AB 1528: Public resources.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-07-15
(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.
(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.
(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.
The Legislature finds and declares all of the following:
(a)Lichens are unique organisms that consist of a fungus and an alga living together in a symbiotic relationship.
(b)Lichens are important for both wildlife and people. They are used as a food source by a variety of animals. Many lichens have antibacterial properties and have been used medicinally for thousands of years.
(c)Lichens are known for their sensitivity to environmental stressors and are used as biological indicators of air quality and climate change around the world, including in California, which is home to more than 1,900 species of lichens.
(d)Ramalina menziesii, commonly known as lace lichen, is a common lichen found throughout much of California from the northern to the southern border of the state, and as far as 130 miles inland from the coast. Naming Ramalina menziesii as the official state lichen of California will help promote appreciation, education, and study of lichens in this state.
SEC. 2.Section 424.6 is added to the Government Code, to read:424.6.Lace lichen (Ramalina menziesii) is the official state lichen.
SEC. 3.Section 5003.6 of the Public Resources Code is amended to read:5003.6.The planning, design, and construction of a boating facility within the state park system shall be the responsibility of the Division of Boating and Waterways within the department pursuant to Section 50 of the Harbors and Navigation Code.
SEC. 4.Section 5008 of the Public Resources Code is amended to read:5008.(a)The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein.
(b)The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code.
(c)The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department under subdivision (l) of Section 6 of Chapter 1234 of the Statutes of 1980 and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980.
(d)Any person who violates the rules and regulations established by the department is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Any person convicted of the offense after such a reduction shall be punished by a fine of not less than ten dollars ($10) nor more than one thousand dollars ($1,000).
SEC. 5.Section 5008.5 of the Public Resources Code is amended to read:5008.5.In any prosecution charging a violation within any unit of the state park system of the rules and regulations of the department, Section 655.2 or Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, or the rules and regulations of the Division of Boating and Waterways within the department, proof by the people of the State of California that the vehicle or vessel described in the complaint was parked or placed in violation of any provision of these statutes or rules and regulations together with proof that the defendant named in the complaint was, at the time of the parking or placing, the registered owner of the vehicle or vessel, shall constitute prima facie evidence that the registered owner of the vehicle or vessel was the person who parked or placed the vehicle or vessel at the point where, and for the time during which, the violation occurred, but the proof that a person is the registered owner of a vehicle or vessel is not prima facie evidence that the person has violated any other provision of law. The above provisions shall apply only when there has been compliance with the procedure required by Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. Proof of a written lease of, or rental agreement for, a particular vehicle or vessel described in the complaint, on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle or vessel is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed the vehicle at the time and place where the violation occurred.
Any charge under this section shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle or vessel and has delivered possession thereof to the purchaser and has complied with the requirements of subdivision (a) or (b) of Section 5602 of the Vehicle Code or with Section 710 of the Harbors and Navigation Code prior to the date of the alleged violation and has advised the court of the name and address of the purchaser.
SEC. 6.Section 5044 of the Public Resources Code is repealed.SEC. 7.Section 5071.7 of the Public Resources Code is amended to read:5071.7.(a)(1)In planning the system, the director shall consult with and seek the assistance of the Department of Transportation. The Department of Transportation shall plan and design those trail routes that are in need of construction contiguous to state highways and serve both a transportation and a recreational need.
(2)The Department of Transportation shall install or supervise the installation of signs along heritage corridors consistent with the plan element developed pursuant to this section and Section 5073.1; provided, however, that it shall neither install nor supervise the installation of those signs until it determines that it has available to it adequate volunteers or funds, or a combination thereof, to install or supervise the installation of the signs, or until the Legislature appropriates sufficient funds for the installation or supervision of installation, whichever occurs first.
(b)The element of the plan relating to boating trails and other segments of the system which are oriented to waterways shall be prepared and maintained by the Division of Boating and Waterways within the Department of Parks and Recreation pursuant to Article 2.6 (commencing with Section 68) of Chapter 2 of Division 1 of the Harbors and Navigation Code. Those segments shall be integrated with the California Protected Waterways Plan developed pursuant to Chapter 1278 of the Statutes of 1968, and shall be planned so as to be consistent with the preservation of rivers of the California Wild and Scenic Rivers System, as provided in Chapter 1.4 (commencing with Section 5093.50) of this division.
(c)Any element of the plan relating to trails and areas for the use of off/highway motor vehicles shall be prepared and maintained by the Division of Off/Highway Motor Vehicle Recreation pursuant to Chapter 1.25 (commencing with Section 5090.01).
(d)In planning the system, the director shall consult with and seek the assistance of the Department of Rehabilitation, representatives of its California Access Network volunteers, and nonprofit disability access groups to assure that adequate provision is made for publicizing the potential use of recreational trails, including heritage corridors by physically disabled persons.
SEC. 8.Section 6232 of the Public Resources Code is amended to read:6232.The Secretary of the Natural Resources Agency shall appoint the following members of the advisory panel, who shall serve at the pleasure of the secretary:
(a)A representative of the Division of Boating and Waterways within the Department of Parks and Recreation.
