Amended in Assembly June 12, 2013

Amended in Senate April 10, 2013

Senate Bill No. 599

Introduced by Senator Evans

February 22, 2013

An act to amend begin delete Sections 47021 and 47026 of, to amend the heading of Article 4 (commencing with Section 47025) of Chapter 10.5 of Division 17 of, and to add the heading of Article 3.5 (commencing with Section 47022) to Chapter 10.5 of Division 17 of, the Food and Agricultural Code, relating to direct marketing of agricultural products end delete begin insert Sections 535, 535.5, and 541.5 of, and to add Sections 530.5 and 541.7 to, the Public Resources Code, relating to state parks end insert .

LEGISLATIVE COUNSEL’S DIGEST

SB 599, as amended, Evans. begin delete Direct marketing: certified farmers’ markets. end delete begin insert State parks. end insert

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Existing law establishes the State Park and Recreation Commission within the Department of Parks and Recreation, and sets forth the commission’s duties, including, among others, to evaluate and assess the department’s deferred maintenance obligations, and to report annually to the Governor on recreational facilities, programs, and activities of the state park system.

end insert begin insert

This bill would require the commission to also evaluate and assess the department’s proposed capital outlay and infrastructure expenditures, and would require the commission’s annual report to identify any budgetary requests of the commission for consideration by the Department of Finance and the Legislature, as specified. The bill would authorize the commission to conduct public meetings or hearings on all matters within the jurisdiction of the department, and would require the commission to meet at least quarterly and to achieve geographic balance in the locations at which meetings are held. The bill, if the department proposes to close a state park on or after the 2014-15 fiscal year, would require the department to first provide notice to the commission 6 months in advance, and would also require the Department of Finance to establish a separate line item in the annual Budget Act for any annual appropriations to the commission proposed by the Governor or appropriated by the Legislature. The bill would make various findings and declarations of the Legislature relating to the Department of Parks and Recreations.

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(1) Existing law requires, until January 1, 2014, that every operator of a certified farmers’ market remit to the Department of Food and Agriculture a fee equal to the number of certified producer certificates and other agricultural producers participating on each market day for the entire previous quarter to be deposited in the Department of Food and Agriculture Fund and used by the department, upon appropriation by the Legislature, as specified.

end delete begin delete

This bill would extend these provisions until January 1, 2018.

end delete begin delete

(2) Existing law provides that California farmers may transport for sale and sell California-grown fresh fruits, nuts, and vegetables that they produce, directly to the public at a certified farmers’ market, as specified. Existing law provides that it is unlawful for any person operating under these provisions to commit certain acts related to the conduct of farmers’ markets, including to deceptively prepare, pack, place, deliver, load, ship, transport, or sell those products. Existing law, until January 1, 2014, provides that in lieu of prosecution, but not precluding suspension or revocation of certified producer’s certificates or certified farmers’ market certificates, the Secretary of Food and Agriculture or a county agricultural commissioner may levy a civil penalty against a person who violates these provisions or any regulation implemented pursuant to these provisions, as specified.

end delete begin delete

This bill would extend the provision authorizing the civil penalty until January 1, 2018.

end delete begin delete

(3) This bill would also make clarifying changes.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

end insert

begin insert The Legislature finds and declares all of the
following: end insert

begin insert

(a) The Department of Parks and Recreation has experienced
difficult years with decreased funding, the threatened closure of
dozens of important state parks, and fiscal mismanagement that
resulted in at least four separate audits or investigations.

end insert begin insert

(b) In its initial response to these circumstances, in 2012, the
Legislature directed the department to establish a revenue
generation program with dedicated funding, expanded
opportunities for contracts and other arrangements with nonprofits
to help keep parks open, added legislative ex officio members to
the State Park and Recreation Commission, and directed the
commission to review the deferred maintenance backlog at the
department.

end insert begin insert

(c) In addition, among other provisions, in 2012, the Legislature
authorized the sale of specialized state park license plates, required
a prioritized plan to increase revenues and collect user fees, and
prohibited the closure of any parks for a specified period.

