BILL NUMBER: AB 146	AMENDED
	BILL TEXT

	AMENDED IN SENATE  FEBRUARY 11, 2014
	AMENDED IN ASSEMBLY  MARCH 19, 2013

INTRODUCED BY   Assembly Member  Gorell   Olsen


                        JANUARY 18, 2013

   An act to  add Section 7073.7 to the Government Code,
relating to economic development.   amend Section 14631
of the Government Code, relating to the State Capitol, and declaring
the urgency thereof, to take effect immediately. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 146, as amended,  Gorell   Olsen  .
 Economic development: enterprise zones: joint application.
  State Capitol: location of California American
Portuguese Veterans Memorial.  
   Existing law prescribes various duties for the Department of
General Services in connection with the development and maintenance
of the park around the State Capitol Building. Existing law
authorizes the American Portuguese Club Incorporated, in consultation
with the department and a specifically created committee, to
construct and maintain a memorial in the existing All Veterans
Memorial to honor California American Portuguese veterans, as
specified.  
   This bill would modify provisions relating to the site of the
memorial, requiring it to be located within the Veterans Memorial
Grove, a specified area adjacent to the All Veterans Memorial. 

   This bill would declare that it is to take effect immediately as
an urgency statute.  
   The Enterprise Zone Act authorizes the designation of certain
depressed areas in this state as enterprise zones for purposes of
providing specific economic incentives within those areas, upon
application by a city, county, or city and county.  

   This bill, notwithstanding any other provision of the act, would
authorize the City of Oxnard, the City of Port Hueneme, and the
Oxnard Harbor District to jointly apply for designation as an
enterprise zone, as specified.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the cities of Oxnard and Port
Hueneme and the Oxnard Harbor District. 
   Vote:  majority   2/3 . Appropriation:
no. Fiscal committee:  no   yes  .
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION   1.    Section 14631 of the 
 Government Code   is amended to read: 
   14631.  (a)  (1)    The American Portuguese Club
Incorporated, or any successor entity,  may,  in
consultation with the department,  may  plan and construct a
memorial  in the existing All Veterans Memorial  to
honor California American Portuguese veterans  , as  
provided in this section  . 
   (2) The memorial shall be located within the Veterans Memorial
Grove, as identified in Section 16 of Sheet 5, Capitol Park
Topographic Survey by Morrow Surveying Land Surveyors, dated November
11, 2011, adjacent to the All Veterans Memorial. For purposes of
this section, "All Veterans Memorial" means that area in Section 16
from the foot of the berm retaining wall due north to the asphaltic
concrete pathways. "Veterans Memorial Grove" means that undeveloped
area in Section 16 from the foot of the berm retaining wall due south
to the N Street sidewalk. 
   (b) The California American Portuguese Veterans Memorial Committee
is hereby established and shall include as members all of the
following:
   (1) The director, or his or her designee.
   (2) The State Historic Preservation Officer, or his or her
designee.
   (3) A Member of the Assembly appointed by the Speaker of the
Assembly.
   (4) A Member of the Senate appointed by the Senate Committee on
Rules.
   (c) The department, in consultation with the American Portuguese
Club Incorporated, shall do all of the following:
   (1) Review the preliminary design plans to identify potential
maintenance concerns.
   (2) Ensure compliance with the federal Americans with Disabilities
Act of 1990 (42 U.S.C. Sec. 12101 et seq.) and with any other safety
concerns.
   (3) Review and approve California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code) documents prepared for work at the designated historic
property.
   (4) Review final construction documents to ensure that all
requirements are met.
   (5) Prepare the right-of-entry permit outlining the final area of
work, final construction documents, construction plans, the
contractor hired to perform the work, insurance, bonding, provisions
for damage to state property, and inspection requirements.
   (6) Prepare a maintenance agreement outlining the American
Portuguese Club Incorporated's responsibility for the long-term
maintenance of the memorial due to aging, vandalism, or relocation.
   (7) Inspect the construction performed by the contractor selected
by the California American Portuguese Veterans Memorial Committee.
   (d) If the American Portuguese Club Incorporated undertakes
responsibility to construct a memorial under this section, it shall,
in consultation with the department, establish a schedule for the
design, construction, and dedication of the memorial, 
implement procedures to solicit designs for the memorial and devise a
selection process for the choice of the design,  and
establish a program for the dedication of the memorial.
   (e) The department, the Department of Veterans Affairs, and the
California American Portuguese Veterans Memorial Committee shall
approve the design of the memorial.
   (f) If the American Portuguese Club Incorporated undertakes
responsibility to construct a memorial under this section, it shall
not begin construction of the memorial until  the master plan
of the State Capitol Park is approved and adopted by the Joint
Committee on Rules, and  the Joint Committee on Rules and
the Department of Finance have determined that sufficient private
funding is available to construct and maintain the memorial.
   (g) The planning, construction, and maintenance of the memorial
shall be funded exclusively through private donations to the American
Portuguese Club Incorporated.
   (h) If the American Portuguese Club Incorporated undertakes
responsibility to construct a memorial under this section, it shall
sign a maintenance agreement with the state, as created under
paragraph (6) of subdivision (d), to maintain the memorial with
private contributions.
   (i) As adopted by the Joint Committee on Rules, this memorial
shall be constructed within the  existing boundary of the All
Veterans Memorial.   boundaries of the Veterans
Memorial Grove, as described in paragraph (2) of subdivision (a).

   SEC.   2.    This act is an urgency statute
necessary for the immediate preservation of the public peace, health,
or safety within the meaning of Article IV of the Constitution and
shall go into immediate effect. The facts constituting the necessity
are:  
   In order to facilitate completion of the California American
Portuguese Veterans Memorial at the earliest possible time prior to
the celebration of Portuguese Heritage Month in June 2014, it is
necessary for this act to take immediate effect.  
  SECTION 1.    The Legislature finds and declares
that the partnerships established between the City of Oxnard, the
City of Port Hueneme, and the Oxnard Harbor District reflect the
local community's shared goal of alleviating their
higher-than-average unemployment and poverty, and the establishment
of an enterprise zone will create new opportunities for local workers
and jump-start economic growth by promoting new business and jobs.
The Legislature further finds and declares that with an enterprise
zone designation, the partnership between these entities will allow
greater resources and marketing potential to drive local economic
activity.  
  SEC. 2.    Section 7073.7 is added to the
Government Code, to read:
   7073.7.  (a) Notwithstanding any other provision of this chapter,
the City of Oxnard, the City of Port Hueneme, and the Oxnard Harbor
District may jointly submit an application to the department for
designation as an enterprise zone.
   (b)  Unless otherwise agreed to by the applicants and the
department, the Oxnard City Council shall serve as the governing body
for the enterprise zone designated pursuant to this section.
 
  SEC. 3.    The Legislature finds and declares that
a special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the unique collaborative economic
relationship between the City of Oxnard, the City of Port Hueneme and
the Oxnard Harbor District.