(b)A representative of the Department of Conservation.
(c)A representative of the Department of Fish and Wildlife.
(d)The Executive Director of the California Coastal Commission or the executive directors designee.
(e)A representative of the fish industry.
(f)A representative of the aquaculture industry.
(g)A representative of the ocean engineering industry.
(h)A representative of the University of California.
(i)A representative of the California State University.
(j)A representative of a private California institution of higher education that is participating in the National Sea Grant Program.
(k)A representative of the State Lands Commission.
(l)A representative of the Office of Environmental Health Hazard Assessment.
(m)A representative of the State Water Resources Control Board.
(n)A representative of the Office of Oil Spill Prevention and Response in the Department of Fish and Wildlife, designated by the administrator for oil spill response.
SEC. 9.Section 6311 of the Public Resources Code is amended to read:6311.It is hereby declared to be the policy of this state that any grant of tidelands or submerged lands made after January 1, 1971, within an area which has been designated by the Division of Boating and Waterways within the Department of Parks and Recreation as the location of a small craft harbor of refuge, shall contain a reservation and condition requiring the grantee to submit a plan to the Division of Boating and Waterways within the Department of Parks and Recreation, within a reasonable period of time after the effective date of the grant, for the construction of facilities necessary or convenient for the use of the granted lands as a small craft harbor of refuge, and requiring the construction of facilities to be completed within a specified period of time after approval of the plan by the Division of Boating and Waterways within the Department of Parks and Recreation.
SEC. 10.Section 30411 of the Public Resources Code is amended to read:30411.(a)The Department of Fish and Wildlife and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of wildlife and fishery management programs and the commission shall not establish or impose any controls with respect thereto that duplicate or exceed regulatory controls established by these agencies pursuant to specific statutory requirements or authorization.
(b)The Department of Fish and Wildlife in consultation with the commission and the Division of Boating and Waterways within the Department of Parks and Recreation, may study degraded wetlands and identify those which can most feasibly be restored in conjunction with development of a boating facility as provided in subdivision (a) of Section 30233. Any study conducted under this subdivision shall include consideration of all of the following:
(1)Whether the wetland is so severely degraded and its natural processes so substantially impaired that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities.
(2)Whether a substantial portion of the degraded wetland, but in no event less than 75 percent, can be restored and maintained as a highly productive wetland in conjunction with a boating facilities project.
(3)Whether restoration of the wetlands natural values, including its biological productivity and wildlife habitat features, can most feasibly be achieved and maintained in conjunction with a boating facility or whether there are other feasible ways to achieve these values.
(c)The Legislature finds and declares that salt water or brackish water aquaculture is a coastal-dependent use which should be encouraged to augment food supplies and to further the policies set forth in Chapter 4 (commencing with Section 825) of Division 1. The Department of Fish and Wildlife may identify coastal sites it determines to be appropriate for aquaculture facilities. If the Department of Fish and Wildlife identifies these sites, it shall transmit information identifying the sites to the commission and the relevant local government agency. The commission, and where appropriate, local governments, shall, consistent with the coastal planning requirements of this division, provide for as many coastal sites identified by the Department of Fish and Wildlife for any uses that are consistent with the policies of Chapter 3 (commencing with Section 30200) of this division.
(d)Any agency of the state owning or managing land in the coastal zone for public purposes shall be an active participant in the selection of suitable sites for aquaculture facilities and shall make the land available for use in aquaculture when feasible and consistent with other policies of this division and other provisions of law.
SEC. 11.Section 30419 of the Public Resources Code is amended to read:30419.The Division of Boating and Waterways within the Department of Parks and Recreation is the principal state agency for evaluating the economic feasibility of any boating facility to be developed within the coastal zone.
If the economic viability of a boating facility becomes an issue in a coastal development permit matter or in a local coastal program or any amendment thereto, the commission shall request the Division of Boating and Waterways within the Department of Parks and Recreation to provide comment, including, but not limited to, the analysis of costs associated with conditions of approval. In cases where the Division of Boating and Waterways within the Department of Parks and Recreation desires to make any comment, it shall be made within 30 days of the commissions request. The commission shall include the comment in its decision regarding a coastal development permit or local coastal program or any amendment thereto.
The Legislature finds and declares all of the following:
(a)Lichens are unique organisms that consist of a fungus and an alga living together in a symbiotic relationship.
(b)Lichens are important for both wildlife and people. They are used as a food source by a variety of animals. Many lichens have antibacterial properties and have been used medicinally for thousands of years.
(c)Lichens are known for their sensitivity to environmental stressors and are used as biological indicators of air quality and climate change around the world, including in California, which is home to more than 1,900 species of lichens.
(d)Ramalina menziesii, commonly known as lace lichen, is a common lichen found throughout much of California from the northern to the southern border of the state, and as far as 130 miles inland from the coast. Naming Ramalina menziesii as the official state lichen of California will help promote appreciation, education, and study of lichens in this state.
SEC. 2.Section 424.6 is added to the Government Code, to read:424.6.Lace lichen (Ramalina menziesii) is the official state lichen.
