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AB-3045 Natural Resources Agency: State Water Project Commission.(2017-2018)

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Date Published: 04/25/2018 09:00 PM
AB3045:v98#DOCUMENT

Amended  IN  Assembly  April 25, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3045


Introduced by Assembly Member Gallagher
(Principal coauthor: Senator Nielsen)

February 16, 2018


An act to amend Section 12805 of the Government Code, and to amend and renumber Section 6025 of, to add Section 6021 to, and to add Article 5 (commencing with Section 195) 191) to Chapter 2 of Division 1 of, of the Water Code, relating to dams and reservoirs. water.


LEGISLATIVE COUNSEL'S DIGEST


AB 3045, as amended, Gallagher. Natural Resources Agency: Division of Safety of Dams. State Water Project Commission.
Under existing law, the Department of Water Resources operates the State Water Resources Development System, known as the State Water Project, in accordance with the California Water Resources Development Bond Act to supply water to persons and entities in the state. Under existing law, the State Water Project is comprised of the State Water Facilities, as defined in the bond act, and additions determined by the department to be necessary and desirable.
This bill would establish within the Natural Resources Agency the State Water Project Commission, consisting of 9 members appointed by the Governor and subject to confirmation by the Senate, including one member nominated by the Butte County Board of Supervisors. By imposing a new duty on the Butte County Board of Supervisors, the bill would impose a state-mandated local program. The bill would transfer authority over and relating to the State Water Project from the department to the commission, as specified.
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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing law provides that all dams and reservoirs in the state are under the jurisdiction of the Department of Water Resources. Existing law requires the department to supervise the construction, enlargement, alteration, repair, maintenance, operation, and removal of dams and reservoirs for the protection of life and property. Existing law makes it unlawful to construct, enlarge, repair, alter, remove, maintain, or operate any dam or reservoir except upon approval by the department, as prescribed.

This bill would establish within the Natural Resources Agency the Division of Safety of Dams. The bill would transfer authority over dams and reservoirs from the department to the division.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 12805 of the Government Code is amended to read:

12805.
 (a) The Resources Agency is hereby renamed the Natural Resources Agency. The Natural Resources Agency consists of the departments of Forestry and Fire Protection, Conservation, Fish and Wildlife, Parks and Recreation, and Water Resources; the State Lands Commission; the Colorado River Board; the San Francisco Bay Conservation and Development Commission; the Central Valley Flood Protection Board; the Energy Resources Conservation and Development Commission; the Wildlife Conservation Board; the Delta Protection Commission; the California Science Center; the Native American Heritage Commission; the California Conservation Corps; the California Coastal Commission; the State Coastal Conservancy; the California Tahoe Conservancy; the Santa Monica Mountains Conservancy; the Coachella Valley Mountains Conservancy; the San Joaquin River Conservancy; the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy; the Baldwin Hills Conservancy; the San Diego River Conservancy; the Sierra Nevada Conservancy; and the Division of Safety of Dams. State Water Project Commission.
(b) Existing supplies, forms, insignias, signs, or logos shall not be destroyed or changed as a result of changing the name of the Resources Agency to the Natural Resources Agency, and those materials shall continue to be used until exhausted or unserviceable.

SEC. 2.Article 5 (commencing with Section 195) is added to Chapter 2 of Division 1 of the Water Code, to read:
5.Division of Safety of Dams
195.

There is in the Natural Resources Agency the Division of Safety of Dams.

SEC. 3.Section 6025 of the Water Code is amended and renumbered to read:
6020.

It is the intent of the Legislature by this part to provide for the regulation and supervision of dams and reservoirs exclusively by the State.

SEC. 4.Section 6021 is added to the Water Code, to read:
6021.

(a)The Division of Safety of Dams succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the department and its predecessors for purposes of this division.

(b)The Division of Safety of Dams shall maintain authority over the supervision of California’s dams and reservoirs and carry out the duties, responsibilities, and functions described in this division. A statutory reference to “department” regarding a function transferred to the Division of Safety of Dams shall refer to the Division of Safety of Dams. A statutory reference to “director” regarding a function transferred to the Division of Safety of Dams shall refer to the Secretary of the Natural Resources Agency.

(c)Regulations adopted, orders issued, and all other actions taken by the department or its predecessors pursuant to the authorities vested in the Division of Safety of Dams pursuant to this section and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable until they expire by their own terms unless readopted, amended, or repealed. Regulations in the process of adoption pursuant to the authorities vested in the Division of Safety of Dams shall continue under the authority of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise. Any other action adopted, prescribed, taken, or performed by, or on behalf of, the department in the administration or performance of a duty, responsibility, or authorization transferred to the Division of Safety of Dams shall remain in effect and shall be deemed to be an action of the Division of Safety of Dams unless the Division of Safety of Dams determines otherwise.

