California Legislature—2015–16 Regular Session

Assembly BillNo. 1528


Introduced by Committee on Water, Parks, and Wildlife (Assembly Members Levine (Chair), Cristina Garcia, Gomez, Gray, Lopez, Medina, Rendon, Ridley-Thomas, and Williams)

March 18, 2015


An act to add Section 424.6 to the Government Code, and to amend Sections 5003.6, 5008, 5008.5, 5071.7, 6232, 6311, 30411, and 30419 of, and to repeal Section 5044 of, the Public Resources Code, relating to public resources.

LEGISLATIVE COUNSEL’S DIGEST

AB 1528, as introduced, Committee on Water, Parks, and Wildlife. Public resources.

(1) Existing law declares the official state animal, rock, mineral, grass, insect, and bird, among other official things.

This bill would make lace lichen (Ramalina menziesii) the official state lichen.

(2) Existing law transferred the Department of Boating and Waterways into the Department of Parks and Recreation as a division of that department. Existing law renamed the Department of Fish and Game as the Department of Fish and Wildlife.

This bill would making conforming and other nonsubstantive changes, including repealing an obsolete provision.

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

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

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) Lichens are unique organisms that consist of a fungus and
4an alga living together in a symbiotic relationship.

5(b) Lichens are important for both wildlife and people. They
6are used as a food source by a variety of animals. Many lichens
7have antibacterial properties and have been used medicinally for
8thousands of years.

9(c) Lichens are known for their sensitivity to environmental
10stressors and are used as biological indicators of air quality and
11climate change around the world, including in California, which
12is home to more than 1,900 species of lichens.

13(d) Ramalina menziesii, commonly known as lace lichen, is a
14common lichen found throughout much of California from the
15northern to the southern border of the state, and as far as 130 miles
16inland from the coast. Naming Ramalina menziesii as the official
17state lichen of California will help promote appreciation, education,
18and study of lichens in this state.

19

SEC. 2.  

Section 424.6 is added to the Government Code, to
20read:

21

424.6.  

Lace lichen (Ramalina menziesii) is the official state
22lichen.

23

SEC. 3.  

Section 5003.6 of the Public Resources Code is
24amended to read:

25

5003.6.  

The planning, design, and construction of a boating
26facility within the state park system shall be the responsibility of
27thebegin delete Department of Boating and Waterwaysend deletebegin insert Division of Boating
28and Waterways within the departmentend insert
pursuant tobegin delete subdivision (c)
29ofend delete
Section 50 of the Harbors and Navigation Code.

30

SEC. 4.  

Section 5008 of the Public Resources Code is amended
31to read:

32

5008.  

(a) The department shall protect the state park system
33and the state vehicular recreation area and trail system from damage
34and preserve the peace therein.

35(b) The director may designate any officer or employee of the
36department as a peace officer. The primary duties of the peace
37officer shall be the enforcement of this division, Sections 4442
38and 4442.5, the rules and regulations of the department, Chapter
P3    15 (commencing with Section 650) of Division 3 of the Harbors
2and Navigation Code, the rules and regulations of thebegin delete Department
3of Boating and Waterways,end delete
begin insert Division of Boating and Waterways
4within the department,end insert
Chapter 2 (commencing with Section 9850)
5of Division 3.5 of the Vehicle Code, and Division 16.5
6(commencing with Section 38000) of the Vehicle Code and to
7arrest persons for the commission of public offenses within the
8property under its jurisdiction. The authority and powers of the
9peace officer shall be limited to those conferred by law upon peace
10officers listed in Section 830.2 of the Penal Code.

11(c) The department shall protect property included in the
12California recreational trail system and the property included in
13the recreational trail system under Section 6 of Chapter 1234 of
14the Statutes of 1980 from damage and preserve the peace therein.
15The primary duties of any officer or employee designated a peace
16officer under this section shall include enforcement of the rules
17and regulations established by the department under subdivision
18(l) of Section 6 of Chapter 1234 of the Statutes of 1980 and the
19arrest of persons for the commission of public offenses within the
20property included in the recreational trail system under Section 6
21of Chapter 1234 of the Statutes of 1980.

22(d) Any person who violates the rules and regulations established
23by the department is guilty of a misdemeanor and upon conviction
24shall be punished by imprisonment in the county jail not exceeding
2590 days, or by a fine not exceeding one thousand dollars ($1,000),
26or by both that fine and imprisonment, except that at the time a
27particular action is commenced, the judge may, considering the
28recommendation of the prosecuting attorney, reduce the charged
29offense from a misdemeanor to an infraction. Any person convicted
30of the offense after such a reduction shall be punished by a fine of
31not less than ten dollars ($10) nor more than one thousand dollars
32($1,000).

33

SEC. 5.  

Section 5008.5 of the Public Resources Code is
34amended to read:

35

5008.5.  