SEC. 3.Section 5003.6 of the Public Resources Code is amended to read:5003.6.The planning, design, and construction of a boating facility within the state park system shall be the responsibility of the Division of Boating and Waterways within the department pursuant to Section 50 of the Harbors and Navigation Code.
SEC. 4.Section 5008 of the Public Resources Code is amended to read:5008.(a)The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein.
(b)The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code.
(c)The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department under subdivision (l) of Section 6 of Chapter 1234 of the Statutes of 1980 and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980.
(d)Any person who violates the rules and regulations established by the department is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Any person convicted of the offense after such a reduction shall be punished by a fine of not less than ten dollars ($10) nor more than one thousand dollars ($1,000).
SEC. 5.Section 5008.5 of the Public Resources Code is amended to read:5008.5.In any prosecution charging a violation within any unit of the state park system of the rules and regulations of the department, Section 655.2 or Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, or the rules and regulations of the Division of Boating and Waterways within the department, proof by the people of the State of California that the vehicle or vessel described in the complaint was parked or placed in violation of any provision of these statutes or rules and regulations together with proof that the defendant named in the complaint was, at the time of the parking or placing, the registered owner of the vehicle or vessel, shall constitute prima facie evidence that the registered owner of the vehicle or vessel was the person who parked or placed the vehicle or vessel at the point where, and for the time during which, the violation occurred, but the proof that a person is the registered owner of a vehicle or vessel is not prima facie evidence that the person has violated any other provision of law. The above provisions shall apply only when there has been compliance with the procedure required by Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. Proof of a written lease of, or rental agreement for, a particular vehicle or vessel described in the complaint, on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle or vessel is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed the vehicle at the time and place where the violation occurred.
Any charge under this section shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle or vessel and has delivered possession thereof to the purchaser and has complied with the requirements of subdivision (a) or (b) of Section 5602 of the Vehicle Code or with Section 710 of the Harbors and Navigation Code prior to the date of the alleged violation and has advised the court of the name and address of the purchaser.
SEC. 6.Section 5044 of the Public Resources Code is repealed.SEC. 7.Section 5071.7 of the Public Resources Code is amended to read:5071.7.(a)(1)In planning the system, the director shall consult with and seek the assistance of the Department of Transportation. The Department of Transportation shall plan and design those trail routes that are in need of construction contiguous to state highways and serve both a transportation and a recreational need.
(2)The Department of Transportation shall install or supervise the installation of signs along heritage corridors consistent with the plan element developed pursuant to this section and Section 5073.1; provided, however, that it shall neither install nor supervise the installation of those signs until it determines that it has available to it adequate volunteers or funds, or a combination thereof, to install or supervise the installation of the signs, or until the Legislature appropriates sufficient funds for the installation or supervision of installation, whichever occurs first.
(b)The element of the plan relating to boating trails and other segments of the system which are oriented to waterways shall be prepared and maintained by the Division of Boating and Waterways within the Department of Parks and Recreation pursuant to Article 2.6 (commencing with Section 68) of Chapter 2 of Division 1 of the Harbors and Navigation Code. Those segments shall be integrated with the California Protected Waterways Plan developed pursuant to Chapter 1278 of the Statutes of 1968, and shall be planned so as to be consistent with the preservation of rivers of the California Wild and Scenic Rivers System, as provided in Chapter 1.4 (commencing with Section 5093.50) of this division.
(c)Any element of the plan relating to trails and areas for the use of off/highway motor vehicles shall be prepared and maintained by the Division of Off/Highway Motor Vehicle Recreation pursuant to Chapter 1.25 (commencing with Section 5090.01).
(d)In planning the system, the director shall consult with and seek the assistance of the Department of Rehabilitation, representatives of its California Access Network volunteers, and nonprofit disability access groups to assure that adequate provision is made for publicizing the potential use of recreational trails, including heritage corridors by physically disabled persons.
SEC. 8.Section 6232 of the Public Resources Code is amended to read:6232.The Secretary of the Natural Resources Agency shall appoint the following members of the advisory panel, who shall serve at the pleasure of the secretary:
(a)A representative of the Division of Boating and Waterways within the Department of Parks and Recreation.
(b)A representative of the Department of Conservation.
(c)A representative of the Department of Fish and Wildlife.
(d)The Executive Director of the California Coastal Commission or the executive directors designee.
(e)A representative of the fish industry.
(f)A representative of the aquaculture industry.
(g)A representative of the ocean engineering industry.
(h)A representative of the University of California.
(i)A representative of the California State University.
(j)A representative of a private California institution of higher education that is participating in the National Sea Grant Program.
(k)A representative of the State Lands Commission.
(l)A representative of the Office of Environmental Health Hazard Assessment.
(m)A representative of the State Water Resources Control Board.
(n)A representative of the Office of Oil Spill Prevention and Response in the Department of Fish and Wildlife, designated by the administrator for oil spill response.
