BILL NUMBER: AB 3495 CHAPTERED
BILL TEXT
CHAPTER 202
FILED WITH SECRETARY OF STATE JULY 22, 1996
APPROVED BY GOVERNOR JULY 20, 1996
PASSED THE ASSEMBLY JULY 8, 1996
PASSED THE SENATE JULY 7, 1996
AMENDED IN SENATE JULY 7, 1996
AMENDED IN ASSEMBLY MAY 23, 1996
INTRODUCED BY Assembly Member Kaloogian and Senator Kopp
APRIL 10, 1996
An act amend Section 13108 of the Health and Safety Code, to add
Sections 4145 and 5080.27 to, and to add and repeal Sections 515 and
14306.5 of, the Public Resources Code, and to amend Section 38225 of
the Vehicle Code, relating to natural resources, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
AB 3495, Kaloogian. Natural resources.
(1) Existing law sets forth, in regard to state institutions and
state-occupied buildings, the duties of the State Fire Marshal with
regard to the preparation and adoption of building standards relating
to fire protection in the design and construction of the means of
egress and the adequacy of exits and the installation and maintenance
of fire alarm and fire extinguishment equipment or systems, the
preparation and adoption of regulations, other than building
standards, for the installation and maintenance of equipment and
furnishings that present unusual fire hazards, and the enforcement of
certain regulations and standards relating to fire and panic safety.
Existing law authorizes a local fire chief to enter any state
institution, or state-owned or state-occupied building, to prepare a
fire suppression preplanning program, and to investigate any fire in
a state-occupied building, and authorizes the State Fire Marshal to
authorize a local chief fire official to make certain inspections of
state-owned or state-occupied buildings for the purpose of enforcing
certain regulations and standards relating to fire and panic safety.
This bill would delete the provisions summarized above relating to
the duties and authority of the State Fire Marshal with regard to
state-occupied buildings, and make conforming changes relating to
local chief fire officials and fire chiefs.
(2) Existing law vests the Department of Parks and Recreation with
specified powers and duties, including control over the state park
system.
This bill would prescribe procedures for the operation and funding
of the department during the 1996-97 fiscal year, as specified.
(3) Existing law establishes the Department of Forestry and Fire
Protection and requires the department to perform various functions
pertaining to forest resources and fire protection.
This bill would express the Legislature's intent that cooperative
agreements that are entered into between the department and local
government provide for the equitable sharing of costs associated with
capital outlay projects that enlarge, enhance, or replace facilities
for the purpose of benefiting the cooperating local government, and
would require the department to prescribe those terms and conditions
for those agreements that would result in an equitable sharing of
those costs in proportion to the benefits derived, as specified. The
bill would require that any installment payments that are made in
connection with a cooperative agreement that is entered into pursuant
to those provisions be made over a period of time not exceeding 20
years at the same rate of interest as the state's Pooled Money
Investment Account, and would require that any reimbursements for
facility improvement costs under a cooperative agreement be deposited
in the General Fund.
(4) Existing law authorizes the Department of Parks and Recreation
to enter into concession contracts for units of the state park
system, subject to specified requirements.
This bill would authorize the department to enter into a
concession contract for the development, operation, and maintenance
of the Crystal Cove Historic District as a public use facility for a
period of up to 60 years, upon those terms and conditions that the
department determines are in the best interest of the state.
(5) Existing law establishes the California Conservation Corps in
the Resources Agency for the purpose of implementing and
administering various activities and programs intended to enhance the
educational opportunities and employability of the state's youth.
This bill would prescribe procedures for the operation and funding
of the corps during the 1996-97 fiscal year, as specified.
(6) Existing law requires the payment of a $9 service fee to the
Department of Motor Vehicles for the issuance or renewal of
identification of off-highway motor vehicles subject to
identification, except as provided, and requires, until January 1,
2003, the payment of an additional $6 special fee to be paid at the
time of payment of the service fee for the issuance or renewal of an
identification plate or device.
This bill would decrease to $7 the amount of the service fee
required to be paid for the issuance or renewal of identification of
off-highway motor vehicles subject to identification, and would,
until January 1, 2003, increase to $8 the additional special fee for
the issuance or renewal of an identification plate or device.