(d)Permits, licenses, and other formal approvals and authorizations issued by the department or any of its predecessors pursuant to authorities vested in the Division of Safety of Dams pursuant to this section are not affected by the transfer and remain in effect, in accordance with all applicable laws and regulations, unless renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.

(e)Any decision or order by the department pursuant to authorities vested in the Division of Safety of Dams pursuant to this section remains in effect, in accordance with all applicable laws and regulations, and the Division of Safety of Dams shall implement the decision or order and treat it as administrative precedent unless it is renewed, reissued, revised, amended, suspended, or revoked by the Division of Safety of Dams.

(f)Any action or proceeding by or against the department, including any officer or employee of the department named in an official capacity, or any of its predecessors, pertaining to matters vested in the Division of Safety of Dams by this section shall not abate, but shall continue in the name of the Division of Safety of Dams. The Division of Safety of Dams shall be substituted for the department, including any officer or employee of the department named in an official capacity, and any of its predecessors, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.

(g)On and after January 1, 2019, the unexpended balance of all funds available for use by the department or any of its predecessors in carrying out any functions transferred to the Division of Safety of Dams are available for use by the Division of Safety of Dams.

(h)The department shall transfer to the Division of Safety of Dams books, documents, data, records, and property of the department pertaining to functions transferred to the Division of Safety of Dams.

(i)A contract, lease, license, or any other agreement to which the department or any of its predecessors is a party is not void or voidable by reason of this section, but shall continue in full force and effect, with the Division of Safety of Dams assuming all of the rights, obligations, liabilities, and duties of the department and any of its predecessors as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the Division of Safety of Dams pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.

SEC. 2.

 Article 5 (commencing with Section 191) is added to Chapter 2 of Division 1 of the Water Code, to read:
Article  5. State Water Project Commission

191.
 (a) The State Water Project Commission is hereby established within the Natural Resources Agency.
(b) The commission shall consist of nine members. To the extent possible, the commission shall be composed of members from different regions of the state. The members of the commission shall be appointed by the Governor and subject to confirmation by the Senate, as follows:
(1) Three members shall be registered engineers with experience in civil or hydrological engineering, at least one of whom shall have demonstrated experience in risk management, operations and human factors, and dam safety.
(2) Two members shall have demonstrated experience in the fields of water rights, water conveyance, or water storage.
(3) One member shall be nominated by the Butte County Board of Supervisors. The Governor shall have discretion to appoint or reject a nominee of the Butte County Board of Supervisors. If the Governor rejects a nominee, the Butte County Board of Supervisors shall select a new nominee.
(4) Three shall be public members, one representing each of the following:
(A) Agricultural interests.
(B) The environment.
(C) Municipal water users.
(c) Refusal by or failure of the Senate to confirm an appointment to the commission shall create a vacancy in the office to which the appointment was made. Any vacancy shall be immediately filled by the Governor, subject to confirmation by the Senate, for the unexpired portion of the term in which the vacancy occurs.
(d) (1) The Governor shall determine the expiration of each member’s term at the time of appointment in accordance with the following:
(A) The initial term of one of the members of the commission shall expire on January 15, 2020.
(B) The initial term of two of the members of the commission shall expire on January 15, 2021.
(C) The initial term of two of the members of the commission shall expire on January 15, 2022.
(D) The initial term of two of the members of the commission shall expire on January 15, 2023.
(E) The initial term of two of the members of the commission shall expire on January 15, 2024.
(2) Upon the expiration of each term described in paragraph (1), the term of each succeeding member shall be four years.
(e) The Legislature may remove a member of the commission from office for dereliction of duty, corruption, or incompetency by concurrent resolution adopted by a majority vote of the membership in each house of the Legislature.

192.
 (a) The headquarters of the commission shall be in Sacramento.
(b) The commission shall determine the times and places for its meetings.
(c) All meetings of the commission shall be conducted in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(d) The members of the commission shall select a chairperson from among their members, who shall serve as chairperson at the pleasure of the members of the commission.
(e) (1) Notwithstanding Section 11009 of the Government Code, a member of the commission shall receive one hundred dollars ($100) for each day of actual service performed in carrying out the member’s duties. The amount of compensation shall not exceed the sum of five hundred dollars ($500) per member for any calendar month.
(2) In addition to the compensation provided in paragraph (1), a member of the commission shall receive his or her actual and necessary expenses incurred in the performance of the member’s duties.
(3) Compensation and expenses provided in this subdivision shall be paid from the rates, charges, and revenues assessed for the State Water Project.