SEC. 9.Section 6311 of the Public Resources Code is amended to read:6311.It is hereby declared to be the policy of this state that any grant of tidelands or submerged lands made after January 1, 1971, within an area which has been designated by the Division of Boating and Waterways within the Department of Parks and Recreation as the location of a small craft harbor of refuge, shall contain a reservation and condition requiring the grantee to submit a plan to the Division of Boating and Waterways within the Department of Parks and Recreation, within a reasonable period of time after the effective date of the grant, for the construction of facilities necessary or convenient for the use of the granted lands as a small craft harbor of refuge, and requiring the construction of facilities to be completed within a specified period of time after approval of the plan by the Division of Boating and Waterways within the Department of Parks and Recreation.
SEC. 10.Section 30411 of the Public Resources Code is amended to read:30411.(a)The Department of Fish and Wildlife and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of wildlife and fishery management programs and the commission shall not establish or impose any controls with respect thereto that duplicate or exceed regulatory controls established by these agencies pursuant to specific statutory requirements or authorization.
(b)The Department of Fish and Wildlife in consultation with the commission and the Division of Boating and Waterways within the Department of Parks and Recreation, may study degraded wetlands and identify those which can most feasibly be restored in conjunction with development of a boating facility as provided in subdivision (a) of Section 30233. Any study conducted under this subdivision shall include consideration of all of the following:
(1)Whether the wetland is so severely degraded and its natural processes so substantially impaired that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities.
(2)Whether a substantial portion of the degraded wetland, but in no event less than 75 percent, can be restored and maintained as a highly productive wetland in conjunction with a boating facilities project.
(3)Whether restoration of the wetlands natural values, including its biological productivity and wildlife habitat features, can most feasibly be achieved and maintained in conjunction with a boating facility or whether there are other feasible ways to achieve these values.
(c)The Legislature finds and declares that salt water or brackish water aquaculture is a coastal-dependent use which should be encouraged to augment food supplies and to further the policies set forth in Chapter 4 (commencing with Section 825) of Division 1. The Department of Fish and Wildlife may identify coastal sites it determines to be appropriate for aquaculture facilities. If the Department of Fish and Wildlife identifies these sites, it shall transmit information identifying the sites to the commission and the relevant local government agency. The commission, and where appropriate, local governments, shall, consistent with the coastal planning requirements of this division, provide for as many coastal sites identified by the Department of Fish and Wildlife for any uses that are consistent with the policies of Chapter 3 (commencing with Section 30200) of this division.
(d)Any agency of the state owning or managing land in the coastal zone for public purposes shall be an active participant in the selection of suitable sites for aquaculture facilities and shall make the land available for use in aquaculture when feasible and consistent with other policies of this division and other provisions of law.
SEC. 11.Section 30419 of the Public Resources Code is amended to read:30419.The Division of Boating and Waterways within the Department of Parks and Recreation is the principal state agency for evaluating the economic feasibility of any boating facility to be developed within the coastal zone.
If the economic viability of a boating facility becomes an issue in a coastal development permit matter or in a local coastal program or any amendment thereto, the commission shall request the Division of Boating and Waterways within the Department of Parks and Recreation to provide comment, including, but not limited to, the analysis of costs associated with conditions of approval. In cases where the Division of Boating and Waterways within the Department of Parks and Recreation desires to make any comment, it shall be made within 30 days of the commissions request. The commission shall include the comment in its decision regarding a coastal development permit or local coastal program or any amendment thereto.
The Legislature finds and declares all of the following:
(a)Lichens are unique organisms that consist of a fungus and an alga living together in a symbiotic relationship.
(b)Lichens are important for both wildlife and people. They are used as a food source by a variety of animals. Many lichens have antibacterial properties and have been used medicinally for thousands of years.
(c)Lichens are known for their sensitivity to environmental stressors and are used as biological indicators of air quality and climate change around the world, including in California, which is home to more than 1,900 species of lichens.
(d)Ramalina menziesii, commonly known as lace lichen, is a common lichen found throughout much of California from the northern to the southern border of the state, and as far as 130 miles inland from the coast. Naming Ramalina menziesii as the official state lichen of California will help promote appreciation, education, and study of lichens in this state.
SEC. 2.Section 424.6 is added to the Government Code, to read:424.6.Lace lichen (Ramalina menziesii) is the official state lichen.
SEC. 3.Section 5003.6 of the Public Resources Code is amended to read:5003.6.The planning, design, and construction of a boating facility within the state park system shall be the responsibility of the Department of Boating and Waterways Division of Boating and Waterways within the department pursuant to subdivision (c) of Section 50 of the Harbors and Navigation Code.
SEC. 4.Section 5008 of the Public Resources Code is amended to read:5008.(a)The department shall protect the state park system and the state vehicular recreation area and trail system from damage and preserve the peace therein.
(b)The director may designate any officer or employee of the department as a peace officer. The primary duties of the peace officer shall be the enforcement of this division, Sections 4442 and 4442.5, the rules and regulations of the department, Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, the rules and regulations of the Department of Boating and Waterways, Division of Boating and Waterways within the department, Chapter 2 (commencing with Section 9850) of Division 3.5 of the Vehicle Code, and Division 16.5 (commencing with Section 38000) of the Vehicle Code and to arrest persons for the commission of public offenses within the property under its jurisdiction. The authority and powers of the peace officer shall be limited to those conferred by law upon peace officers listed in Section 830.2 of the Penal Code.
