BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                       Bill No:  AB 
          1019
          
                 SENATE COMMITTEE ON GOVERNMENTAL ORGANIZATION
                       Senator Roderick D. Wright, Chair
                           2011-2012 Regular Session
                                 Staff Analysis



          AB 1019  Author:  Buchanan
          As Amended:  June 27, 2012
          Hearing Date:  July 2, 2012
          Consultant:  Paul Donahue


                                     SUBJECT  

            Delta Stewardship Council and California Science Center; 
                                 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)Enacts the provisions of law proposed by GRP 2 to 
            transfer jurisdiction over the California Science Center 
            to the Natural Resources Agency.

          2)Does not make corresponding changes proposed by GRP 2 to 
            revise the organizational relationships among the 
            California Science Center, the Exposition Park, the 
            African American Museum and the Exposition Park Manager.

          3)Departs from the provisions of GRP 2 by excluding the 
            Delta Stewardship Council from the list of departments 
            and state entities that comprise the Natural Resources 
            Agency. 

          4)Enacts the provision of law proposed by GRP 2 that 
            revises various departments and state entities that 
            comprise the Natural Resources Agency, except that this 




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            bill specifically excludes the Delta Stewardship Council 
            from that agency.

          5)Provides that this bill will become operative on July 1, 
            2013, and only if GRP 2 becomes effective.

                                   EXISTING LAW

           1)Establishes the Delta Stewardship Council as an 
            independent agency of the state pursuant to the 
            Sacramento-San Joaquin Delta Reform Act of 2009. 

          2)Declares that the Natural Resources Agency consists of 
            various departments and state entities, not including the 
            Delta Stewardship Council.

          3)Establishes the Sixth District Agricultural Association, 
            aka the California Science Center, as a tax-exempt 
            organization and instrumentality of the state under the 
            administrative jurisdiction of the State and Consumer 
            Services Agency.

          4)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 
            reorganization of state government agencies and 
            departments.  This bill is intended to be submitted for 
            consideration by the Governor as a companion measure to 
            GRP 2. 

           2)Delta Stewardship Council  : In 2009, the Legislature 
            enacted SBX7 1 (Simitian), which enacted the 
            Sacramento-San Joaquin Delta Reform Act of 2009 and among 
            other things established the Delta Stewardship Council as 
            an independent agency of the state.  The Council is 
            required to develop, adopt, and commence implement a 




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            comprehensive management plan for the Delta.  

          If a state or local public agency proposes to undertake 
            specified activities within the boundaries of the Delta 
            or the Suisun Marsh, the agency must prepare and submit 
            to the Council a written certification that the proposed 
            action is consistent with the Delta Plan prior to taking 
            those actions. The Act established an appeal process by 
            which a person may claim that a proposed action is 
            inconsistent with the Delta Plan.  The appeals are heard 
            by the Delta Stewardship Council. 

          3)Because the Council is in a position to hear appeals that 
            may challenge a proposed action by a state agency or a 
            department housed within the Natural Resources Agency, 
            the author and the proponents of this bill believe that 
            the Council should remain separated in all respects from 
            the Natural Resources Agency.  This bill accomplishes 
            this by excluding the Council from the list of entities 
            comprising the Natural Resources Agency, thereby 
            preserving the status quo with respect to the Delta 
            Stewardship Council. 

           4)California Science Center  :  Under existing law, the 
            California Science Center (aka the 6th District 
            Agricultural Association) includes the California African 
            American Museum, has jurisdiction over certain facilities 
            at Exposition Park in Los Angeles, and is required to 
            create (and supervise) the position of the Exposition 
            Park Manager, who is charged with administering 
            Exposition Park-related events.  

            The GRP 2 revises the organizational relationships 
            between the California Science Center, the California 
            African American Museum, and the Exposition Park Manager. 
            It provides that Exposition Park Manager, the California 
            African American Museum and the California Science Center 
            are included within a new entity known as Exposition 
            Park.  

            Thus, the California Science Center would no longer be 
            the governing body.  Governance would be shared among the 
            Science Center, the Exposition Park Manager and the 
            African American Museum. 

            This bill restores the organizational governance 




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            structure to that which is in existing law, while 
            continuing to transfer administrative jurisdiction over 
            the Science Center from the State and Consumer Services 
            Agency to the Natural Resources Agency, as provided for 
            in the GRP 2. 

                            PRIOR/RELATED LEGISLATION
           
           Governor's Reorganization No. 2 (2011-2012 Session)  
          transfers jurisdiction over the California Science Center 
          from the State and Consumer Services Agency to the Natural 
          Resources Agency.  GRP 2 also includes Delta Stewardship 
          Council in the list of departments and state entities that 
          comprise the Natural Resources Agency. (Pending in Senate)

           SUPPORT:   

          None on file

           OPPOSE:   

          None on file

           FISCAL COMMITTEE:   Senate Appropriations Committee



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