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 ----------------------------------------------------------------- |ASSEMBLY: | |(January 26, |SENATE: |36-0 |(July 5, 2012) | | | |2012) | | | | ----------------------------------------------------------------- (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 AB 737 Page 2 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; AB 737 Page 3 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 Page 4 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