193.
 (a) The commission may employ an executive officer who shall serve at the pleasure of the commission.
(b) The executive officer shall hire employees necessary to carry out commission functions.
(c) The executive officer may purchase or rent necessary supplies, instruments, tools, equipment, and conveniences.
(d) The department shall furnish to the commission, at its request, assistance, including, but not limited to, legal and clerical services, as may be required.

194.
 (a) The commission succeeds to and is vested with all of the authority, duties, powers, purposes, functions, responsibilities, and jurisdiction of the department, its predecessors, and its director for purposes of all of the following:
(1) Chapter 8 (commencing with Section 12930) of Part 6 of Division 6.
(2) Chapter 3 (commencing with Section 11419), Chapter 10 (commencing with Section 11900), and Article 3 (commencing with Section 11970) of Chapter 11 of Part 3 of Division 6.
(3) Section 138.10.
(4) Part 2 (commencing with Section 10500) of Division 6.
(5) Section 11260.
(6) Section 147.5.
(b) The commission shall administer the State Water Project, have full charge and control of the construction, operation, and maintenance of the State Water Project, and shall set all rates, charges, and revenues associated with the State Water Project. The commission shall carry out the duties, responsibilities, and functions described in this section. Statutory reference to “department” or “director” regarding a function transferred to the commission shall refer to the commission.
(c) Regulations adopted, orders issued, and all other administrative actions taken by the department, any of its predecessors, or its director, pursuant to the authorities vested in the commission and in effect immediately preceding the operative date of this section shall remain in effect and are fully enforceable until they expire by their own terms, unless readopted, amended, or repealed. Regulations in the process of adoption pursuant to the authorities vested in the commission shall continue under the authority of the commission unless the commission determines otherwise. Any other administrative action adopted, prescribed, taken, or performed by, or on behalf of, the department, or its director, in the administration of a program or the performance of a duty, responsibility, or authorization transferred to the commission shall remain in effect and shall be deemed to be an action of the commission unless the commission determines otherwise.
(d) Permits, licenses, accreditations, certificates, and other formal approvals and authorizations issued by the department or its director pursuant to authorities vested in the commission pursuant to this section or permits, licenses, accreditations, certificates, and other formal approvals and authorizations that the department or its director are subject to pursuant to authorities vested in the commission pursuant to this section, including State Water Resources Control Board Decision No. 1641, are not affected by the transfer and remain in effect, subject to all applicable laws and regulations, unless renewed, reissued, revised, amended, suspended, or revoked.
(e) Any action or proceeding by or against the department, including any officer or employee of the department named in an official capacity, pertaining to matters vested in the commission by this section shall not abate, but shall continue in the name of the commission. The commission shall be substituted for the department, including any officer or employee of the department named in an official capacity, by the court or agency where the action or proceeding is pending. The substitution shall not in any way affect the rights of the parties to the action or proceeding.
(f) On and after July 1, 2019, the unexpended balance of all funds available for use by the department in carrying out any functions transferred to the commission are available for use by the commission.
(g) Books, documents, data, records, and property of the department pertaining to functions transferred to the commission shall be transferred to the commission.
(h) A contract, lease, license, or any other agreement, to which the department, its director, or their agents, is a party, is not void or voidable by reason of this section, but shall continue in full force and effect, with the commission assuming all of the rights, obligations, liabilities, and duties of the department as it relates to the duties, powers, purposes, responsibilities, and jurisdiction vested in the commission pursuant to this section. This assumption does not affect the rights of the parties to the contract, lease, license, or agreement.

195.
 (a) The commission may hold any hearings and conduct any investigations in any part of the state necessary to carry out the powers vested in it. For the purposes of this subdivision, the commission shall have the powers of a head of a department as set forth in Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.
(b) Except as provided in subdivision (c), any hearing or investigation by the commission may be conducted by any member of the commission or representative authorized by the commission to exercise the powers of this section.
(c) Any final action in a hearing or investigation shall be taken by a majority of the members of the commission at a meeting duly called and held.

196.
 The commission shall conduct an annual review of the progress of construction and operation of the State Water Project. The commission shall report annually its findings and any recommendations it deems appropriate to the department and to the Legislature. A report submitted to the Legislature pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code.

197.
 The commission shall hold public hearings on all additional facilities proposed to be added to the State Water Project pursuant to the authority in Sections 12931 and 12938.

198.
 This article shall become operative on July 1, 2019.

SEC. 3.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.