BILL ANALYSIS Ó
AB 737
Page 1
( Without Reference to File )
CONCURRENCE IN SENATE AMENDMENTS
AB 737 (Buchanan and Achadjian)
As Amended June 28, 2012
Majority vote
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|ASSEMBLY: | |(January 26, |SENATE: |36-0 |(July 5, 2012) |
| | |2012) | | | |
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(vote not relevant)
Original Committee Reference: L.GOV.
SUMMARY : Recreates, if the Governor's Reorganization Plan No. 2 of
2012 (GRP 2) is enacted, the Boating and Waterways Commission
(Commission) within the Natural Resources Agency and adds that an
"interest in boating and waterways matters" shall be considered
amongst other factors in selecting members for the Parks and
Recreation Commission.
The Senate amendments delete the Assembly version of this bill, and
instead condition the following on the enactment of GRP 2:
1)Recreate the Commission within the Division of Boating and
Waterways (Division).
2)Require the Division to:
a) Submit any proposed changes in regulations pertaining to
boating functions and responsibilities of the Division to the
Commission for its advice and comment prior to enactment of
changes;
b) Submit proposals to the Commission in relation to following:
acquisitions and transfers of small craft harbors to counties
or cities; grants and loans to qualified cities, counties, or
districts for small craft harbors and related improvements;
and, loans to private entities for small craft harbor
development and related improvements;
c) Submit any proposed project it is considering approving to
the Commission if that project could have a potentially
significant impact on either public health or safety, public
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access, or the environment for the Commission's advice and
comment prior to approval by the Division;
d) Annually submit a report on its budget and expenditures to
the Commission for its advice and comment; and,
e) Cause studies and surveys to be made regarding the need for
small craft harbors and connecting waterways throughout the
state and the most suitable sites therefore, and submit those
studies and surveys to the Commission for advice and comment.
3)Require the Commission to:
a) Be fully informed regarding all governmental activities
affecting programs administered by the Division;
b) Meet at least four times per year at various locations
throughout the state to receive comments on the implementation
of the programs administered by the Division and establish an
annual calendar of proposed meetings at the beginning of each
calendar year. The meetings shall include a public meeting
before the beginning of each grant program cycle to collect
public input concerning the program, recommendations for
program improvements, and specific project needs for the
system;
c) Hold a public hearing to receive public comment regarding
any proposed project it is considering if that project could
have a potentially significant impact on either public health
or safety, public access, or the environment. This hearing is
to be held at a location in close geographic proximity to the
proposed project unless a hearing consistent with federal law
or regulation has already been held regarding the project;
d) Consider, upon the request of any owner or tenant whose
property is in the vicinity of any proposed project, if that
project could have any alleged adverse impacts occurring on
that person's property, and recommend to the Division suitable
measures for the prevention of any adverse impacts determined
by the Commission to be occurring, and suitable measures for
the restoration of adversely impacted property;
e) Review and comment annually to the Division on the proposed
budget of expenditures from the revolving fund;
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f) Review all plans for new and expanded local and regional
waterways, piers, harbors, docks, or other recreational areas
that have applied for grant or loan funds from the Division
prior to approval by the Division; and,
g) With support and assistance from the Division, prepare and
submit a program report to the Governor, the Assembly Water,
Parks, and Wildlife Committee, the Senate Natural Resources and
Water Committee, the Senate Appropriations Committee, and the
Assembly Appropriations Committee on or before January 1, 2013,
and every three years thereafter. The program report shall:
i) Be adopted by the Commission after discussing the
contents during two or more public meetings; and,
ii) Address the status of any regulations adopted or being
considered by the Division, any loan or grant that has been
or is being considered for approval by the Division pending
the previous report, and a summary of resource monitoring
data compiled and restoration work completed, in compliance
with relevant Government Codes.
4)Require that an interest in "boating and waterways matters" shall
be considered amongst other factors in selecting members for the
Parks and Recreation Commission.
EXISTING LAW :
1)Establishes the Department of Boating and Waterways (Department)
in the Natural Resources Agency and charges the department with
duties related to beach erosion, harbors, and recreational boat
trails.
2)Establishes the Commission to provide advice to the Department on
policy and funding matters.
3)Establishes the State Parks and Recreation Commission in the
Department of Parks and Recreation comprised of nine members
appointed by the Governor, subject to confirmation by the Senate,
and requires that the members of the commission be selected from
areas distributed throughout the state and because of their
interest in parks, recreation, and conservation matters, as
prescribed.
AS PASSED BY THE ASSEMBLY , this bill deleted obsolete code sections
AB 737
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relating to the Model Cities program.
FISCAL EFFECT : Unknown
COMMENTS : The Department was established in 1957 to be the state's
experts on boating facilities, safety and related matters. The
Commission is an affiliated body created to advise the Department on
policy matters and approve grants and loans for building and
improving boating access facilities.
Both entities enjoy a great deal of popularity among the large and
vocal boating community in California. GRP 2 eliminated the
Commission, which members of the boating community had long felt
gave them a voice in Sacramento.
The Administration argues that there is a close equivalent of the
Department's functions in the Off-Highway Motor Vehicle Recreation
Commission (Off-Highway Commission) and the Division of Off-Highway
Motor Vehicle Recreation.
This bill recreates the Commission with the same current membership,
compensation, and selection criteria but changes its duties,
mirroring those of the Off-Highway Commission.
This bill also takes a further step towards maintaining the
interests of recreation boating in California by adding an interest
in boating activities to the criteria used for evaluating potential
members of the State Park and Recreation Commission.
Analysis Prepared by : Malcolm Maclachlan / SPECIAL COMM. ON GRP
NO. 2 / (916) 319-3875
FN: 0004347