Amended IN Senate June 28, 2018 Amended IN Senate June 11, 2018 Amended IN Assembly March 06, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2054Introduced by Assembly Member Gonzalez Fletcher(Coauthor: Senator Atkins)February 06, 2018 An act to add Article 10 (commencing with Section 6050) to Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code, relating to agricultural pests. Section 5010.8 to the Public Resources Code, relating to state parks.LEGISLATIVE COUNSEL'S DIGESTAB 2054, as amended, Gonzalez Fletcher. Agricultural pests: shot hole borer beetles. State parks.Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires the department to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public.This bill would prohibit a person from engaging in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval of the department or the governing body of the unit. The bill would make a violation of the prohibition an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation. The bill would establish a state-mandated local program by creating a new infraction. The bill would require the department to post notice of the prohibition on its Internet Web site and would authorize the prohibition to be enforced only after this notice has been posted on the departments Internet Web site.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Department of Food and Agriculture to implement and administer various programs to control and eradicate agricultural pests in the state.This bill would require the Invasive Species Council of California and the California Invasive Species Advisory Committee to coordinate with state and local public agencies, as specified, and stakeholder groups to develop a plan for the cure or suppression of diseases associated with the spread of invasive shot hole borers, including, but not limited to, Polyphagous and Kuroshio shot hole borers. The bill would authorize the department, upon completion of the plan, and subject to the availability of appropriations, to support efforts of state and local agencies, California Native American tribes, and nonprofit organizations to cure or suppress those diseases by means including, but not limited to, grants to support research, as specified, or suppression or cure efforts. The bill would prohibit state funds from being awarded to a local agency, California Native American tribe, or nonprofit organization pursuant to these provisions unless the local agency, California Native American tribe, or nonprofit organization contributes matching funds, except as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 5010.8 is added to the Public Resources Code, to read:5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses property or facilities of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after the prohibition has been posted on the departments Internet Web site.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Article 10 (commencing with Section 6050) is added to Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code, to read:10.Invasive Shot Hole Borers6050.(a)The Invasive Species Council of California and the California Invasive Species Advisory Committee shall coordinate with state and local public agencies, including, but not limited to, the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Department of Forestry and Fire Protection, and stakeholder groups to develop a plan for the cure or suppression of diseases associated with the spread of invasive shot hole borers, including, but not limited to, Polyphagous and Kuroshio shot hole borers.(b)(1)Upon completion of the plan as required pursuant to subdivision (a), the Department of Food and Agriculture shall, subject to the availability of appropriations, support efforts of state and local agencies, California Native American tribes, and nonprofit organizations to cure or suppress the diseases affiliated with invasive shot hole borer infestation as provided in paragraph (2).(2)Support provided by the Department of Food and Agriculture pursuant to this section may include, but is not limited to, grants to state or local agencies, California Native American tribes, or nonprofit organizations to support the following:(A)Research related to the identification of infected trees and methods to prevent further infestation.(B)Suppression or cure efforts.(c)(1) Except as provided in paragraph (2), no state funds shall be awarded to a local agency, California Native American tribe, or nonprofit organization pursuant to subdivision (b) unless the local agency, California Native American tribe, or nonprofit organization has contributed matching funds in a dollar amount that is equal to the dollar amount of state funds to be awarded.(2)This subdivision shall not apply to a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.