(c)The department shall protect property included in the California recreational trail system and the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980 from damage and preserve the peace therein. The primary duties of any officer or employee designated a peace officer under this section shall include enforcement of the rules and regulations established by the department under subdivision (l) of Section 6 of Chapter 1234 of the Statutes of 1980 and the arrest of persons for the commission of public offenses within the property included in the recreational trail system under Section 6 of Chapter 1234 of the Statutes of 1980.
(d)Any person who violates the rules and regulations established by the department is guilty of a misdemeanor and upon conviction shall be punished by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, except that at the time a particular action is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. Any person convicted of the offense after such a reduction shall be punished by a fine of not less than ten dollars ($10) nor more than one thousand dollars ($1,000).
SEC. 5.Section 5008.5 of the Public Resources Code is amended to read:5008.5.In any prosecution charging a violation within any unit of the state park system of the rules and regulations of the department, Section 655.2 or Chapter 5 (commencing with Section 650) of Division 3 of the Harbors and Navigation Code, or the rules and regulations of the Department of Boating and Waterways, Division of Boating and Waterways within the department, proof by the people of the State of California that the vehicle or vessel described in the complaint was parked or placed in violation of any provision of these statutes or rules and regulations together with proof that the defendant named in the complaint was, at the time of the parking or placing, the registered owner of the vehicle or vessel, shall constitute prima facie evidence that the registered owner of the vehicle or vessel was the person who parked or placed the vehicle or vessel at the point where, and for the time during which, the violation occurred, but the proof that a person is the registered owner of a vehicle or vessel is not prima facie evidence that the person has violated any other provision of law. The above provisions shall apply only when there has been compliance with the procedure required by Article 3 (commencing with Section 40200) of Chapter 1 of Division 17 of the Vehicle Code. Proof of a written lease of, or rental agreement for, a particular vehicle or vessel described in the complaint, on the date and time of the violation, which lease or rental agreement includes the name and address of the person to whom the vehicle or vessel is leased or rented, shall rebut the prima facie evidence that the registered owner was the person who parked or placed the vehicle at the time and place where the violation occurred.
Any charge under this section shall be dismissed when the person charged has made a bona fide sale or transfer of the vehicle or vessel and has delivered possession thereof to the purchaser and has complied with the requirements of subdivision (a) or (b) of Section 5602 of the Vehicle Code or with Section 710 of the Harbors and Navigation Code prior to the date of the alleged violation and has advised the court of the name and address of the purchaser.
SEC. 6.Section 5044 of the Public Resources Code is repealed.5044.Notwithstanding any other provision of this chapter or any other provision of law, the term of any concession contract within Columbia Historic State Park in effect on the effective date of this section which expires before January 1, 1984, shall, at the request of the concessionaire, be extended by the department until January 1, 1984.
SEC. 7.Section 5071.7 of the Public Resources Code is amended to read:5071.7.(a)(1)In planning the system, the director shall consult with and seek the assistance of the Department of Transportation. The Department of Transportation shall plan and design those trail routes that are in need of construction contiguous to state highways and serve both a transportation and a recreational need.
(2)The Department of Transportation shall install or supervise the installation of signs along heritage corridors consistent with the plan element developed pursuant to this section and Section 5073.1; provided, however, that it shall neither install nor supervise the installation of those signs until it determines that it has available to it adequate volunteers or funds, or a combination thereof, to install or supervise the installation of the signs, or until the Legislature appropriates sufficient funds for the installation or supervision of installation, whichever occurs first.
(b)The element of the plan relating to boating trails and other segments of the system which are oriented to waterways shall be prepared and maintained by the Department of Boating and Waterways Division of Boating and Waterways within the Department of Parks and Recreation pursuant to Article 2.6 (commencing with Section 68) of Chapter 2 of Division 1 of the Harbors and Navigation Code. Those segments shall be integrated with the California Protected Waterways Plan developed pursuant to Chapter 1273 1278 of the Statutes of 1968, and shall be planned so as to be consistent with the preservation of rivers of the California Wild and Scenic Rivers System, as provided in Chapter 1.4 (commencing with Section 5093.50) of this division.
(c)Any element of the plan relating to trails and areas for the use of off/highway motor vehicles shall be prepared and maintained by the Division of Off/Highway Motor Vehicle Recreation pursuant to Chapter 1.25 (commencing with Section 5090.01).
(d)In planning the system, the director shall consult with and seek the assistance of the Department of Rehabilitation, representatives of its California Access Network volunteers, and nonprofit disability access groups to assure that adequate provision is made for publicizing the potential use of recreational trails, including heritage corridors by physically disabled persons.