end insert begin insert

(d) Because of the important public functions provided by the
department and the importance of continued public oversight of
the department, including, but not limited to, the implementation
of the various budget and statutory provisions enacted in 2012,
the Legislature has determined to enact this measure.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 530.5 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 530.5. end insert   

The commission shall meet at least quarterly and shall
achieve geographic balance in the locations at which meetings
are held. The commission may arrange for its meetings to be
broadcast or streamed live on the Internet through a contract with
a provider. The commission may also conduct meetings through
videoconferencing to achieve financial savings.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 535 of the end insert begin insert Public Resources Code end insert begin insert is amended
to read: end insert

535.  

begin insert (a) end insert begin insert   end insert The commission shall report annually to the Governor,
through the director, on existing and operating recreational
facilities, programs and activities of the state park system, and begin delete on end delete
the needs of the state and the local subdivisions begin delete thereof end delete begin insert of the state end insert
for recreational facilities, programs, and activities, and shall make
recommendations for programs and activities to meet future needs
of the state for parks and recreation.

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(b) The annual report shall identify any budgetary requests of
the commission for consideration by the Department of Finance
and the Legislature, including, notwithstanding the provisions of
Section 534.5, recommendations for staff that may be hired.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 535.5 of the end insert begin insert Public Resources Code end insert begin insert is amended
to read: end insert

535.5.  

(a) The commission shall evaluate and assess the
department’s deferred maintenance obligations begin insert and proposed
capital outlay and infrastructure expenditures end insert . After public notice
and at a public hearing, following a presentation by the relevant
district superintendent, begin delete it end delete begin insert the commission end insert may consider the nature
and extent, and establish the relative priority, of prospective
deferred maintenance projects of the department.

(b) The commission may provide advice to the Governor, the
Legislature, and the department on policies, projects, and other
matters pertaining to parks, recreation, and public access affecting
the state park system.

(c) The commission may conduct an annual workshop or series
of workshops to review the department’s annual operating budget
and proposed capital improvement projects.

(d) The commission may make recommendations to improve
visitor services and visitor satisfaction in parks, assess the progress
and challenges with regard to the protection of natural, cultural,
and historical resources within the state park system, and enhance
revenue opportunities across the state park system.

(e) The commission may assist in promoting the state park
system and parks and recreational facilities and programs.

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(f) The commission may conduct public meetings or hearings
on all matters within the jurisdiction of the department, including,
but not limited to, revenue generation, public-private partnerships,
and concession agreements.

end insert begin delete

(f)

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begin insert (g) end insert  The sum of one hundred twenty thousands dollars ($120,000)
annually in the 2012-13 and 2013-14 fiscal years is hereby
appropriated from the State Parks and Recreation Fund to the begin delete State
Park and Recreation Commission end delete begin insert commission end insert for the purpose of
funding those activities authorized under this section.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 541.5 of the end insert begin insert Public Resources Code end insert begin insert is amended
to read: end insert

541.5.  

(a) The department shall not close, or propose to close,
a state park in the 2012-13 or 2013-14 fiscal year. The commission
and the department shall recommend all necessary steps to establish
a sustainable funding strategy for the department to the Legislature
on or before January 1, 2015.

(b) There is hereby appropriated twenty million five hundred
thousand dollars ($20,500,000) to the department from the State
Parks and Recreation Fund, which shall be available for
encumbrance for the 2012-13 and 2013-14 fiscal years, to be
expended as follows:

(1) Ten million dollars ($10,000,000) shall be available to
provide for matching funds pursuant to subdivision (c).

(2) Ten million dollars ($10,000,000) shall be available for the
department to direct funds to parks that remain at risk of closure
or that will keep parks open during the 2012-13 and 2013-14 fiscal
years. Priority may be given to parks subject to a donor or operating
agreement or other contractual arrangement with the department.

(3) Up to five hundred thousand dollars ($500,000) shall be
available for the department to pay for ongoing audits and
investigations as directed by the Joint Legislative Audit Committee,
the office of the Attorney General, the Department of Finance, or
other state agency.

