BILL ANALYSIS �
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: SB 170 HEARING DATE: April 23, 2013
AUTHOR: Wolk URGENCY: No
VERSION: April 8, 2013 CONSULTANT: Katharine Moore
DUAL REFERRAL: No FISCAL: No
SUBJECT: Bale Grist Mill State Historic Park
BACKGROUND AND EXISTING LAW
California's Department of Parks and Recreation (department)
operates California's state park system. The department's
mission is "to provide for the health, inspiration and education
of the people of California by helping to preserve the state's
extraordinary biological diversity, protecting its most valued
natural and cultural resources, and creating opportunities for
high-quality outdoor recreation." There are 280 state parks
which include "the largest and most diverse natural and cultural
heritage holdings of any state agency in the nation."
The department has experienced a series of highly-publicized
recent difficulties in the last few years. Among these are, for
example, declining general fund support, a proposal to close 70
state parks - selected through a less-than-transparent process -
by July 2012, and a failure to disclose funds to the Department
of Finance. In response, the Legislature in the last session
passed a suite of bills to strengthen the governance and
sustainability of and public access to the state park system and
provide economic incentives to the department to bolster the
parks' revenue generation capabilities. These bills include AB
95 (Assembly Budget Committee, c. 2, Statutes of 2011), AB 1478
(Blumenfield, c. 530, Statutes of 2012), AB 1589 (Huffman, c.
533, Statutes of 2012) and SB 1018 (Senate Budget and Fiscal
Review Committee, c.39, Statutes of 2012 ). Relevant provisions
of these bills are to:
Require a master plan for state parks to ensure adequate
long term funding, provide transparency and efficiency,
promote partnerships and minimize park closures;
Prohibit the proposal to close or closure of a state
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park for FY 2012 - 13 and FY 2013 - 14; and
Promote revenue generation incentives and
entrepreneurial projects.
The department is authorized to contract with numerous other
public entities to operate state parks, and, in some
circumstances, with private non-profits (e.g. Public Resources
Code (PRC) �5080.30 and �5080.42).
In State Historic Parks "certain agricultural, mercantile, or
other commercial activities may be permitted if those activities
are a part of the history of the individual unit and any
developments retain or restore historical authenticity" (PRC
�5019.59). Several species of citrus, for example, are grown at
the California Citrus State Historic Park.
Bale Grist Mill State Historic Park and Bothe-Napa Valley State
Park were both on the original list of 70 state parks scheduled
for closure in 2012. Both are now operated through a
partnership between the Napa County Regional Park and Open Space
District and the Napa Valley State Parks Association. The mill
is open primarily on weekends and the partnership hopes to
expand the operating hours should revenues permit.
PROPOSED LAW
This bill would provide two exceptions to existing food safety
statutes to permit the sale of flour produced by the grist mill
at Bale Grist Mill State Historic Park. Specifically, this bill
would:
Exempt the milling, packaging and sale of grain produced
and sold at a water-driven grist mill meeting specified
conditions from the department of public health's processed
food registration requirements.
Exclude a water-driven grist mill meeting specified
conditions from the definition of a retail food facility.
ARGUMENTS IN SUPPORT
According to the author "SB 170 enables the Bale Grist Mill
State Historic Park to sell flour produced onsite by granting a
narrow exemption from existing registration requirements for
processed food and excluding the Mill from the definition of a
retail food facility."
"Bale Grist Mill State Historic Park is a flour mill that
predates California's statehood and is one of only two remaining
water-driven mills west of the Mississippi River. Milled flour
must be labeled as not fit for human consumption prior to being
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sold under existing statutory requirements since the grain comes
in contact with a wooden chute during the milling process,
despite the facility being clean and properly maintained."
"The historic construction of the mill prevents it from being
altered to comply with the standards for a food processing
facility or a retail food facility. Even with the two exemptions
provided in SB 170, all grains milled at the facility would meet
federal food adulteration standards for cleanliness and safety."
The Napa Valley State Parks Association adds "the state
legislature supports our state parks becoming more financially
self-sufficient. Enabling the Bale Grist Mill to sell its
flours to the public supports this self-sufficiency."
ARGUMENTS IN OPPOSITION
None received
COMMENTS
Food safety standards are not in this committee's jurisdiction.
This bill was heard by the Senate Health Committee on April 3,
2013 and passed unanimously (9 - 0).
Is flour for sale now ? Currently, flour milled at the park is
available as a "commemorative item" and donations are requested.
According to the sponsor, donations for commemorative flour in
2012 contributed about 19% of revenues at the grist mill.
Encouraging entrepreneurial approaches to funding state parks .
The Legislature's recent actions require the department to
pursue and implement non-traditional revenue-raising approaches.
The operation of the grist mill to produce flour for sale,
while unique to this facility, is consistent with this
legislative policy. In this instance, revenues will go to the
park operator, but are required to be used to support park
operations.
SUPPORT
California State Parks Foundation
Napa County Regional Park and Open Space District (sponsor)
Napa County Board of Supervisors
American Federation of State, County and Municipal Employees
(AFSCME), AFL-CIO
Napa Valley State Parks Association
OPPOSITION
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None Received
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