Code Section Group

Government Code - GOV

TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980]

  ( Title 2 enacted by Stats. 1943, Ch. 134. )

DIVISION 1. GENERAL [8000 - 8899.72]

  ( Division 1 enacted by Stats. 1943, Ch. 134. )

CHAPTER 7. California Emergency Services Act [8550 - 8669.7]

  ( Chapter 7 added by Stats. 1970, Ch. 1454. )

ARTICLE 5.1. Alfred E. Alquist Seismic Safety Commission [8589.71 - 8589.78]
  ( Article 5.1 added by Stats. 2020, Ch. 20, Sec. 3. )

8589.71.
  

(a) (1) There is in the Office of Emergency Services the Alfred E. Alquist Seismic Safety Commission that consists of 15 members, 10 of whom shall be appointed by the Governor, subject to confirmation by the Senate, and includes representatives from the professional fields identified in subdivision (d).

(2) Any reference in statute or regulation to the Seismic Safety Commission shall be deemed to refer to the Alfred E. Alquist Seismic Safety Commission.

(b) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member. Each of the members appointed pursuant to this subdivision may designate an alternate who shall be counted toward a quorum, who may vote, and who may receive expenses specified in Section 8589.73.

(c) One member shall be a representative from the Office of Emergency Services, one member shall be a representative from the Division of the State Architect in the Department of General Services, and one member shall be a representative from the California Building Standards Commission. These members shall annually update the commission on their seismic safety activities pursuant to paragraph (2) of subdivision (b) of Section 8589.75.

(d) (1) Ten members shall represent the fields of structural engineering, planning, fire protection, public utilities, insurance, social services, emergency services, and other local government areas that serve the public interest.

(2) At least four members shall be submitted by the League of California Cities and the California State Association of Counties.

(3) At least one of these members shall be a building official and one of these shall be from a local fire protection entity.

(A) These members may be submitted pursuant to paragraph (2) or from professional fields in paragraph (1).

(e) Notwithstanding any other provision of law, while the current membership of the commission is reduced to 15, the following shall occur:

(1) Appointments made prior to July 1, 2020, that are from established organizations outside the fields identified in paragraph (1) of subdivision (d) shall remain on the commission until the current term expires.

(f) The Legislature declares that the individuals appointed to the commission are intended to represent the professions of structural engineering, planning, fire protection, public utilities, local government, insurance, social services, emergency services, and the Legislature and that this representation serves the public interest. Accordingly, the Legislature finds that for purposes of persons who hold this office, the specified professions are tantamount to and constitute the public generally within the meaning of Section 87103.

(g) Each member of the commission shall be appointed for a term of four years. Vacancies occurring on the commission shall be filled by appointment of the appointing power for the unexpired term.

(h) The appointing power may remove any member of the commission for neglect of duty required by this article, incompetency, or unprofessional conduct.

(Added by Stats. 2020, Ch. 20, Sec. 3. (AB 100) Effective June 29, 2020.)

8589.72.
  

(a) The commission shall elect annually from its membership its own chairperson and vice chairperson and may replace them with other commissioners by majority vote. Commission members shall be residents of California.

(b) The commission shall hold at least three regular meetings each year. Additional meetings may be held upon call of the chairperson or at the written request of any two members of the commission.

(c) Notice of each regular meeting of the commission shall be given in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3).

(d) At least eight members shall constitute a quorum for the transaction of business at any commission meeting if there are no vacancies, or else a majority of the appointed members of the commission at the time.

(Added by Stats. 2020, Ch. 20, Sec. 3. (AB 100) Effective June 29, 2020.)

8589.73.
  

(a) Except as provided in subdivision (b), the members of the Alfred E. Alquist Seismic Safety Commission shall serve without compensation, but shall be paid per diem expenses of one hundred dollars ($100) for each day’s attendance at a meeting of the commission, plus actual necessary travel expenses as determined by Department of Human Resources rules.

(b) The members of the commission who represent the Office of Emergency Services, the California Building Standards Commission, and the Division of the State Architect in the Department of General Services shall be employees in good standing of those respective entities. Any per diem and travel expenses of those members of the commission shall be paid by the agencies that they represent on the commission, in compliance with applicable conditions or regulations set by the Department of Human Resources.