(7) The bill would declare that it is to take effect immediately
as an urgency statute.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 13108 of the Health and Safety Code is amended
to read:
13108. (a) Except as limited by Chapter 6 (commencing with
Section 140) of Division 1 of the Labor Code and Section 18930 of
this code, the State Fire Marshal shall prepare and adopt building
standards, not inconsistent with existing laws or ordinances,
relating to fire protection in the design and construction of the
means of egress and the adequacy of exits from, and the installation
and maintenance of fire alarm and fire extinguishment equipment or
systems in, any state institution or other state-owned building and
submit those building standards to the State Building Standards
Commission for approval pursuant to Chapter 4 (commencing with
Section 18935) of Part 2.5 of Division 13. The State Fire Marshal
shall prepare and adopt regulations other than building standards for
the installation and maintenance of equipment and furnishings that
present unusual fire hazards in any state institution or other
state-owned building.
(b) The fire chief of any city, county, or fire protection
district, or that person's authorized representative, may enter any
state institution or any other state-owned or state-occupied building
for the purpose of preparing a fire suppression preplanning program
or for the purpose of investigating any fire in a state-occupied
building.
(c) Except as otherwise provided in this section, the State Fire
Marshal shall enforce the regulations adopted by him or her and
building standards relating to fire and panic safety published in the
California Building Standards Code in all state-owned buildings and
state institutions throughout the state. Upon written request from
the chief fire official of any city, county, or fire protection
district, the State Fire Marshal may authorize that chief fire
official and his or her authorized representatives, in their
geographical area of responsibility, to make fire revention
inspections of state-owned buildings, other than state institutions,
for the purpose of enforcing the regulations relating to fire and
panic safety adopted by the State Fire Marshal pursuant to this
section and building standards relating to fire and panic safety
published in the California Building Standards Code. Authorization
from the State Fire Marshal shall be limited to those fire
departments or fire districts that maintain a fire prevention bureau
staffed by paid personnel.
(d) Any requirement or order made by any chief fire official
pursuant to this section may be appealed to the State Fire Marshal.
The State Fire Marshal, upon receiving an appeal and subject to the
provisions of Chapter 5 (commencing with Section 18945) of Part 2.5
of Division 13, shall determine if the requirement or order made is
reasonably consistent with the fire and panic safety regulations
adopted by him or her and building standards relating to fire and
panic safety published in the California Building Standards Code.
SEC. 2. Section 515 is added to the Public Resources Code, to
read:
515. (a) Notwithstanding any other provision of law, the
department is hereby granted the authority, for which it may expend
funds appropriated by the Budget Act of 1996, to do either of the
following:
(1) Exercise the same authority granted to the Division of the
State Architect and the Office of Real Estate and Design Services in
the Department of General Services to acquire, plan, design,
construct, and administer contracts and professional services.
(2) Permit the Prison Industry Authority to participate as a
competitive bidder, rather than as the sole source with regard to
contracts and services.
(b) Notwithstanding any other provision of law, the director, or
his or her designee, in lieu of the Director of Finance, is
authorized to carry out subdivisions (b), (c), and (d) of Section
31.00 of the Budget Act of 1996.
(c) Notwithstanding subdivision (a) of Section 948 and Section 965
of the Government Code, the director, or his or her designee, in
lieu of the Director of Finance, is authorized to certify funds for
the payment of all legal settlements, State Board of Control claims,
judgments, and tort claims, for which the department has sufficient
expenditure authority and funds without the need for an augmentation.
(d) Notwithstanding Section 11032 of the Government Code, the
director, or his or her designee, may authorize its officers and
employees to travel outside the state or country without approval by
any other agency, and the funds appropriated by the Budget Act of
1996 may be used for that purpose.
(e) (1) Notwithstanding Sections 8647, 11005, and 11005.1 of the
Government Code, but subject to paragraphs (2) and (3) of this
subdivision, the department may accept gifts and donations of
personal and real property without approval by the Director of
Finance. The department shall bear any costs associated with the
acceptance of those gifts and donations, and the funds appropriated
by the Budget Act of 1996 may be used for this purpose. The
department shall not certify the fair market value of any gift or
donation of real property without performing its own appraisal.
(2) Upon receipt of any gift or donation of real property, the
department shall certify to the Department of Finance in writing
that:
(A) The gift or donated property will have minimal impact on the
operation and maintenance costs and the department will absorb the
costs within its existing budget.
(B) The gift or donated property is adjacent to an existing park.
(C) The gift or donated property promotes park purposes.
(D) The gift or donated property has no evidence or history of
environmental hazards or contamination.
(E) There are no lawsuits pending concerning the property, and
clear title is a condition of the acceptance of the gift or donation.
(F) The gift or donated property has an estimated fair market
value of less than five hundred thousand dollars ($500,000).