In any prosecution charging a violation within any unit
36of the state park system of the rules and regulations of the
37department, Section 655.2 or Chapter 5 (commencing with Section
38650) of Division 3 of the Harbors and Navigation Code, or the
39rules and regulations of thebegin delete Department of Boating and Waterways,end delete
40begin insert Division of Boating and Waterways within the department,end insert proof
P4    1by the people of the State of California that the vehicle or vessel
2described in the complaint was parked or placed in violation of
3any provision of these statutes or rules and regulations together
4with proof that the defendant named in the complaint was, at the
5time of the parking or placing, the registered owner of the vehicle
6or vessel, shall constitute prima facie evidence that the registered
7owner of the vehicle or vessel was the person who parked or placed
8the vehicle or vessel at the point where, and for the time during
9which, the violation occurred, but the proof that a person is the
10registered owner of a vehicle or vessel is not prima facie evidence
11that the person has violated any other provision of law. The above
12provisions shall apply only when there has been compliance with
13the procedure required by Article 3 (commencing with Section
1440200) of Chapter 1 of Division 17 of the Vehicle Code. Proof of
15a written lease of, or rental agreement for, a particular vehicle or
16vessel described in the complaint, on the date and time of the
17violation, which lease or rental agreement includes the name and
18address of the person to whom the vehicle or vessel is leased or
19rented, shall rebut the prima facie evidence that the registered
20owner was the person who parked or placed the vehicle at the time
21and place where the violation occurred.

22Any charge under this section shall be dismissed when the person
23charged has made a bona fide sale or transfer of the vehicle or
24vessel and has delivered possession thereof to the purchaser and
25has complied with the requirements of subdivision (a) or (b) of
26Section 5602 of the Vehicle Code or with Section 710 of the
27Harbors and Navigation Code prior to the date of the alleged
28violation and has advised the court of the name and address of the
29purchaser.

30

SEC. 6.  

Section 5044 of the Public Resources Code is repealed.

begin delete
31

5044.  

Notwithstanding any other provision of this chapter or
32any other provision of law, the term of any concession contract
33within Columbia Historic State Park in effect on the effective date
34of this section which expires before January 1, 1984, shall, at the
35request of the concessionaire, be extended by the department until
36January 1, 1984.

end delete
37

SEC. 7.  

Section 5071.7 of the Public Resources Code is
38amended to read:

39

5071.7.  

(a) (1) In planning the system, the director shall
40consult with and seek the assistance of the Department of
P5    1Transportation. The Department of Transportation shall plan and
2design those trail routes that are in need of construction contiguous
3to state highways and serve both a transportation and a recreational
4need.

5(2) The Department of Transportation shall install or supervise
6the installation of signs along heritage corridors consistent with
7the plan element developed pursuant to this section and Section
85073.1; provided, however, that it shall neither install nor supervise
9the installation of those signs until it determines that it has available
10to it adequate volunteers or funds, or a combination thereof, to
11install or supervise the installation of the signs, or until the
12Legislature appropriates sufficient funds for the installation or
13supervision of installation, whichever occurs first.

14(b) The element of the plan relating to boating trails and other
15segments of the system which are oriented to waterways shall be
16prepared and maintained by thebegin delete Department of Boating and
17Waterwaysend delete
begin insert Division of Boating and Waterways within the
18Department of Parks and Recreationend insert
pursuant to Article 2.6
19(commencing with Section 68) of Chapter 2 of Division 1 of the
20Harbors and Navigation Code. Those segments shall be integrated
21with the California Protected Waterways Plan developed pursuant
22to Chapterbegin delete 1273end deletebegin insert 1278end insert of the Statutes of 1968, and shall be planned
23so as to be consistent with the preservation of rivers of the
24California Wild and Scenic Rivers System, as provided in Chapter
251.4 (commencing with Section 5093.50) of this division.

26(c) Any element of the plan relating to trails and areas for the
27use of off/highway motor vehicles shall be prepared and maintained
28by the Division of Off/Highway Motor Vehicle Recreation pursuant
29to Chapter 1.25 (commencing with Section 5090.01).

30(d) In planning the system, the director shall consult with and
31seek the assistance of the Department of Rehabilitation,
32representatives of its California Access Network volunteers, and
33nonprofit disability access groups to assure that adequate provision
34is made for publicizing the potential use of recreational trails,
35including heritage corridors by physically disabled persons.

36

SEC. 8.  

Section 6232 of the Public Resources Code is amended
37to read:

38

6232.  

The Secretary of thebegin insert Naturalend insert Resources Agency shall
39appoint the following members of the advisory panel, who shall
40serve at the pleasure of the secretary:

P6    1(a) A representative of thebegin delete Department of Boating and
2Waterwaysend delete
begin insert Division of Boating and Waterways within the
3Department of Parks and Recreationend insert
.

4(b) A representative of the Department of Conservation.

5(c) A representative of the Department of Fish andbegin delete Gameend delete
6begin insert Wildlifeend insert.

7(d) The Executive Director of the California Coastal
8Commission or the executive director’s designee.

9(e) A representative of the fish industry.

10(f) A representative of the aquaculture industry.

11(g) A representative of the ocean engineering industry.

12(h) A representative of the University of California.

13(i) A representative of the California State University.

14(j) A representative of a private California institution of higher
15education that is participating in the National Sea Grant Program.

16(k) A representative of the State Lands Commission.

17(l) A representative of the Office of Environmental Health
18Hazard Assessment.

