California Legislation Update for 2020
Senate Bill 8 (Glazer)
State parks: smoking ban
Summary: This bill prohibits smoking and disposing of cigarette or cigar waste on a state beach or in a unit of the State Park System, excluding paved roads and parking facilities, as defined. Additionally, this bill requires the Department or local operator to post signs at strategic locations, as determined by the Director, to notify the public of the smoking ban prior to enforcement. This bill also establishes a fine of up to $25 for smoking violations however, this fine does not include additional local jurisdiction fees, which vary by county.
Status: Chapter 761, Statutes of 2019
Senate Bill 230 (Caballero)
Law enforcement: use of deadly force, training, policies
Summary: This bill requires the Commission on Peace Officer Standards and Training (POST) to augment their basic training courses for law enforcement officers to include subjects such as: de-escalation and interpersonal communications, biases and cultural competencies, and techniques for individuals with behavioral or mental health issues. This bill also requires POST to develop minimum guidelines on ‘use of force’ to be adopted by law enforcement agencies, and would require law enforcement agencies, as defined, to adopt and maintain those policies by January 1, 2021.This is a companion bill to AB 392.
Status: Chapter 285, Statutes of 2019
Senate Bill 393 (Stone)
Vessels: impoundment
Summary: This bill authorizes the courts to impound a vessel for up to 30 days, at the owner’s expense, following a conviction for causing a death while operating the vessel under the influence of drugs or alcohol. This bill also provides immunity to marina owners from liability for damages to impounded vessels, as specified.
Status: Chapter 644, Statutes of 2019
Senate Bill 402 (Borgeas)
Vehicles: off-highway vehicle recreation, County of Inyo
Summary: This bill extends the sunset on the Inyo County combined-use highway system pilot project from January 1, 2020, to January 1, 2025.
Status: Chapter 211, Statutes of 2019
Senate Bill 442 (Dodd)
State parks: resource exploitation exceptions, commercialization of investigation results
Summary: This bill authorizes the Department to allow qualified institutions and individuals, to commercialize results of scientific research, scientific investigations, or progeny of a specimen collected within the State Park System, as defined. The bill also requires applicants to complete specified conditions prior to the Department authorizing commercialization.
Status: Chapter 477, Statutes of 2019
Senate Bill 451 (Atkins)
Personal income and corporation taxes: credits, rehabilitation of certified historic structures
Summary: This bill establishes a 5-year state tax credit for qualified rehabilitation costs of both residential and income producing certified historic structures, for personal and corporate tax benefits. This bill also requires the Legislative Analyst, in collaboration with the California Tax Credit Allocation Committee (Allocation Committee) and the Office of Historic Preservation (Office), to annually review the effectiveness of the program, as specified. Additionally, this bill requires the Office to work with the Allocation Committee to administer this program.
Status: Chapter 703, Statutes of 2019
Senate Bill 767 (Glazer)
Off-highway vehicular recreation: Carnegie State Vehicular Recreation Area, Alameda-Tesla Expansion Area
Summary: The contents of this bill were amended into AB 1086. This bill would have authorized the Department to divest approximately 3,100 acres of land within Carnegie State Vehicular Recreation Area for conservation purposes if the Department determined, through a public process, that disposal of the land is in the public interest. The bill would have required the Department of General Services to be reimbursed for their costs first, and any remaining funding be deposited into the OHV Trust Fund. Additionally, this bill would have exempted this transaction from the state’s surplus property process.
Status: Failed Committee deadline – 2-year bill
Senate Bill 785 (Committee on Natural Resources and Water)
Public resources: parklands, freshwater resources, and coastal resources; off-highway motor vehicles, public lands
Summary: This committee omnibus bill contains three provisions affecting the Department: 1) extends the Department’s authority to grant permits and easements for bicycle and pedestrian trails on State Parks property; 2) clarifies the definition of public lands where certain off-highway vehicles are allowed to operate; and 3) authorizes a land-swap between San Diego County (County), the San Diego County Water Authority, and CalTrans, if specified conditions are met.
