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AB-3133 State Public Works Board.(2017-2018)

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Date Published: 03/19/2018 09:00 PM
AB3133:v98#DOCUMENT

Amended  IN  Assembly  March 19, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 3133


Introduced by Assembly Member Berman

February 16, 2018


An act to amend Section 35615 of the Public Resources Code, relating to ocean resources. An act to amend Section 15770 of, and to add Section 15770.3 to, Government Code, relating to state government.


LEGISLATIVE COUNSEL'S DIGEST


AB 3133, as amended, Berman. Ocean Protection Council: duties. State Public Works Board.
Existing law establishes the State Public Works Board, which includes the Director of Finance, the Director of Transportation, and the Director of General Services. For the purpose of hearing and deciding upon matters related to the issuance of revenue bonds, the Treasurer and the Controller are also members of the board. Existing law requires the Director of Finance or his or her representative to serve as chairperson of the board. Existing law requires the State Public Works Board to, among other things, determine if construction, improvements, and the purchase of equipment shall be undertaken based on a list of considerations.
This bill would add the Secretary of the Natural Resources Agency as a member of the State Public Works Board for the purpose of hearing and deciding matters related to the acquisition of properties or construction of projects for any programs under the jurisdiction of the Natural Resources Agency. This bill would additionally require the chairperson of the board, when the Secretary of the Natural Resources Agency is serving as a member of the board, in the case of a vote of the board that results in a tie, to cast the deciding vote.

Existing law establishes the Ocean Protection Council and prescribes the functions and duties of the council with respect to the protection and conservation of coastal waters and ocean ecosystems.

This bill would make a nonsubstantive change in that provision prescribing the duties of the council.

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

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


SECTION 1.

 Section 15770 of the Government Code is amended to read:

15770.
 There is in the state government the State Public Works Board. The board consists of the Director of Finance, the Director of Transportation, and the Director of General Services. For the purpose of hearing and deciding upon matters related to the issuance of revenue bonds pursuant to the State Building Construction Act of 1955 (Part 10b (commencing with Section 15800)), or any other law authorizing the issuance of revenue bonds, the Treasurer and the Controller shall be members of the board. For the purpose of hearing and deciding matters related to the acquisition of properties or construction of projects for any programs under the jurisdiction of the Natural Resources Agency, the Secretary of the Natural Resources Agency shall be a member of the board. Three Members of the Senate, appointed by the Senate Committee on Rules, and three Members of the Assembly, appointed by the Speaker, shall meet with and participate in the work of the board to the extent that such participation is not incompatible with their positions as Members of the Legislature. The appointed Members of the Legislature constitute a legislative interim committee on the subject of this part with all the powers and duties imposed upon such committees by the Joint Rules of the Legislature.
The amendments made to this section at the 1981–82 Regular Session of the Legislature shall become operative on January 1, 1983.

SEC. 2.

 Section 15770.3 is added to the Government Code, to read:

15770.3.
 When the Secretary of the Natural Resources Agency is serving as a member of the board, in the case of a vote of the board that results in a tie, the chairperson of the board shall cast the deciding vote.

SECTION 1.Section 35615 of the Public Resources Code is amended to read:
35615.

The council shall do all of the following:

(a)(1)Coordinate the activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems to improve the effectiveness of state efforts to protect ocean resources within existing fiscal limitations, consistent with Sections 35510 and 35515.

(2)Establish policies to coordinate the collection, evaluation, and sharing of scientific data related to coastal and ocean resources among agencies.

(3)(A)Establish a science advisory team of distinguished scientists to assist the council in meeting the purposes of this division. At the request of the council, the science advisory team may convene to identify, develop, and prioritize subjects and questions for research or investigation, and review and evaluate results of research or investigations to provide information for the council’s activities.

(B)The science advisory team shall include scientists from a range of disciplines that are a part of the council’s purview.

(C)The science advisory team shall provide an independent and timely analysis of reports and studies, identifying areas of scientific consensus or uncertainty, using the best available science by drawing on state, national, and international experts.

(D)Scientists selected as members of the science advisory team shall serve without compensation, except for reimbursement of expenses and subject to the terms of an existing contract with the state.

(4)Contract with the California Ocean Science Trust and other nonprofit organizations, ocean science institutes, academic institutions, or others that have experience in conducting the scientific and educational tasks that are required by the council.

(5)Transmit the results of research and investigations to state agencies to provide information for policy decisions.

(6)Identify and recommend to the Legislature changes in law needed to achieve the goals of this section.

(b)(1)Identify changes in federal law and policy necessary to achieve the goals of this division and to improve protection, conservation, and restoration of ocean ecosystems in federal and state waters off the state’s coast.

(2)Recommend to the Governor and the Legislature actions the state should take to encourage those changes in federal law and policy.