BILL ANALYSIS Ó
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THIRD READING
Bill No: AB 737
Author: Buchanan (D)
Amended: 6/28/12 in Senate
Vote: 21
SENATE GOVERNMENTAL ORGANIZATION COMM. : 12-0, 7/2/12
AYES: Wright, Anderson, Berryhill, Cannella, Corbett, De
León, Evans, Hernandez, Padilla, Walters, Wyland, Yee
NO VOTE RECORDED: Calderon
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : Not relevant
SUBJECT : Boating and Waterways: Governors
Reorganization Plan changes
SOURCE : Author
DIGEST : This bill proposes legislative changes to the
Governors 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. This bill is relative to
the California Boating and Waterways Commission
(Commission).
ANALYSIS :
Existing law:
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1. Establishes the Department of Boating and Waterways
(DBW) in the Natural Resources Agency and charges the
DBW with duties related to beach erosion, harbors, and
recreational boat trails.
2. Establishes the Commission to advise DBW with respect to
all matters within the jurisdiction of the DBW.
3. Requires the DBW to submit any proposed changes in
regulations pertaining to boating functions and
responsibilities of the DBW 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.
This bill:
1. Creates the Commission within the Division of Boating
and Waterways (Division), a proposed division created by
GRP 2 within the Department of Parks and Recreation
(DPR) (GRP 2 eliminates the DBW).
2. Specifies that the Commission shall be composed of seven
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
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occupations for commissioners.
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 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 four 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
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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.
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 three years thereafter.
8. Provides that this bill shall become operative only if
GRP 2 becomes effective.
Background
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 to
GRP 2. The GRP 2 would transfer DBW into DPR as a division
within DPR, and would eliminate the Commission altogether.
Instead, this bill reconstitutes the 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.
Related legislation . GPR 2 (2011-2012 Session) transfers
the DBW into the DPR as a division of that DPR and
eliminates the Commission.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
DLW:kd 7/3/12 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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