(G) There are no provisions that will restrict the department or
the state from divesting title to the gift or donated property.
(H) There are no structures on the property, or any structures on
the property will be razed.
(3) If one or more of the criteria listed in paragraph (2) are not
met, the department shall obtain approval from the Department of
Finance to accept the gift or donation of real property. Any gifts
and donations that will require future budget change proposals shall
be submitted to the Department of Finance for approval.
(f) Notwithstanding Section 12439 of the Government Code, the
department is exempt from the provisions that abolish, effective July
1, 1996, any positions that were vacant continuously during the
period between October 1, 1995, and June 30, 1996.
(g) Notwithstanding any other provision of law, the director, or
his or her designee, in lieu of the Director of Finance, is
authorized to approve Budget Revision, Standard Form 26.
(h) Notwithstanding Section 16304.1 of the Government Code, the
director, or his or her designee, in lieu of the Director of Finance,
is authorized to carry out this section as it relates to the
reversion of undisturbed balances and the payment of unpaid
encumbrances.
(i) This section shall become inoperative on June 30, 1997, and,
as of January 1, 1998, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 1998, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 3. Section 4145 is added to the Public Resources Code, to
read:
4145. (a) It is the intent of the Legislature that cooperative
agreements that are entered into between the department and a local
government shall provide for the equitable sharing of costs
associated with capital outlay projects that enlarge, enhance, or
replace facilities for the purposes of benefiting the cooperating
local government.
(b) The department shall prescribe those terms and conditions for
those cooperative agreements that would result in an equitable
sharing of those costs in proportion to the benefits derived,
including any in-kind, lump-sum, or installment payments. Any
installment payment made in connection with a cooperative agreement
entered into pursuant to this section shall be made over a period of
time not exceeding a maximum of 20 years at the same rate of interest
as the rate for the state's Pooled Money Investment Account. Any
money that is received for reimbursements for facility improvement
costs, under a cooperative agreement, shall be deposited in the
General Fund.
SEC. 4. Section 5080.27 is added to the Public Resources Code, to
read:
5080.27. Notwithstanding any other provision of law, the
department is authorized to enter into a concession contract for the
development, operation, and maintenance of the Crystal Cove Historic
District as a public use facility for a period of up to 60 years,
upon those terms and conditions that the department determines to be
in the best interests of the state.
SEC. 5. Section 14306.5 is added to the Public Resources Code, to
read:
14306.5. (a) Notwithstanding Section 11032 of the Government
Code, the corps may authorize its officers and employees to travel
outside the state without approval by any other agency, and the funds
appropriated by the Budget Act of 1996 may be used for that purpose.
(b) Notwithstanding subdivisions (b), (c), and (d) of Section
31.00 of the Budget Act of 1996, the corps may authorize new
positions, reclassifications, transfers to blanket authorizations,
and the establishment of a blanket authorization, without prior
notification to the Department of Finance or the Legislature, and the
funds appropriated by the Budget Act of 1996 may be used for that
purpose. The corps shall report to the Department of Finance and the
Legislature on a quarterly basis regarding actions taken pursuant to
this authority.
(c) Notwithstanding Sections 8647, 11005, and 11005.1 of the
Government Code, the corps may accept gifts and donations of personal
property without approval by the Director of Finance. The corps
shall bear any costs associated with the acceptance of those gifts
and donations, and the funds appropriated by the Budget Act of 1996
may be used for that purpose.
(d) Notwithstanding Section 19080.3 of the Government Code, the
corps may make limited-term appointments, not exceeding a period of
four years for any appointment, without the review or approval of the
State Personnel Board, and the funds appropriated by the Budget Act
of 1996 may be used for that purpose.
(e) Notwithstanding Section 2807 of the Penal Code, the corps may
procure corpsmember-related goods and services from the private
sector, and the funds appropriated by the Budget Act of 1996 may be
used for that purpose. Notwithstanding this grant of authority, the
corps shall contract with the Prison Industry Authority for this
purpose if the Prison Industry Authority is able to meet the cost,
quality, and time requirements established by the corps for the goods
or services.