SEC. 8.Section 6232 of the Public Resources Code is amended to read:6232.The Secretary of the Natural Resources Agency shall appoint the following members of the advisory panel, who shall serve at the pleasure of the secretary:
(a)A representative of the Department of Boating and Waterways Division of Boating and Waterways within the Department of Parks and Recreation.
(b)A representative of the Department of Conservation.
(c)A representative of the Department of Fish and Game Wildlife.
(d)The Executive Director of the California Coastal Commission or the executive directors designee.
(e)A representative of the fish industry.
(f)A representative of the aquaculture industry.
(g)A representative of the ocean engineering industry.
(h)A representative of the University of California.
(i)A representative of the California State University.
(j)A representative of a private California institution of higher education that is participating in the National Sea Grant Program.
(k)A representative of the State Lands Commission.
(l)A representative of the Office of Environmental Health Hazard Assessment.
(m)A representative of the State Water Resources Control Board.
(n)A representative of the Office of Oil Spill Prevention and Response in the Department of Fish and Game, Wildlife, designated by the administrator for oil spill response.
SEC. 9.Section 6311 of the Public Resources Code is amended to read:6311.It is hereby declared to be the policy of this state that any grant of tidelands or submerged lands made after January 1, 1971, within an area which has been designated by the Department of Boating and Waterways Division of Boating and Waterways within the Department of Parks and Recreation as the location of a small craft harbor of refuge, shall contain a reservation and condition requiring the grantee to submit a plan to the Department of Boating and Waterways Division of Boating and Waterways within the Department of Parks and Recreation, within a reasonable period of time after the effective date of the grant, for the construction of facilities necessary or convenient for the use of the granted lands as a small craft harbor of refuge, and requiring the construction of facilities to be completed within a specified period of time after approval of the plan by the Department of Boating and Waterways Division of Boating and Waterways within the Department of Parks and Recreation.
SEC. 10.Section 30411 of the Public Resources Code is amended to read:30411.(a)The Department of Fish and Game Wildlife and the Fish and Game Commission are the principal state agencies responsible for the establishment and control of wildlife and fishery management programs and the commission shall not establish or impose any controls with respect thereto that duplicate or exceed regulatory controls established by these agencies pursuant to specific statutory requirements or authorization.
(b)The Department of Fish and Game, Wildlife in consultation with the commission and the Department of Boating and Waterways Division of Boating and Waterways within the Department of Parks and Recreation, may study degraded wetlands and identify those which can most feasibly be restored in conjunction with development of a boating facility as provided in subdivision (a) of Section 30233. Any study conducted under this subdivision shall include consideration of all of the following:
(1)Whether the wetland is so severely degraded and its natural processes so substantially impaired that it is not capable of recovering and maintaining a high level of biological productivity without major restoration activities.
(2)Whether a substantial portion of the degraded wetland, but in no event less than 75 percent, can be restored and maintained as a highly productive wetland in conjunction with a boating facilities project.
(3)Whether restoration of the wetlands natural values, including its biological productivity and wildlife habitat features, can most feasibly be achieved and maintained in conjunction with a boating facility or whether there are other feasible ways to achieve these values.
(c)The Legislature finds and declares that salt water or brackish water aquaculture is a coastal-dependent use which should be encouraged to augment food supplies and to further the policies set forth in Chapter 4 (commencing with Section 825) of Division 1. The Department of Fish and Game Wildlife may identify coastal sites it determines to be appropriate for aquaculture facilities. If the department Department of Fish and Wildlife identifies these sites, it shall transmit information identifying the sites to the commission and the relevant local government agency. The commission, and where appropriate, local governments, shall, consistent with the coastal planning requirements of this division, provide for as many coastal sites identified by the Department of Fish and Game Wildlife for any uses that are consistent with the policies of Chapter 3 (commencing with Section 30200) of this division.
(d)Any agency of the state owning or managing land in the coastal zone for public purposes shall be an active participant in the selection of suitable sites for aquaculture facilities and shall make the land available for use in aquaculture when feasible and consistent with other policies of this division and other provisions of law.
SEC. 11.Section 30419 of the Public Resources Code is amended to read:30419.The Department of Boating and Waterways Division of Boating and Waterways within the Department of Parks and Recreation is the principal state agency for evaluating the economic feasibility of any boating facility to be developed within the coastal zone.
If the economic viability of a boating facility becomes an issue in a coastal development permit matter or in a local coastal program or any amendment thereto, the commission shall request the Department of Boating and Waterways Division of Boating and Waterways within the Department of Parks and Recreation to provide comment, including, but not limited to, the analysis of costs associated with conditions of approval. In cases where the Department of Boating and Waterways Division of Boating and Waterways within the Department of Parks and Recreation desires to make any comment, it shall be made within 30 days of the commissions request. The commission shall include the comment in its decision regarding a coastal development permit or local coastal program or any amendment thereto.
