BILL NUMBER: SB 1082 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 28, 2016
INTRODUCED BY Senator McGuire
FEBRUARY 17, 2016
An act to amend Section 35615 5549
of the Public Resources Code, relating to ocean resources.
parks.
LEGISLATIVE COUNSEL'S DIGEST
SB 1082, as amended, McGuire. Ocean Protection Council:
functions and duties. Regional park and open-space
districts: general manager: powers.
Existing law generally authorizes the general manager of any park
or open-space district, with district board approval, to bind the
district, in accordance with board policy, and without advertising,
for the payment for supplies, materials, labor, or other valuable
consideration for any purpose in amounts not exceeding $25,000.
However, existing law grants that authority to the general managers
of the East Bay Regional Park District and the Midpeninsula Regional
Open Space District with respect to the payment of amounts not
exceeding $50,000.
This bill would also grant that authority with respect to the
payment of amounts not exceeding $50,000 to the general manager of
the Sonoma County Agricultural Preservation and Open Space District.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Sonoma County Agricultural
Preservation and Open Space District.
Existing law, the California Ocean Protection Act, establishes the
California Ocean Protection Council and prescribes the membership
and functions and duties of the council with regard to the
protection, conservation, and restoration of coastal waters and ocean
resources.
This bill would make various nonsubstantive changes in provisions
prescribing the functions and duties of the council.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5549 of the Public
Resources Code is amended to read:
5549. (a) The general manager has the following administrative
and executive functions, powers, and duties. The general manager
shall do all of the following:
(1) Enforce this article and all ordinances and regulations of the
district.
(2) Appoint and remove subordinates, clerks, and other employees,
and exercise supervision and control over all departments and offices
of the district, subject to the personnel rules, civil service or
merit system, and policies adopted by the board.
(3) Attend all meetings of the board unless excused by the board.
(4) Submit to the board for adoption any measures, ordinances, and
regulations he or she deems necessary or expedient.
(5) Enforce all terms and conditions imposed in favor of the
district or its inhabitants in any contract and report any violations
to the board or the police department, as appropriate.
(6) Prepare and submit the annual budget to the board and perform
all other duties imposed by this article or by the board.
(b) (1) With the approval of the board, the general manager may
bind the district, in accordance with board policy, and without
advertising, for the payment for supplies, materials, labor, or other
valuable consideration for any purpose, including new construction
of a building, structure, or improvement, in amounts not exceeding
twenty-five thousand dollars ($25,000). All expenditures shall be
reported to the board of directors at its next regular meeting.
(2) Notwithstanding paragraph (1), with the approval of the board,
the general manager of the East Bay Regional Park District
and District, the general manager of the
Midpeninsula Regional Open Space District
District, and the general manager of the Sonoma County
Agricultural Preservation and Open Space District may bind
those districts, in accordance with board policy, and without
advertising, for the payment of supplies, materials, labor, or other
valuable consideration for any purpose, including new construction of
a building, structure, or improvement, in amounts not exceeding
fifty thousand dollars ($50,000). All expenditures shall be reported
to the board of directors at its next regular meeting.
SEC. 2. 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 financial situation of
the districts affected by this act.
SECTION 1. Section 35615 of the Public
Resources Code is amended to read:
35615. The council shall do all of the following:
(a) (1) Coordinate the activities of state agencies that are
related to the protection and conservation of coastal waters and
ocean ecosystems to improve the effectiveness of state efforts to
protect ocean resources within existing fiscal limitations,
consistent with Sections 35510 and 35515.
(2) Establish policies to coordinate the collection, evaluation,
and sharing of scientific data related to coastal and ocean resources
among agencies.
(3) (A) Establish a science advisory team of distinguished
scientists to assist the council in meeting the purposes of this
division. At the request of the council, the science advisory team
may convene to identify, develop, and prioritize subjects and
questions for research or investigation, and review and evaluate
results of research or investigations to provide information for the
council's activities.
(B) The science advisory team shall include scientists from a
range of disciplines that are a part of the council's purview.
(C) The science advisory team shall provide an independent and
timely analysis of reports and studies, identifying areas of
scientific consensus or uncertainty, using the best available science
by drawing on state, national, and international experts.
(D) Scientists selected as members of the science advisory team
shall serve without compensation, except for reimbursement of
expenses and subject to the terms of an existing contract with the
state.
(4) Contract with the California Ocean Science Trust and other
nonprofit organizations, ocean science institutes, academic
institutions, or others that have experience in conducting the
scientific and educational tasks that are required by the council.
(5) Transmit the results of research and investigations to state
agencies to provide information for policy decisions.
(6) Identify and recommend to the Legislature changes in law that
are needed to achieve the goals of this section.
(b) (1) Identify changes in federal law and policy necessary to
achieve the goals of this division and to improve protection,
conservation, and restoration of ocean ecosystems in federal and
state waters off the state's coast.
(2) Recommend to the Governor and the Legislature actions the
state should take to encourage those changes in federal law and
policy.
____ CORRECTIONS Text--Page 3.
____