(Added by Stats. 2020, Ch. 20, Sec. 3. (AB 100) Effective June 29, 2020.)

8589.74.
  

The commission may appoint from its membership, the engineering and design professions, the geotechnical engineering, geology, and seismology professions, the building and construction industry, the affected general public, and interested governmental agencies, to appropriate advisory committees to advise the commission and its staff with respect to seismic safety standards. The persons appointed to the advisory committee, shall be specifically knowledgeable and qualified in the type of work required of the commission. These persons shall serve without compensation, but may receive actual necessary travel expenses.

(Added by Stats. 2020, Ch. 20, Sec. 3. (AB 100) Effective June 29, 2020.)

8589.75.
  

(a) The commission exists as a separate unit within the Office of Emergency Services, and may recommend policies, hold meetings, hold hearings, set dates of the meetings or hearings, and positions on proposed state and federal legislation. The commission shall retain authority to issue reports, publications, and literature.

(b) (1) At a minimum, the commission shall report annually to the Governor and the Legislature on its findings, progress, and recommendations related to activities of the commission and the state toward higher levels of seismic safety and any other seismic safety issues.

(2) The Legislature finds that numerous agencies at various levels of government have substantial responsibilities in the fields of earthquake preparedness and seismic safety. To provide a consistent policy framework to track and monitor those activities, the commission shall, at a minimum, work with agencies that include, but are not limited to, the entities listed in subparagraphs (A) to (I), inclusive, to identify key activities and responsibilities related to seismic safety and develop a schedule to provide periodic updates to the commission on their activities. This information shall be summarized in the report required in paragraph (1) and include information to find additional information related to these activities therein:

(A) Department of Conservation, California Geological Survey.

(B) California Earthquake Authority.

(C) Office of Statewide Health Planning and Development.

(D) Department of Transportation.

(E) Department of Water Resources, Division of Safety of Dams.

(F) Public Utilities Commission.

(G) State Energy Resources Conservation and Development Commission.

(H) University of California.

(I) The California State University.

(Added by Stats. 2020, Ch. 20, Sec. 3. (AB 100) Effective June 29, 2020.)

8589.76.
  

The commission, in the discharge of its duties, may do any of the following to support monitoring and tracking of activities outlined in paragraphs (1) and (2) of subdivision (b) of Section 8589.75, as well as education, research, and guidelines that promote seismic safety and mitigation:

(a) Accept grant awards, donations, and contributions from public agencies, private foundations, or individuals.

(b) Contract for or employ any professional services and research required by the commission or required for the performance of necessary work and services which, in the commission’s opinion, cannot satisfactorily be performed by its officers and employees or by other federal, state, or local governmental agencies.

(c) Encourage and support research related to seismic safety.

(d) Recommend the addition, deletion, or changing of state agency guidelines or standards to reduce damage from earthquakes or increase seismic safety when new developments would promote earthquake hazard mitigation.

(e) Develop findings and recommendations on lessons learned that lead to reduced losses and rapid economic recovery, following a destructive earthquake.

(f) Establish and maintain working relationships with any boards, commissions, departments, agencies, or other public or private organizations.

(g) Gather, analyze, and disseminate information related to seismic safety.

(h) Do any and all other things necessary to carry out the purposes of this article.

(Added by Stats. 2020, Ch. 20, Sec. 3. (AB 100) Effective June 29, 2020.)

8589.77.
  

In accordance with the administrative oversight and policies of the office, the commission shall appoint an executive director who shall be responsible for managing the affairs of the commission, subject to the direction and policies of the commission. The executive director shall appoint those employees as may be necessary to carry out the functions of the commission.

(Added by Stats. 2020, Ch. 20, Sec. 3. (AB 100) Effective June 29, 2020.)

8589.78.
  

(a) The personnel records of all transferred employees shall be transferred to the office.

(b) The property of the commission is transferred to the office.

(c) All unexpended balances of appropriations and other funds available for use in connection with any function or the administration of any law shall be transferred to the office for use for the purpose for which the appropriation was originally made or the funds were originally available. If there is any doubt as to where those balances and funds are transferred, the Department of Finance shall determine where the balances and funds are transferred.

(Added by Stats. 2020, Ch. 20, Sec. 3. (AB 100) Effective June 29, 2020.)

GOVGovernment Code - GOV5.1.