BILL ANALYSIS Ó
Bill No: AB
737
SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
Senator Roderick D. Wright, Chair
2011-2012 Regular Session
Staff Analysis
AB 737 Author: Buchanan
As Amended: June 28, 2012
Hearing Date: July 2, 2012
Consultant: Paul Donahue
SUBJECT
Boating and Waterways (Advisory) Commission; Governor's
Reorganization
DESCRIPTION
This bill proposes legislative changes to the Governor's
Reorganization Plan No. 2 (GRP 2), which will become
effective by operation of law on July 3, 2012 unless either
house of the Legislature adopts a resolution disfavoring it
before that date. Specifically, this bill :
1)Creates the Boating and Waterways Commission within the
Division of Boating and Waterways, a proposed division
created by GRP 2 within the Department of Parks and
Recreation (DPR) ÝGRP 2 eliminates the Department of
Boating and Waterways].
2)Specifies that the Commission shall be composed of 7
members appointed by the Governor and subject to Senate
confirmation, shall have boating-related experience, and
that the Governor shall give primary consideration to the
geographical residence of commissioners as related to
boating activities.
3)Provides for staggered terms for commissioners, and
specifies various desirable characteristics and
occupations for commissioners.
AB 737 (Buchanan) continued
Page 2
4)Sets forth additional operational particulars regarding
the Commission, such as a requirement for a majority vote
prior to any Commission action, that the Commissioners
shall receive $100 per day in salary, up to a maximum of
14 days per year, and the like.
5)Specifies that DPR's Division of Boating and Waterways
shall do the following:
a) Submit proposed changes in regulations pertaining
to boating functions and responsibilities to the
Commission for its advice and comment prior to
enactment of changes.
b) Submit proposals for transfers of small craft
harbors, loans to build same, and grants for launching
facilities to the Commission for its advice and
comment.
c) Submit any project proposed for approval to the
Commission if it could have a potentially significant
impact on either public health or safety, public
access or the environment to the Commission for its
advice and comment.
6)Provides that the Commission shall have the following
duties:
a) Be fully informed regarding all governmental
activities affecting Division programs.
b) Meet at least 4 times a year to receive comments on
the implementation of programs administered by the
Division.
c) Receive public comments at a public hearing on
specified projects.
d) Review and comment annually to the Division on the
proposed budget of expenditures from the Harbors and
Watercraft Revolving Fund.
e) Review plans for new and expanded local and
regional waterways, piers, docks or other recreational
areas that have applied for grant or loan funds from
the Division, prior to approval by the Division.
AB 737 (Buchanan) continued
Page 3
7)Requires the Commission to submit a program report to the
Governor and the relevant policy and fiscal committees of
the Legislature on January 1, 2013 and every 3 years
thereafter.
8)Provides that this bill shall become operative only if
GRP 2 becomes effective.
EXISTING LAW
1)Establishes the Department of Boating and Waterways (DBW)
in the Natural Resources Agency and charges the
Department with duties related to beach erosion, harbors,
and recreational boat trails.
2)Establishes the Boating and Waterways Commission to
advise DBW with respect to all matters within the
jurisdiction of the DBW.
3)Requires the Department to submit any proposed changes in
regulations pertaining to boating functions and
responsibilities of the department to the commission for
its review and comment prior to enactment of changes.
4)Specifies that transfers of small craft harbors, loans to
build same, and grants for launching facilities shall be
submitted by DBW to the Commission for its advice and
consent.
5)Specifies that a reorganization plan submitted by the
Governor shall become effective the first day after 60
calendar days of continuous session of the Legislature
after the date on which the plan is transmitted to each
house, or at a later date as may be provided by the plan,
unless, prior to the end of the 60 days, either house of
the Legislature adopts a resolution disfavoring the
reorganization.
BACKGROUND
1)Purpose : This bill is one of several measures that amend
various provisions of GRP 2, which is a comprehensive
gubernatorial reorganization of state government agencies
and departments. The author intends to submit this bill
to the Governor for consideration as a companion measure
AB 737 (Buchanan) continued
Page 4
to GRP 2. The GRP 2 would transfer DBW into DPR as a
division within DPR, and would eliminate the Boating and
Waterways Commission altogether.
Instead, this bill would reconstitute the Boating &
Waterways Commission, but the Commission would no longer
have any authority to approve (or deny) transfers of
small craft harbors to local entities, loans to build
small craft harbors, and grants for launching facilities.
Under this bill the Commission could only comment on
these proposed actions.
2)Rationale for continuation of Commission is elusive :
Under existing law, the Commission performs meaningful
functions, in that it has the authority to give its
advice and consent to loans, grants and transfers
relating to small craft harbors and related property.
Under this bill, the Commission would only have the power
to make comments on these proposed actions, but it could
neither approve nor deny a loan, grant, transfer or other
action proposed by DPR.
3)Bill does not appear to be responsive to criticisms of
GRP 2 : During the Senate informational hearing on GRP 2,
several witnesses voiced objections to the plan to
subsume the DBW into the DPR. Among other things,
opponents to this plan stated fears that the money in the
Harbors and Watercraft Revolving Fund would fund DPR
activities and priorities, and would no longer be used
exclusively for small craft harbors and boat launches, or
to fight beach erosion and invasive species in state
waterways. Continuation of the Boating and Waterways
Commission with reduced oversight powers doesn't appear
to address these concerns.
4)Recommendations : The Committee may wish to consider
holding this bill pending implementation of GRP 2, at
which time the Legislature can reexamine whether or not
to create a Commission to oversee the Division of Boating
and Waterways within DPR.
Should the Committee agree that the Commission should be
spared in the pending gubernatorial reorganization, then
the bill should be amended to grant powers to the
Committee that correspond with those conferred on the
Commission as it now exists.
AB 737 (Buchanan) continued
Page 5
PRIOR/RELATED LEGISLATION
Governor's Reorganization No. 2 (2011-2012 Session)
transfers the Department of Boating and Waters into the
Department of Parks and Recreation as a division of that
department and eliminates the Boating and Waterways
Commission. (Pending in Senate)
SUPPORT:
None on file
OPPOSE:
None on file
FISCAL COMMITTEE: Senate Appropriations Committee
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