Amended IN Senate June 28, 2018 Amended IN Senate June 11, 2018 Amended IN Assembly March 06, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2054Introduced by Assembly Member Gonzalez Fletcher(Coauthor: Senator Atkins)February 06, 2018 An act to add Article 10 (commencing with Section 6050) to Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code, relating to agricultural pests. Section 5010.8 to the Public Resources Code, relating to state parks.LEGISLATIVE COUNSEL'S DIGESTAB 2054, as amended, Gonzalez Fletcher. Agricultural pests: shot hole borer beetles. State parks.Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires the department to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public.This bill would prohibit a person from engaging in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval of the department or the governing body of the unit. The bill would make a violation of the prohibition an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation. The bill would establish a state-mandated local program by creating a new infraction. The bill would require the department to post notice of the prohibition on its Internet Web site and would authorize the prohibition to be enforced only after this notice has been posted on the departments Internet Web site.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Department of Food and Agriculture to implement and administer various programs to control and eradicate agricultural pests in the state.This bill would require the Invasive Species Council of California and the California Invasive Species Advisory Committee to coordinate with state and local public agencies, as specified, and stakeholder groups to develop a plan for the cure or suppression of diseases associated with the spread of invasive shot hole borers, including, but not limited to, Polyphagous and Kuroshio shot hole borers. The bill would authorize the department, upon completion of the plan, and subject to the availability of appropriations, to support efforts of state and local agencies, California Native American tribes, and nonprofit organizations to cure or suppress those diseases by means including, but not limited to, grants to support research, as specified, or suppression or cure efforts. The bill would prohibit state funds from being awarded to a local agency, California Native American tribe, or nonprofit organization pursuant to these provisions unless the local agency, California Native American tribe, or nonprofit organization contributes matching funds, except as provided.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NOYES
Amended IN Senate June 28, 2018 Amended IN Senate June 11, 2018 Amended IN Assembly March 06, 2018
Amended IN Senate June 28, 2018
Amended IN Senate June 11, 2018
Amended IN Assembly March 06, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2054
Introduced by Assembly Member Gonzalez Fletcher(Coauthor: Senator Atkins)February 06, 2018
Introduced by Assembly Member Gonzalez Fletcher(Coauthor: Senator Atkins)
February 06, 2018
An act to add Article 10 (commencing with Section 6050) to Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code, relating to agricultural pests. Section 5010.8 to the Public Resources Code, relating to state parks.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2054, as amended, Gonzalez Fletcher. Agricultural pests: shot hole borer beetles. State parks.
Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires the department to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public.This bill would prohibit a person from engaging in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval of the department or the governing body of the unit. The bill would make a violation of the prohibition an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation. The bill would establish a state-mandated local program by creating a new infraction. The bill would require the department to post notice of the prohibition on its Internet Web site and would authorize the prohibition to be enforced only after this notice has been posted on the departments Internet Web site.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.Existing law requires the Department of Food and Agriculture to implement and administer various programs to control and eradicate agricultural pests in the state.This bill would require the Invasive Species Council of California and the California Invasive Species Advisory Committee to coordinate with state and local public agencies, as specified, and stakeholder groups to develop a plan for the cure or suppression of diseases associated with the spread of invasive shot hole borers, including, but not limited to, Polyphagous and Kuroshio shot hole borers. The bill would authorize the department, upon completion of the plan, and subject to the availability of appropriations, to support efforts of state and local agencies, California Native American tribes, and nonprofit organizations to cure or suppress those diseases by means including, but not limited to, grants to support research, as specified, or suppression or cure efforts. The bill would prohibit state funds from being awarded to a local agency, California Native American tribe, or nonprofit organization pursuant to these provisions unless the local agency, California Native American tribe, or nonprofit organization contributes matching funds, except as provided.
Under existing law, the Department of Parks and Recreation controls the state park system, which is made up of units. Existing law requires the department to administer, protect, develop, and interpret the property under its jurisdiction for the use and enjoyment of the public.
This bill would prohibit a person from engaging in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval of the department or the governing body of the unit. The bill would make a violation of the prohibition an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation. The bill would establish a state-mandated local program by creating a new infraction. The bill would require the department to post notice of the prohibition on its Internet Web site and would authorize the prohibition to be enforced only after this notice has been posted on the departments Internet Web site.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law requires the Department of Food and Agriculture to implement and administer various programs to control and eradicate agricultural pests in the state.
