BILL NUMBER: SB 1278 CHAPTERED 09/28/06 CHAPTER 532 FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006 APPROVED BY GOVERNOR SEPTEMBER 28, 2006 PASSED THE SENATE AUGUST 29, 2006 PASSED THE ASSEMBLY AUGUST 24, 2006 AMENDED IN ASSEMBLY AUGUST 22, 2006 AMENDED IN ASSEMBLY AUGUST 7, 2006 AMENDED IN SENATE MAY 23, 2006 AMENDED IN SENATE MAY 3, 2006 AMENDED IN SENATE APRIL 20, 2006 INTRODUCED BY Senator Alquist (Principal coauthor: Senator Alarcon) (Principal coauthor: Assembly Member Liu) FEBRUARY 10, 2006 An act to amend Sections 8870, 8870.1, 8870.2, 8870.3, 8870.35, 8870.4, 8870.5, 8870.71, 8870.9, 8870.95, and 12804 of, and to repeal Section 8870.25 of, the Government Code, relating to the Seismic Safety Commission. LEGISLATIVE COUNSEL'S DIGEST SB 1278, Alquist Alfred E. Alquist Seismic Safety Commission. The Seismic Safety Commission Act creates the Seismic Safety Commission in state government and requires it to report annually to the Governor and Legislature on its findings, progress, and recommendations relating to earthquake hazard reduction. Members of the commission are paid per diem expenses of $50 for each day's attendance at a commission meeting. This bill would rename the commission the Alfred E. Alquist Seismic Safety Commission. It would place the commission within the State and Consumer Services Agency as an independent unit. Existing law establishes the membership of the commission to consist of 17 members. This bill would increase the membership of the commission to 20 members. The commission is authorized to conduct a specific comprehensive investigation of a May 2, 1983, earthquake involving Coalinga, provide funding and expert technical assistance to the people of Coalinga for planning and reconstruction, and prepare and publish a comprehensive report on the Coalinga earthquake. This bill would increase the commission member's per diem to $100, with certain exceptions, and would delete the commission's duties specific to the 1983 Coalinga earthquake. This bill would make technical corrections. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 8870 of the Government Code is amended to read: 8870. The Legislature finds and declares as follows: First, many different agencies at various levels of government have substantial responsibilities in the fields of earthquake preparedness and seismic safety. Second, there is a pressing need to provide a consistent policy framework and a means for coordinating on a continuing basis the earthquake-related programs of agencies at all governmental levels and their relationships with elements of the private sector involved in practices important to seismic safety. This need is not being addressed by any continuing state government organization. Third, through concerted efforts of broad scope, coordinated by a seismic safety commission, long-term progress should be made toward higher levels of seismic safety. Fourth, to provide and maintain effective policy guidance and leadership on seismic safety issues, and to fulfill its duties under this chapter, it is imperative that the State Seismic Safety Commission carry out its mission as an independent state agency, with direct access and accountability to the Governor and the Legislature. Fifth, it is not the purpose of this chapter to transfer to the commission the authorities and responsibilities now vested by law in state and local agencies. SEC. 2. Section 8870.1 of the Government Code is amended to read: 8870.1. (a) (1) There is created in the state government the Alfred E. Alquist Seismic Safety Commission as an independent unit within the State and Consumer Services Agency. (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 commission shall report annually to the Governor and to the Legislature on its findings, progress, and recommendations relating to earthquake hazard reduction, and any other seismic safety issues, as requested by the Governor or the Legislature. SEC. 3. Section 8870.2 of the Government Code is amended to read: 8870.2. (a) The Alfred E. Alquist Seismic Safety Commission shall consist of 15 members appointed by the Governor and confirmed by the Senate, one member representing the Governor's Office of Emergency Services, one member representing the Division of the State Architect in the Department of General Services, one member representing the California State Building Standards Commission, one member appointed by the Senate Rules Committee, and one member appointed by the Speaker of the Assembly. 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) A quorum shall consist of 11 members if there are no vacancies, or else a majority of the members of the commission at the time. (c) The Legislature declares that the individuals appointed to the commission are intended to represent the professions of architecture, planning, fire protection, public utilities, structural engineering, geotechnical engineering, geology, seismology, local government, insurance, social services, emergency services, and the Legislature and that such 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. (d) The commission exists as a separate unit within the State and Consumer Services Agency, and has the functions of prescribing policy, holding meetings and setting dates of the meetings, conducting investigations, and holding hearings insofar as those powers are given by statute to the commission. (e) The decisions and actions of the commission, with respect to exercising its authority and carrying out its duties under this chapter, or any other applicable law, are not subject to review by the Secretary of the State and Consumer Services Agency, but are final within the limits provided by this chapter. (f) The Legislature further declares that the highest level of service that the individuals appointed to the commission can provide to the residents of California is to offer professional, unbiased, scientifically based advice to the Governor and the Legislature. To maintain this quality of service, it is imperative that the commission retain its functional autonomy and access to the Governor and the Legislature. As such, the commission shall retain its existing authority to issue reports, publications, and literature, as well as to sponsor legislation, and to take official positions on proposed state and federal legislation. SEC. 4. Section 8870.25 of the Government Code is repealed. SEC. 5. Section 8870.3 of the Government Code is amended to read: 8870.3. (a) The