Status: Chapter 469, Statutes of 2019
Assembly Bill 209 (Limón)
Parks: outdoor environmental education, grant program
Summary: This bill requires the Department to establish the Outdoor Equity Grants Program (Program) to increase the ability of underserved and at-risk populations to participate in outdoor environmental educational experiences in State Parks and throughout the state. This bill authorizes the Director to receive and solicit donations and private funding to support the Program, as defined. This bill specifies that the Department will not commence any program development activities until adequate funds are collected.
Status: Chapter 675, Statutes of 2019
Assembly Bill 392 (Weber)
Peace officers: deadly force
Summary: This bill revised the standards associated with the justifiable use of deadly force by peace officers. This is a companion bill to SB 230.
Status: Chapter 170, Statutes of 2019
Assembly Bill 467 (Boerner Horvath)
Competitions on state property, prize compensation, gender equity
Summary: This bill requires the Department to ensure any competitive event held on State Park property with gender categories must provide equal prize awards for the competitors and prohibits the Department from issuing an event permit to an entity that does not comply with this requirement.
Status: Chapter 276, Statutes of 2019
Assembly Bill 556 (Carrillo)
Outdoor experiences: community access program, grant program
Summary: This bill would have required the Natural Resources Agency to develop and implement a community access program to maximize safe and equitable access to natural and cultural resources and community education programs, as defined. Additionally, this bill would have authorized the Natural Resources Agency to develop a grant program within a state department to support innovative transportation projects providing low-income and disadvantaged youth access to outdoor experiences, as defined.
Status: Vetoed
Assembly Bill 834 (Quirk)
Freshwater and Estuarine Harmful Algal Bloom Program
Summary: This bill requires the State Water Resources Control Board to establish the Freshwater and Estuarine Harmful Algal Bloom Program, in consultation with the Department of Parks and Recreation, and other state agencies, to coordinate statewide efforts to protect water quality and public health from algal bloom toxins, as defined.
Status: Chapter 354, Statutes of 2019
Assembly Bill 1086 (Bauer-Kahan)
Off-highway vehicular recreation: Carnegie State Vehicular Recreation Area, Alameda-Tesla Expansion Area
Summary: This bill would have authorized the Department to divest approximately 3,100 acres of land within Carnegie State Vehicular Recreation Area for conservation purposes if the Department determined, through a public process, that disposal of the land is in the public interest. The bill would have required the Department of General Services to be reimbursed for their costs first, and any remaining funding be deposited into the Off-Highway Vehicle Trust Fund. Additionally, this bill would have exempted this transaction from the state’s surplus property process.
Status: Vetoed
Assembly Bill 1183 (Ramos)
Vessel operator, definition
Summary: This bill revises the definition of “operator” to mean the person aboard a vessel who is: (1) steering the vessel while underway; (2) responsible for the operation of the vessel while underway; or (3) at least 18 years of age and who is attentive and supervising the operation of the vessel by a person between the ages of 12 and 15, as specified.
Status: Chapter 109, Statutes of 2019
Assembly Bill 1184 (Gloria)
Public records: writing transmitted by electronic mail, retention
Summary: This bill would have required public agencies to retain all public records containing information relating to the public’s business for at least two-years unless statute, regulations, or the State Records Management Act requires a longer retention period, as defined.
Status: Vetoed
Assembly Bill 1680 (Limón)
Coastal lands, public access program, Hollister Ranch
Summary: This bill requires the California Coastal Commission, in collaboration with the Department, the State Coastal Conservancy, and the State Lands Commission, to develop a new public access program for Hollister Ranch, in Santa Barbara County, by April 1, 2021, as defined. Additionally, State Coastal Conservancy must implement the first phase of public access, subject appropriation funding by April 1, 2022.
Status: Chapter 692, Statutes of 2019
Assembly Bill 1718 (Levine)
State parks: smoking ban
Summary: This bill would have prohibited smoking and disposing of cigarette or cigar waste on a state beach or in a unit of the State Park System, excluding paved roads and parking facilities, as defined. Additionally, this bill would have required the Department or local operator to post signs at strategic locations, as determined by the Director, to notify the public of the smoking ban prior to enforcement. This bill would have also established a fine of up to $25 for smoking violations however, this fine does not include additional local jurisdiction fees, which vary by county.
Status: Vetoed