BILL NUMBER: AB 2761	INTRODUCED
	BILL TEXT


INTRODUCED BY   Committee on Natural Resources (Skinner (Chair),
Gilmore (Vice Chair), Brownley, Chesbro, De Leon, Hill, Huffman, and
Logue)

                        FEBRUARY 23, 2010

   An act to amend Section 2205 of, and to repeal Section 3102 of,
the Public Resources Code, relating to natural resources.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2761, as introduced, Committee on Natural Resources. Natural
resources: Department of Conservation.
   Under existing law, the State Geologist is the head of the
California Geological Survey in the Department of Conservation. The
State Geologist advises the Director of Conservation regarding
technical, scientific, and engineering issues, including the
scientific quality of the division's products and activities.
Existing law authorizes the State Geologist to perform various
activities.
   This bill would revise the existing authority of the State
Geologist to contract with governmental and nongovernmental entities
to provide funding for services and resources provided to those
entities by the California Geological Survey. The bill would also
define "governmental entities" and "nongovernmental entities" for
purposes of the general contracting authority of the State Geologist.

   Existing law provides that the Attorney General is the legal
advisor for the Division of Oil, Gas, and Geothermal Resources in the
Department of Conservation. Existing law requires the Attorney
General to perform or provide legal services for the division as it
may require.
   This bill would repeal that provision.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2205 of the Public Resources Code is amended to
read:
   2205.   (a)    The State Geologist may  do
all of the following  : 
   (a) 
    (1)  Make, facilitate, and encourage special studies of
the mineral resources, mineral industries, and geology of the state.

   (b) 
    (2)  Collect statistics concerning the occurrence and
production of the economically important minerals and the methods
pursued in making their valuable constituents available for
commercial use. 
   (c) 
    (3)  Conduct, with governmental and nongovernmental
entities, geological investigations, studies, and other activities
for purposes, including, but not limited to, the timely
identification, delineation, and assessment of geological hazards and
their potential consequences. 
   (d) 
    (4)  Identify and delineate deposits of mineral raw
materials in order to prevent their loss to urban encroachment and to
assist in their ultimate utilization; and enter into, as the need
arises, cooperative agreements, for geological or mineral industry
investigations, with cities, cities and counties, counties, federal
agencies, and universities  , which   that 
may provide for cost-sharing or cooperative funding. 
   (e) 
    (5)  Maintain a laboratory to provide support to the
division staff and to conduct  such  other
investigations in the line of physical and chemical testing and
analysis and mineral identification as may be required in the
execution of the plans and operations of the division under this
chapter. 
   (f) 
    (6)  Issue from time to time reports and maps concerning
the geology of  this   the  state and the
statistics and technology of the mineral industries of  this
  the  state, including results of investigations
in mineral resources conservation practices, the use and recycling of
scrap mineral products, the control, disposal, reclamation, and
utilization of mining and mineral processing waste products, and the
reclamation of mined lands. 
   (g) 
    (7)  Conduct, with cities or counties, other state
agencies, universities, federal agencies, or private industry,
investigations in mining and metallurgy, including the use and
recycling of scrap mineral products, and land use practices as these
apply to mineral resources conservation, and enter into, as the need
arises, cooperative or contractual agreements for those
investigations that may provide for cost-sharing or cooperative
funding. 
   (h) 
    (8)  Conduct, with cities and counties, other state
agencies, universities, federal agencies, or private industry,
investigations in the study and development of methods for the
control, disposal, reclamation, and utilization of mining and mineral
processing waste products and the reclamation of mined lands, and
enter into, as the need arises, cooperative or contractual agreements
for those investigations  ,  that may provide for
cost-sharing or cooperative funding. 
   (i) 
    (9)  Enter into, as the need arises, agreements 
,  including  , but not limited to,  contracts,
grant agreements, and cooperative agreements, with  cities,
cities and counties, counties, federal agencies, nongovernmental
entities, and universities,   governmental and
nongovernmental entities  that may provide funding for
activities of the California Geological Survey and for the activities
of the department that are directly related to the activities of the
California Geological Survey.  For purposes of this
subdivision and subdivision (c), "nongovernmental entities" include,
but are not limited to, private academic institutions and nonprofit
organizations.  Activities that may be funded include,
but are not limited to, technical,   analytic, and research
services related to geologic hazards and resources that the
California Geological Survey may provide directly to those entities.
 
   (b) For purposes of this section, the following definitions shall
apply:  
   (1) "Governmental entities" include, but are not limited to,
cities, counties, special districts, school districts, state
agencies, federal agencies, public hospitals, colleges, and
universities.  
   (2) "Nongovernmental entities" include, but are not limited to,
private academic institutions, nonprofit organizations, and private
hospitals. 
  SEC. 2.  Section 3102 of the Public Resources Code is repealed.

   3102.  The Attorney General shall be the legal advisor for the
division and shall perform or provide such legal services for the
division as it may require. The cost of all such legal services shall
be a charge against and shall be paid from the money or funds
appropriated or made available by law for the support of the
division. All money so paid shall be deposited in the State treasury
to the credit and in augmentation of the current appropriation for
the support of the Attorney General's office, to be expended in
accordance with law, for the support of that office.