(c) The department shall match on a dollar-for-dollar basis all
financial contributions contributed by a donor pursuant to an
agreement for the 2012-13 fiscal year for which the department
received funds as of July 31, 2013, and for agreements entered
into in the 2013-14 fiscal year. These matching funds shall be
used exclusively in the park unit subject to those agreements.

(d) The department shall notify the Joint Legislative Budget
Committee in writing not less than 30 days begin delete prior to end delete begin insert before end insert the
expenditure of funds under this section of the funding that shall
be expended, the manner of the expenditure, and the recipient of
the expenditure.

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(e) If the department proposes to close a state park on or after
the 2014-15 fiscal year, the department shall not do so unless it
first provides notice to the commission six months in advance in
order to provide the commission an opportunity to provide input
and to propose one or more alternatives to closure.

end insert

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 541.7 is added to the end insert begin insert Public Resources Code end insert begin insert ,
to read: end insert

begin insert

begin insert 541.7. end insert   

The Department of Finance shall establish a separate
line item in the annual Budget Act for any annual appropriations
to the commission proposed by the Governor or appropriated by
the Legislature.

end insert

begin delete

SECTION 1.  

Section 47021 of the Food and Agricultural Code
is amended to read:

47021.  

(a) Every operator of a certified farmers’ market shall
remit to the department, within 30 days after the end of each
quarter, a fee equal to the number of certified producer certificates
and other agricultural producers participating on each market day
for the entire previous quarter. The fee shall be established by
January 1 of each year by the department upon the receipt of a
budget recommendation from the advisory committee. The fee
shall not exceed sixty cents ($0.60) for each certified producer
certificate and other agricultural producers participating on each
market day. A certified farmers’ market may directly recover all
or part of the fee from the participating certified and other
agricultural producers.

(b) Any operator of a certified farmers’ market who fails to pay
the required fee within 30 days after the end of the quarter in which
it is due, shall pay to the department a monthly interest charge on
the unpaid balance and a late penalty charge, to be determined by
the department and not to exceed the maximum amount permitted
by law.

(c) All fees collected pursuant to this section shall be deposited
in the Department of Food and Agriculture Fund. The money
generated by the imposition of the fees shall be used, upon
appropriation by the Legislature, by the department, to cover the
reasonable costs to carry out this chapter, including all of the
following actions undertaken by the department:

(1) The coordination of the advisory committee.

(2) The evaluation of county enforcement actions and assistance
with regard to multiple county enforcement problems.

(3) The adoption of regulations to carry out this chapter.

(4) Hearing appeals from actions taken by county agricultural
commissioners to enforce this chapter.

(5) The review of rules or procedures established by a certified
farmers’ market and the issuance of advisory opinions and the
provision of informal hearings pursuant to Section 47004.1 as to
whether the rules or procedures are consistent with this chapter
and implementing regulations.

(6) The maintenance of a current statewide listing of certified
farmers’ markets with schedules of operations and locations.

(7) The maintenance of a current statewide listing of certified
producers.

(8) The dissemination to all certified farmers’ markets
information regarding the suspension or revocation of any
producer’s certificate and the imposition of administrative
penalties.

(9) Other actions, including the maintenance of special fund
reserves, that are recommended by the advisory committee and
approved by the department for the purpose of carrying out this
chapter.

(d) This section shall remain in effect only until January 1, 2018,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2018, deletes or extends that date.

SEC. 2.  

The heading of Article 3.5 (commencing with Section
47022) is added to Chapter 10.5 of Division 17 of the Food and
Agricultural Code, to read:

 

Article 3.5.  Violations

 

SEC. 3.  

The heading of Article 4 (commencing with Section
47025) of Chapter 10.5 of Division 17 of the Food and Agricultural
Code is amended to read:

 

Article 4.  Enforcement

 

SEC. 4.  

Section 47026 of the Food and Agricultural Code is
amended to read:

47026.  

This article shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2018, deletes or extends that date.

end delete