This bill would require the Invasive Species Council of California and the California Invasive Species Advisory Committee to coordinate with state and local public agencies, as specified, and stakeholder groups to develop a plan for the cure or suppression of diseases associated with the spread of invasive shot hole borers, including, but not limited to, Polyphagous and Kuroshio shot hole borers. The bill would authorize the department, upon completion of the plan, and subject to the availability of appropriations, to support efforts of state and local agencies, California Native American tribes, and nonprofit organizations to cure or suppress those diseases by means including, but not limited to, grants to support research, as specified, or suppression or cure efforts. The bill would prohibit state funds from being awarded to a local agency, California Native American tribe, or nonprofit organization pursuant to these provisions unless the local agency, California Native American tribe, or nonprofit organization contributes matching funds, except as provided.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 5010.8 is added to the Public Resources Code, to read:5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses property or facilities of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after the prohibition has been posted on the departments Internet Web site.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.SECTION 1.Article 10 (commencing with Section 6050) is added to Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code, to read:10.Invasive Shot Hole Borers6050.(a)The Invasive Species Council of California and the California Invasive Species Advisory Committee shall coordinate with state and local public agencies, including, but not limited to, the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Department of Forestry and Fire Protection, and stakeholder groups to develop a plan for the cure or suppression of diseases associated with the spread of invasive shot hole borers, including, but not limited to, Polyphagous and Kuroshio shot hole borers.(b)(1)Upon completion of the plan as required pursuant to subdivision (a), the Department of Food and Agriculture shall, subject to the availability of appropriations, support efforts of state and local agencies, California Native American tribes, and nonprofit organizations to cure or suppress the diseases affiliated with invasive shot hole borer infestation as provided in paragraph (2).(2)Support provided by the Department of Food and Agriculture pursuant to this section may include, but is not limited to, grants to state or local agencies, California Native American tribes, or nonprofit organizations to support the following:(A)Research related to the identification of infected trees and methods to prevent further infestation.(B)Suppression or cure efforts.(c)(1) Except as provided in paragraph (2), no state funds shall be awarded to a local agency, California Native American tribe, or nonprofit organization pursuant to subdivision (b) unless the local agency, California Native American tribe, or nonprofit organization has contributed matching funds in a dollar amount that is equal to the dollar amount of state funds to be awarded.(2)This subdivision shall not apply to a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 5010.8 is added to the Public Resources Code, to read:5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses property or facilities of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after the prohibition has been posted on the departments Internet Web site.
SECTION 1. Section 5010.8 is added to the Public Resources Code, to read:
### SECTION 1.
5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses property or facilities of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after the prohibition has been posted on the departments Internet Web site.
5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses property or facilities of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after the prohibition has been posted on the departments Internet Web site.
5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses property or facilities of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after the prohibition has been posted on the departments Internet Web site.
5010.8. (a) No person shall engage in any for-profit activity in connection with the use of any unit of the state park system without receiving prior approval from the department or the governing body of the unit. This prohibition includes, but is not limited to, any sales activity that uses property or facilities of a unit of the state park system to complete the terms of sale or to provide a service as a result of the sale.
(b) A person who violates this section is guilty of an infraction punishable by a fine of not less than treble the amount of profit made directly from the violation.
(c) The department shall post notice of the prohibition set forth in subdivision (a) on its Internet Web site to provide notice to the public. Subdivision (a) shall be enforced only after the prohibition has been posted on the departments Internet Web site.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution.
### SEC. 2.
(a)The Invasive Species Council of California and the California Invasive Species Advisory Committee shall coordinate with state and local public agencies, including, but not limited to, the Department of Fish and Wildlife, the Department of Food and Agriculture, and the Department of Forestry and Fire Protection, and stakeholder groups to develop a plan for the cure or suppression of diseases associated with the spread of invasive shot hole borers, including, but not limited to, Polyphagous and Kuroshio shot hole borers.
(b)(1)Upon completion of the plan as required pursuant to subdivision (a), the Department of Food and Agriculture shall, subject to the availability of appropriations, support efforts of state and local agencies, California Native American tribes, and nonprofit organizations to cure or suppress the diseases affiliated with invasive shot hole borer infestation as provided in paragraph (2).
(2)Support provided by the Department of Food and Agriculture pursuant to this section may include, but is not limited to, grants to state or local agencies, California Native American tribes, or nonprofit organizations to support the following:
(A)Research related to the identification of infected trees and methods to prevent further infestation.
(B)Suppression or cure efforts.
(c)(1) Except as provided in paragraph (2), no state funds shall be awarded to a local agency, California Native American tribe, or nonprofit organization pursuant to subdivision (b) unless the local agency, California Native American tribe, or nonprofit organization has contributed matching funds in a dollar amount that is equal to the dollar amount of state funds to be awarded.
(2)This subdivision shall not apply to a disadvantaged community identified pursuant to Section 39711 of the Health and Safety Code.