SB 599 Senate Bill

BILL NUMBER: SB 599	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 12, 2013
	AMENDED IN SENATE  APRIL 10, 2013

INTRODUCED BY   Senator Evans

                        FEBRUARY 22, 2013

   An act to amend  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   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  .



	LEGISLATIVE COUNSEL'S DIGEST


   SB 599, as amended, Evans.  Direct marketing: certified
farmers' markets.   State parks.  
   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.  
   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.
 
   (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. 

   This bill would extend these provisions until January 1, 2018.
 
   (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.  
   This bill would extend the provision authorizing the civil penalty
until January 1, 2018.  
   (3) This bill would also make clarifying changes. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares all
of the following:  
   (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. 

   (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.  
   (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.
 
   (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. 
   SEC. 2.    Section 530.5 is added to the  
Public Resources Code   , to read:  
   530.5.  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. 
   SEC. 3.    Section 535 of the   Public
Resources Code   is amended to read: 
   535.   (a)    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  on  the needs of the state
and the local subdivisions  thereof   of the
state  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. 
   (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. 
   SEC. 4.    Section 535.5 of the  Public
Resources Code   is amended to read: 
   535.5.  (a) The commission shall evaluate and assess the
department's deferred maintenance obligations  and proposed
capital outlay and infrastructure expenditures  . After public
notice and at a public hearing, following a presentation by the
relevant district superintendent,  it   the
commission  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. 
   (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.  
   (f) 
    (g)  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
 State Park and Recreation Commission  
commission  for the purpose of funding those activities
authorized under this section.
   SEC. 5.    Section 541.5 of the   Public
Resources Code   is amended to read: 
   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  prior to
  before  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. 
   (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. 
   SEC. 6.    Section 541.7 is added to the  
Public Resources Code   , to read:  
   541.7.  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.  
  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.