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 AB 1019 (Buchanan) continued Page 2 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 AB 1019 (Buchanan) continued Page 3 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 AB 1019 (Buchanan) continued Page 4 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 **********