19(m) A representative of the State Water Resources Control
20Board.

21(n) A representative of the Office of Oil Spill Prevention and
22Response in the Department of Fish andbegin delete Game,end deletebegin insert Wildlife,end insert designated
23by the administrator for oil spill response.

24

SEC. 9.  

Section 6311 of the Public Resources Code is amended
25to read:

26

6311.  

It is hereby declared to be the policy of this state that
27any grant of tidelands or submerged lands made after January 1,
281971, within an area which has been designated by thebegin delete Department
29of Boating and Waterwaysend delete
begin insert Division of Boating and Waterways
30within the Department of Parks and Recreationend insert
as the location of
31a small craft harbor of refuge, shall contain a reservation and
32condition requiring the grantee to submit a plan to thebegin delete Department
33of Boating and Waterwaysend delete
begin insert Division of Boating and Waterways
34within the Department of Parks and Recreationend insert
, within a reasonable
35period of time after the effective date of the grant, for the
36construction of facilities necessary or convenient for the use of the
37granted lands as a small craft harbor of refuge, and requiring the
38construction of facilities to be completed within a specified period
39of time after approval of the plan by thebegin delete Department of Boating
P7    1and Waterwaysend delete
begin insert Division of Boating and Waterways within the
2Department of Parks and Recreationend insert
.

3

SEC. 10.  

Section 30411 of the Public Resources Code is
4amended to read:

5

30411.  

(a) The Department of Fish andbegin delete Gameend deletebegin insert Wildlifeend insert and the
6Fish and Game Commission are the principal state agencies
7responsible for the establishment and control of wildlife and fishery
8management programs and the commission shall not establish or
9impose any controls with respect thereto that duplicate or exceed
10regulatory controls established by these agencies pursuant to
11specific statutory requirements or authorization.

12(b) The Department of Fish andbegin delete Game,end deletebegin insert Wildlifeend insert in consultation
13with the commission and thebegin delete Department of Boating and
14Waterwaysend delete
begin insert Division of Boating and Waterways within the
15Department of Parks and Recreationend insert
, may study degraded wetlands
16and identify those which can most feasibly be restored in
17conjunction with development of a boating facility as provided in
18subdivision (a) of Section 30233. Any study conducted under this
19subdivision shall include consideration of all of the following:

20(1) Whether the wetland is so severely degraded and its natural
21processes so substantially impaired that it is not capable of
22recovering and maintaining a high level of biological productivity
23without major restoration activities.

24(2) Whether a substantial portion of the degraded wetland, but
25in no event less than 75 percent, can be restored and maintained
26as a highly productive wetland in conjunction with a boating
27facilities project.

28(3) Whether restoration of the wetland’s natural values,
29including its biological productivity and wildlife habitat features,
30can most feasibly be achieved and maintained in conjunction with
31a boating facility or whether there are other feasible ways to
32achieve these values.

33(c) The Legislature finds and declares that salt water or brackish
34water aquaculture is a coastal-dependent use which should be
35encouraged to augment food supplies and to further the policies
36set forth in Chapter 4 (commencing with Section 825) of Division
371. The Department of Fish andbegin delete Gameend deletebegin insert Wildlifeend insert may identify coastal
38 sites it determines to be appropriate for aquaculture facilities. If
39thebegin delete departmentend deletebegin insert Department of Fish and Wildlifeend insert identifies these
40sites, it shall transmit information identifying the sites to the
P8    1commission and the relevant local government agency. The
2commission, and where appropriate, local governments, shall,
3consistent with the coastal planning requirements of this division,
4provide for as many coastal sites identified by the Department of
5Fish andbegin delete Gameend deletebegin insert Wildlifeend insert for any uses that are consistent with the
6policies of Chapter 3 (commencing with Section 30200) of this
7division.

8(d) Any agency of the state owning or managing land in the
9coastal zone for public purposes shall be an active participant in
10the selection of suitable sites for aquaculture facilities and shall
11make the land available for use in aquaculture when feasible and
12consistent with other policies of this division and other provisions
13of law.

14

SEC. 11.  

Section 30419 of the Public Resources Code is
15amended to read:

16

30419.  

Thebegin delete Department of Boating and Waterwaysend deletebegin insert Division
17of Boating and Waterways within the Department of Parks and
18Recreationend insert
is the principal state agency for evaluating the economic
19feasibility of any boating facility to be developed within the coastal
20zone.

21If the economic viability of a boating facility becomes an issue
22in a coastal development permit matter or in a local coastal program
23or any amendment thereto, the commission shall request the
24begin delete Department of Boating and Waterwaysend deletebegin insert Division of Boating and
25Waterways within the Department of Parks and Recreationend insert
to
26provide comment, including, but not limited to, the analysis of
27costs associated with conditions of approval. In cases where the
28begin delete Department of Boating and Waterwaysend deletebegin insert Division of Boating and
29Waterways within the Department of Parks and Recreationend insert
desires
30to make any comment, it shall be made within 30 days of the
31commission’s request. The commission shall include the comment
32in its decision regarding a coastal development permit or local
33coastal program or any amendment thereto.



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