State parks: resource exploitation exceptions: commercialization of investigation results.

Under existing law, the Department of Parks and Recreation has control of the state park system. Existing law prohibits commercial exploitation of resources in state park system units, but provides certain exceptions for commercial drilling for oil or gas and commercial fishing, as specified. Upon receiving prior approval from the Director of Parks and Recreation, existing law encourages qualified institutions and individuals to conduct nondestructive forms of scientific investigation within state park system units. Existing law establishes the State Parks and Recreation Fund into which are deposited fees, rents, and other returns for use of the state parks, and moneys in the fund are available for expenditure for state park planning, acquisition, and development projects, operation of the state park system, and resource and property management and protection, when appropriated by the Legislature. This bill would provide an exception to the prohibition on commercial exploitation of resources in state park system units for the commercialization of "investigation results," which the bill would define as the results of scientific research, scientific investigations, or the progeny of biological samples collected pursuant to director-approved scientific investigation within state park system units. The bill would authorize an applicant to commercialize particular investigation results only if the applicant has completed certain actions, including entered into a benefits sharing agreement with the director, as specified. The bill would require any person or entity that commercializes or seeks to commercialize investigation results obtained within the state park system without a director-approved benefits sharing agreement to pay 75% of gross revenue from the commercialization of the investigation results to the department. The bill would authorize the department to set and collect application fees for certain permits and applications in amounts not to exceed the reasonable costs of the department. The bill would require the department to deposit those fees, the proceeds collected from a benefits sharing agreement, and moneys paid for commercialization without a benefits sharing agreement, into the State Parks and Recreation Fund, to be available to the department, upon appropriation by the Legislature, for the management and restoration of natural resources of the state park system and administration of these provisions. The bill would require the department to post, and update annually, certain information regarding approved commercialization applications on its internet website.