membership of the Alfred E. Alquist Seismic Safety Commission shall be appointed by the Governor and confirmed by the Senate from lists of nominees submitted by organizations as listed below: (1) Four members appointed from established organizations in the fields of architecture and planning, fire protection, public utilities, electrical engineering, and mechanical engineering. (2) Four members appointed from established organizations in the fields of structural engineering, geotechnical engineering, geology, and seismology. (3) Four members submitted by the League of California Cities and the California State Association of Counties. (4) Three members appointed from established organizations in the fields of insurance, social services, and emergency services. One of these members shall be a building official. (b) One member shall be appointed from the Senate by the Senate Rules Committee, and one member shall be appointed from the Assembly by the Speaker of the Assembly. 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 the expenses specified in Section 8870.4. SEC. 6. Section 8870.35 of the Government Code is amended to read: 8870.35. The term of office for each member of the Seismic Safety Commission shall be four years and each shall hold office until the appointment and qualification of his or her successor. However, of the initial commissioners, the Governor shall appoint seven members whose terms will expire two years after appointment and seven members plus the chairperson whose terms shall expire four years after appointment. All initial appointments shall be made by July 1, 1975. Any vacancies shall be immediately filled by the appointing power for the unexpired portion of the term in which they occur. SEC. 7. Section 8870.4 of the Government Code is amended to read: 8870.4. (a) Except as provided in subdivision (d), 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 Personnel Administration rules. (b) The members of the commission who represent the Governor's Office of Emergency Services, the California Building Standards Commission, and the Division of the State Architect shall be employees in good standing of those respective entities. Any per diem and travel expense 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 Personnel Administration. SEC. 8. Section 8870.5 of the Government Code is amended to read: 8870.5. The commission, in the discharge of its responsibilities, may do any of the following: (a) Accept grants, contributions, and appropriations from public agencies, private foundations, or individuals. (b) Appoint committees from its membership, appoint advisory committees from interested public and private groups, and appoint ex officio members who shall not be entitled to vote, to advise the commission. (c) Contract for or employ, with the approval of the Director of Finance, 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. (d) Enter into agreements to act cooperatively with private nonprofit scientific, educational, or professional associations or foundations engaged in promoting seismic safety in California. These associations or foundations may furnish materials for sale, and the commission may provide personnel services and office space therefor. Subject to rules and regulations adopted by the commission, all moneys received from the sale of publications or other materials provided by an association or foundation shall be returned to the association or foundation for use in furthering seismic safety programs. (e) Do any and all other things necessary to carry out the purposes of this chapter. SEC. 9. Section 8870.71 of the Government Code is amended to read: 8870.71. To implement the foregoing responsibilities, the commission may do any of the following: (a) Review state budgets and review grant proposals, other than those grant proposals submitted by institutions of postsecondary education to the federal government, for earthquake related activities and to advise the Governor and Legislature thereon. (b) Review legislative proposals related to earthquake safety to advise the Governor and Legislature concerning the proposals and to propose needed legislation. (c) Recommend the addition, deletion, or changing of state agency standards when, in the commission's view, the existing situation creates undue hazards or when new developments would promote earthquake hazard mitigation, and conduct public hearings as deemed necessary on the subjects. (d) In the conduct of any hearing, investigation, inquiry, or study that is ordered or undertaken in any part of the state, administer oaths and issue subpoenas for the attendance of witnesses and the production of papers, records, reports, books, maps, accounts, documents, and testimony. (e) In addition, the commission may perform any of the functions contained in subdivisions (a) to (d), inclusive, in relation to disasters, as defined in subdivision (c) of Section 8870.7, in connection with issues or items reported or discussed with the Office of Emergency Services at any commission meeting. SEC. 10. Section 8870.9 of the Government Code is amended to read: 8870.9. Prior to July 1, 2010, the Legislature shall hold public hearings to receive testimony from the Alfred E. Alquist Seismic Safety Commission, any interested organizations, and members of the public or private sector. At the hearing, the Legislature shall receive testimony and other information concerning the mission, membership, duties, and operations of the commission. SEC. 11. Section 8870.95 of the Government Code is amended to read: 8870.95. The Hospital Building Safety Board established in Section 129925 of the Health and Safety Code shall report annually to the Alfred E. Alquist Seismic Safety Commission. SEC. 12. Section 12804 of the Government Code is amended to read: 12804. The Agriculture and Services Agency is hereby renamed the State and Consumer Services Agency. The State and Consumer Services Agency consists of the following: the Department of General Services; the Department of Consumer Affairs; the Franchise Tax Board; the Public Employees' Retirement System; the State Teachers' Retirement System; the Department of Fair Employment and Housing; the Fair Employment and Housing Commission; the California Science Center; the California Victim Compensation and Government Claims Board; the California African-American Museum; the State Building and Standards Commission; and the Alfred E. Alquist Seismic Safety Commission.