|
Date
|
Status
|
|---|---|
| May 14, 2015 | Referred to Com. on N.R. & W. |
| Jul 15, 2015 | Chaptered by Secretary of State - Chapter 113, Statutes of 2015. |
| Jul 15, 2015 | Approved by the Governor. |
| Jul 9, 2015 | Enrolled and presented to the Governor at 2 p.m. |
| Jun 29, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 2. Page 1663.). |
| Jun 29, 2015 | Read third time. Passed. Ordered to the Assembly. |
| Jun 29, 2015 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jun 25, 2015 | Read second time. Ordered to third reading. |
| Jun 24, 2015 | From committee: Do pass. (Ayes 7. Noes 2.) (June 23). |
| Mar 18, 2015 | Read first time. To print. |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 75. Noes 0. Page 1221.) |
| Apr 30, 2015 | Read third time. Passed. Ordered to the Senate. |
| Apr 30, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 29, 2015 | Read second time. Ordered to third reading. |
| Apr 28, 2015 | From committee: Do pass. (Ayes 14. Noes 0.) (April 28). |
| Mar 26, 2015 | Referred to Com. on W., P., & W. |
| Mar 19, 2015 | From printer. May be heard in committee April 18. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jun 29, 2015 | Assembly 3rd Reading AB1528 Committee on Water, Parks, and Wildlife By Pavley | Senate Floor |
Passed |
|
| Jun 23, 2015 | Do pass | Senate Standing Committee on Natural Resources and Water |
Passed |
|
| Apr 30, 2015 | AB 1528 W., P. & W. Assembly Third Reading By LEVINE | Assembly Floor |
Passed |
|
| Apr 28, 2015 | Do pass. | Assembly Standing Committee on Water, Parks, and Wildlife |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California Lichen Society | ** Support | Jun 29, 2015 |
AB 1528
Page 3
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 1528
Author: Committee on Water, Parks, and Wildlife
Introduced: 3/18/15
SENATE NATURAL RES. & WATER COMMITTEE: 7-2, 6/23/15
AYES: Pavley, Allen, Hueso, Jackson, Monning, Vidak, Wolk
NOES: Stone, Hertzberg
ASSEMBLY FLOOR: 75-0, 4/30/15 - See last page for vote
DIGEST: This bill establishes lace lichen as the official state lichen with supporting legislative findings, and makes numerous technical and clarifying corrections to the Public Resources Code.
Existing law:
Establishes and designates a number of official state emblems, including but not limited to, a state flower, tree, butterfly, reptile, amphibian, animal, fish, rock, grass, mineral, gemstone, marine mammal, fossil, and prehistoric artifact.
Establishes the Division of Boating and Waterways (division) and its predecessors as the state regulator of the operation of vessels in the state’s inland and coastal waterways. As of July 1, 2013, the division became part of the Department of Parks and Recreation.
Renames the Department of Fish and Game as the Department of Fish and Wildlife.
This bill designates the lace lichen as the official state lichen, makes legislative findings in support of this designation, and makes several technical and clarifying corrections to the Public Resources Code including the deletion of an obsolete provision, and updating references to the Department of Fish and Wildlife and the division.
Background
Lichens are unique organisms that consist of both a fungus and an algae living together in a symbiotic relationship. The Lace Lichen, Ramalina menziesii, is native to California and commonly found throughout much of the state. It is considered to be beautiful. Currently, the state does not designate a state lichen, but does have a number of other official state emblems, as noted in #1 of existing law.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
California Lichen Society
OPPOSITION: (Verified 6/25/15)
None received
ARGUMENTS IN SUPPORT: According to Assemblymember Levine:
AB 1528 would correct out-of-date references to the prior Department of Boating and Waterways in the Public Resources Code and eliminate other obsolete code provisions.
This bill, in naming the Lace Lichen as the official state lichen will also help to promote appreciation, education and study of lichens, and the important role they play in our natural environment. The Lace Lichen is a good representative of the lichen family for being named the state lichen because it is a beautiful native lichen that is commonly found throughout much of California.
Lichens are excellent examples of symbiosis in nature, in which two organisms are dependent on each other. […] Lichens are important for both wildlife and people. A variety of animals rely on lichens as a food source. Lichens also have anti-bacterial properties and have been used medicinally for thousands of years. Lichens live in many diverse types of environments and are very adaptable. They are also actively being used as biological indicators of air quality and climate change around the world including in California.
ASSEMBLY FLOOR: 75-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Chang, Chau, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Brough, Campos, Chávez, Gray, Harper
Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116
6/26/15 13:28:39
**** END ****
AB 1528 (Committee on Water, Parks, and Wildlife) Page 2 of 2
SENATE COMMITTEE ON NATURAL RESOURCES AND WATER
Senator Fran Pavley, Chair
2015 - 2016 Regular
Bill No: AB 1528 Hearing Date: June 23, 2015
Author: |
Committee on Water, Parks, and Wildlife |
|
|
Version: |
March 18, 2015 Introduced |
||
Urgency: |
No |
Fiscal: |
No |
Consultant: |
Katharine Moore |
||
Subject: Public resources.
BACKGROUND AND EXISTING LAW
The precursor to the Division of Boating and Waterways (division) was established in 1957 to regulate the operation of vessels in the state’s inland and coastal waterways. While generally retaining its jurisdiction, the division has evolved over time and, as of July 1, 2013, became a division within the Department of Parks and Recreation.
