b) Every concessionaire shall submit to the department all sales
and use tax returns and, at the request of the department, provide an
annual financial statement prepared or audited by a certified public
accountant.
(c) Every concession shall be subject to audit by the department.
(d) A performance bond shall be obtained and maintained by the
concessionaire. In lieu of a bond, the concessionaire may substitute
a deposit of funds acceptable to the department. Interest on the
deposit shall accrue to the concessionaire.
(e) The concessionaire shall obtain and maintain in force at all
times a policy of liability insurance in an amount adequate for the
nature and extent of public usage of the concession and naming the
state as an additional insured.
(f) Any discrimination by the concessionaire or his or her agents
or employees against any person because of the marital status or
ancestry of that person or any characteristic listed or defined in
Section 11135 of the Government Code is prohibited.
(g) To be effective, any modification of the concession contract
shall be evidenced in writing.
(h) Whenever a concession contract is terminated for substantial
breach, there shall be no obligation on the part of the state to
purchase any improvements made by the concessionaire.
SEC. 28.5. Section 5080.18 of the Public Resources Code is amended
to read:
5080.18. A concession contract entered into pursuant to this
article shall contain, but is not limited to, all of the following
provisions:
(a) (1) The maximum term shall be 10 years, except that a term of
more than 10 years may be provided if the director determines that
the longer term is necessary to allow the concessionaire to amortize
improvements made by the concessionaire, to facilitate the full
utilization of a structure that is scheduled by the department for
replacement or redevelopment, or to serve the best interests of the
state. The term shall not exceed 20 years without specific
authorization by statute. Except as provided in Section 5080.16, all
renewals of concession contracts pursuant to this paragraph shall be
subject to competitive bidding requirements.
(2) The maximum term shall be 50 years if the concession contract
is for the construction, development, and operation of multiple-unit
lodging facilities equipped with full amenities, including plumbing
and electrical, that is anticipated to exceed an initial cost of one
million five hundred thousand dollars ($1,500,000) in capital
improvements in order to begin operation. The term for a concession
contract described in this paragraph shall not exceed 50 years
without specific authorization by statute. Except as provided in
Section 5080.16, all renewals of concession contracts pursuant to
this paragraph shall be subject to competitive bidding requirements.
(3) Notwithstanding paragraph (1), a concession agreement at Will
Rogers State Beach may be awarded for up to 50 years in length
without specific authorization by statute, upon approval by the
director and pursuant to a determination by the director that the
longer term is necessary to allow the concessionaire to amortize
improvements made by the concessionaire that are anticipated to
exceed one million five hundred thousand dollars ($1,500,000) in
capital improvements.
(b) Every concessionaire shall submit to the department all sales
and use tax returns and, at the request of the department, provide an
annual financial statement prepared or audited by a certified public
accountant.
(c) Every concession shall be subject to audit by the department.
(d) A performance bond shall be obtained and maintained by the
concessionaire. In lieu of a bond, the concessionaire may substitute
a deposit of funds acceptable to the department. Interest on the
deposit shall accrue to the concessionaire.
(e) The concessionaire shall obtain and maintain in force at all
times a policy of liability insurance in an amount adequate for the
nature and extent of public usage of the concession and naming the
state as an additional insured.
(f) Any discrimination by the concessionaire or his or her agents
or employees against any person because of the marital status or
ancestry of that person or any characteristic listed or defined in
Section 11135 of the Government Code is prohibited.
(g) To be effective, any modification of the concession contract
shall be evidenced in writing.
(h) Whenever a concession contract is terminated for substantial
breach, there shall be no obligation on the part of the state to
purchase any improvements made by the concessionaire.
(i) If a concessionaire makes a legal claim or assertion to have a
trademark or service mark interest in violation of subdivision (a)
of Section 5080.22, the concessionaire shall forfeit the right to bid
on future state park concession contracts to the extent authorized
by federal law.
(j) If a current or former concessionaire in bad faith files a
federal or state trademark or service mark application for a
trademark or service mark that incorporates or implies an association
with a state park venue, or its historical, cultural, or
recreational resources, and the state files a successful opposition
or cancellation with respect to that trademark or service mark
application, the concessionaire shall be responsible for the state's
attorney fees, costs, and expenses associated with that opposition or
cancellation.
SEC. 29. Section 30315 of the Public Resources Code is amended to
read:
30315. (a) The commission shall meet at least 11 times annually
at a place convenient to the public. Each meeting shall occur not
more than 45 working days after the previous meeting. All meetings of
the commission shall be open to the public.
(b) A majority of the total appointed membership of the commission
shall constitute a quorum. An action taken by the commission under
this division requires a majority vote of the members present at the
meeting of the commission, with a quorum being present, unless
otherwise specifically provided for in this division.
SEC. 30. Section 30621 of the Public Resources Code is amended to
read:
30621. (a) The commission shall provide for a de novo public
hearing on applications for coastal development permits and any
appeals brought pursuant to this division and shall give to any
affected person a written public notice of the nature of the
proceeding and of the time and place of the public hearing. Notice
shall also be given to any person who requests, in writing, such
notification. A hearing on any coastal development permit application
or an appeal shall be set no later than 49 working days after the
date on which the application or appeal is filed with the commission.
(b) An appeal that is properly submitted shall be considered to be
filed when any of the following occurs:
(1) The executive director determines that the appeal is not
patently frivolous pursuant to subdivision (d) of Section 30620.
(2) The five-day period for the executive director to determine
whether an appeal is patently frivolous pursuant to subdivision (d)
of Section 30620 expires without that determination.
(3) The appellant pays the filing fee within the five-day period
set forth in subdivision (d) of Section 30620.
SEC. 31. Chapter 1700 of the Statutes of 1967 is repealed.
SEC. 32. Section 25.5 of this bill incorporates amendments to
Section 7120 of the Fish and Game Code proposed by both this bill and
Senate Bill 345. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017, (2)
each bill amends Section 7120 of the Fish and Game Code, and (3) this
bill is enacted after Senate Bill 345, in which case Section 25 of
this bill shall not become operative.
SEC. 33. Section 27.5 of this bill incorporates amendments to
Section 131052 of the Health and Safety Code proposed by both this
bill and Senate Bill 1287. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2017,
(2) each bill amends Section 131052 of the Health and Safety Code,
and (3) this bill is enacted after Senate Bill 1287, in which case
Section 27 of this bill shall not become operative.
SEC. 34. Section 28.5 of this bill incorporates amendments to
Section 5080.18 of the Public Resources Code proposed by both this
bill and Assembly Bill 2249. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2017, (2) each bill amends Section 5080.18 of the Public Resources
Code, and (3) this bill is enacted after Assembly Bill 2249, in which
case Section 28 of this bill shall not become operative.