(f) Notwithstanding Sections 13332.06, 13332.08, and 14669 of, and
Chapter 6 (commencing with Section 14825) and Chapter 6.5
(commencing with Section 1483.5) of Part 5.5 of Division 3 of Title 2
of, the Government Code, and Chapter 1 (commencing with Section
10100), Chapter 2 (commencing with Section 10290), and Chapter 3
(commencing with Section 12100) of Part 2 of Division 2, the corps
may execute contracts, procure all goods and services, including any
fleet needs within 60 days or less, and negotiate all lease
agreements for office, warehouse, and other appropriate facilities
without review or approval by the Department of General Services and
pursuant to methods and procedures other than those set forth in the
State Administrative Manual, and funds appropriated by the Budget Act
of 1996 may be used for that purpose. The authority with regard to
lease agreements set forth in this subdivision does not alter the
authority or responsibilities of the Department of General Services
concerning the consolidation of offices in the Sacramento
metropolitan area or the consolidation plans for other metropolitan
areas in the state.
(g) Notwithstanding Sections 14931 and 14931.1 of, or Part 6.5
(commencing with Section 15250) of Division 3 of Title 2 of, the
Government Code, the corps may purchase electronic data processing
and telecommunications goods and services, not exceeding one million
dollars ($1,000,000) for any one procurement, without the requirement
of review or approval by the Department of General Services and
pursuant to methods and procedures other than those set forth in the
State Administrative Manual, and funds appropriated by the Budget Act
of 1996 may be used for that purpose. The corps shall continue to
use the Department of General Services CALNET, except that, if the
department is unable to provide the information and maintenance
required for the corps' statewide data base network on a
cost-competitive and timely basis, the corps shall be exempt from any
restrictions relating to CALNET that are imposed by the Office of
Telecommunications of the Department of General Services.
(h) Notwithstanding Chapter 7 (commencing with Section 14850) of
Part 5.5 of Division 3 of Title 2 of the Government Code, the corps
may procure printing services for its district field offices without
the requirement of review or approval by the Department of General
Services and pursuant to methods and procedures other than those set
forth in the State Administrative Manual, and funds appropriated by
the Budget Act of 1996 may be used for that purpose. In soliciting
competitive bids for the procurement of those services, the
Sacramento headquarters of the corps shall consider the Department of
General Services and the Office of State Printing as it would any
other bidder.
(i) This section shall become inoperative on June 30, 1997, and,
as of January 1, 1998, is repealed, unless a later enacted statute,
that becomes operative on or before January 1, 1998, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 6. Section 38225 of the Vehicle Code, as amended by Section 3
of Chapter 970 of the Statutes of 1995, is amended to read:
38225. (a) A service fee of seven dollars ($7) shall be paid to
the department for the issuance or renewal of identification of
off-highway motor vehicles subject to identification, except as
expressly exempted under this division.
(b) In addition to the service fee specified in subdivision (a), a
special fee of eight dollars ($8) shall be paid at the time of
payment of the service fee for the issuance or renewal of an
identification plate or device.
(c) All money transferred pursuant to Sections 8352.6 and 8352.7
of the Revenue and Taxation Code, all fees received by the department
pursuant to subdivision (b), and all day use, overnight use, or
annual or biennial use fees for state vehicular recreation areas
received by the Department of Parks and Recreation, shall be
deposited in the Off-Highway Vehicle Trust Fund, which is hereby
created. There shall be a separate reporting of special fee revenues
by vehicle type, including four-wheeled vehicles, three-wheelers,
motorcycles, and snowmobiles. All money shall be deposited in the
fund, which is a trust fund, and, upon appropriation by the
Legislature, shall be allocated by the Off-Highway Motor Vehicle
Recreation Commission, as provided in this section. Money in the
fund shall be administered by the commission, as trustee of the fund,
and, subject to Section 5090.61 of the Public Resources Code, shall
be allocated for those purposes set forth in Sections 38240 and
38240.1.
(d) Any money temporarily transferred by the Legislature from the
Off-Highway Vehicle Trust Fund to the General Fund shall be
reimbursed, without interest, by the Legislature within two fiscal
years of the transfer.
(e) This section shall remain in effect only until January 1,
2003, and as of that date is repealed, unless a later enacted
statute, which is enacted before January 1, 2003, deletes or extends
that date. Any unencumbered funds remaining in the Off-Highway
Vehicle Trust Fund on January 1, 2003, shall be transferred to the
General Fund.
SEC. 7. Section 38225 of the Vehicle Code, as amended by Section 4
of Chapter 970 of the Statutes of 1995, is amended to read:
38225. (a) A service fee of seven dollars ($7) shall be paid to
the department for the issuance or renewal of identification of
off-highway motor vehicles subject to identification, except as
expressly exempted under this division.
(b) This section shall become operative on January 1, 2003.
SEC. 8. 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 make the necessary statutory changes to implement the
Budget Act of 1996 at the earliest possible time, it is necessary
that this act take effect immediately.