Existing law also renamed the Department of Fish and Game as the Department of Fish and Wildlife.
Existing law establishes and designates a number of official state emblems, including but not limited to, a state flower, tree, butterfly, reptile, amphibian, animal, fish, rock, grass, mineral, gemstone, marine mammal, fossil, and prehistoric artifact.
Lichens are unique organisms that consist of both a fungus and an algae living together in a symbiotic relationship. The Lace Lichen, Ramalina menziesii, is native to California and commonly found throughout much of the state. It is considered to be beautiful. Currently, the state does not designate a state lichen, but does have a number of other official state emblems, as noted above.
PROPOSED LAW
This bill would (1) establish the lace lichen as the official state lichen with supporting legislative findings, and (2) make numerous technical and clarifying corrections to the Public Resources Code, including deleting obsolete provisions and updating references to, for example, the Department of Fish and Wildlife and the division, among others, to reflect current law.
ARGUMENTS IN SUPPORT
According to the Assembly Committee chair, “AB 1528 would correct out-of-date references to the prior Department of Boating and Waterways in the Public Resources Code and eliminate other obsolete code provisions.”
“This bill, in naming the Lace Lichen as the official state lichen will also help to promote appreciation, education and study of lichens, and the important role they play in our natural environment. The Lace Lichen is a good representative of the lichen family for being named the state lichen because it is a beautiful native lichen that is commonly found throughout much of California.”
“Lichens are excellent examples of symbiosis in nature, in which two organisms are dependent on each other. […] Lichens are important for both wildlife and people. A variety of animals rely on lichens as a food source. Lichens also have anti-bacterial properties and have been used medicinally for thousands of years. Lichens live in many diverse types of environments and are very adaptable. They are also actively being used as biological indicators of air quality and climate change around the world including in California.”
ARGUMENTS IN OPPOSITION
None received
SUPPORT
California Lichen Society
OPPOSITION
None Received
-- END --
AB 1528
Page 2
ASSEMBLY THIRD READING
AB 1528
(Committee on Water, et al.)
As Introduced March 18, 2015
Majority vote
Committee |
Votes |
Ayes |
Noes |
|
Water |
14-0 |
Levine, Bigelow, Dababneh, Dahle, Dodd, Beth Gaines, Cristina Garcia, Gomez, Lopez, Mathis, Medina, Rendon, Salas, Williams |
|
|
SUMMARY: Makes conforming and other nonsubstantive changes to the Public Resources Code, and names the lace lichen as the official state lichen. Specifically, this bill:
Corrects several out-of-date references to the former Department of Boating and Waterways and eliminates an obsolete code provision relating to an expired concession contract at the Columbia Historic State Park.
Names the lace lichen as the official state lichen.
EXISTING LAW:
Establishes the Division of Boating and Waterways within the Department of Parks & Recreation. The Division of Boating and Waterways assumed the duties of the prior Department of Boating and Waterways which was eliminated as a result of state reorganization.
Establishes and designates a number of official state emblems, including but not limited to, a state flower, tree, butterfly, reptile, amphibian, animal, fish, rock, grass, mineral, gemstone, marine mammal, fossil, and prehistoric artifact.
FISCAL EFFECT: None; this bill is non-fiscal.
COMMENTS: This bill makes technical code changes, including correction of out-of-date references to the prior Department of Boating and Waterways in the Public Resources Code, and eliminates other obsolete code provisions. The Public Resources Code establishes the Division of Boating and Waterways within the Department of Parks & Recreation. This division used to be a separate stand-alone department, but a state reorganization process eliminated the Department of Boating and Waterways and transferred the responsibilities of the prior department to the new Division of Boating and Waterways within the Department of Parks and Recreation.
This bill also names the lace lichen, Ramalina menziesii, as the official state lichen. Currently, the state does not have an official state lichen, but does have a number of other official state emblems, as described above. Lichens are unique organisms that consist of both a fungus and an algae living together in a symbiotic relationship. Lichens are important for both wildlife and people. Lichens are a food source for many animals. They also have antibacterial properties and have been used medicinally for thousands of years. The lace lichen is being recommended as the official state lichen because it is a native lichen that is commonly found throughout much of California.
Supporters of this bill note that designating the lace lichen as the official state lichen will help to promote appreciation, education and study of lichens, and the important role they play in the natural environment. Supporters note the lace lichen is a good representative of the lichen family to be named the state lichen, as it is a beautiful native lichen that is commonly found throughout much of California. They further note that lichens are good examples of symbiosis, in which two organisms are dependent on each other. Lichens are very adaptable and occur in diverse areas of both moderate and extreme climate. They are also actively being used as biological indicators of air quality and climate change around the world, including in California. There was no opposition received to this bill.
Analysis Prepared by: Diane Colborn / W., P., & W. / (916) 319-2096 FN: 0000215
Discussed in Hearing
3MIN
Senate Floor
4MIN
Senate Standing Committee on Natural Resources and Water
49SEC
Assembly Floor
Bill Author
Bill Co-Author(s):