BILL NUMBER: AB 1019	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 27, 2012
	AMENDED IN SENATE  SEPTEMBER 2, 2011
	AMENDED IN ASSEMBLY  APRIL 14, 2011

INTRODUCED BY   Assembly Member  John A. Pérez  
Buchanan 

                        FEBRUARY 18, 2011

   An act  to amend Sections 4101, 4101.3, 4102, 4104, 4105,
4106, and 4108 of the Food and Agricultural Code, and to amend
Section 12805 of the Government Code,   relating to 
solid waste, and declaring the urgency thereof, to take effect
immediately   state government  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1019, as amended,  John A. Pérez  
Buchanan  .  Solid waste: carpet stewardship. 
 State government.  
   (1) Existing law establishes within state government the State and
Consumer Services Agency comprised of various state agencies,
including, but not limited to, the Sixth District Agricultural Center
which is also known as the California Science Center. The California
Science Center includes the California African American Museum, has
jurisdiction over certain facilities at Exposition Park in Los
Angeles, and is required to establish the position of the Exposition
Park Manager for the purpose of administering all park-related
events.  
   The Governor's Reorganization Plan No. 2 of 2012 (GRP 2) proposes
to reorganize state departments and agencies to, among other things,
eliminate the State and Consumer Services Agency and transfer
jurisdiction over the California Science Center, including the
California African American Museum, the Exposition Park, and the
Exposition Park Manager, to the Natural Resources Agency. GRP 2 also
proposes to revise the organizational relationships between the
California Science Center, the California African American Museum,
the Exposition Park, and the Exposition Park Manager.  
   This bill would enact the provisions of law proposed by GRP 2 to
transfer jurisdiction over the California Science Center, including
the California African American Museum, the Exposition Park, and the
Exposition Park Manager, to the Natural Resources Agency, except that
this bill would not make the changes proposed by GRP 2 to revise the
organizational relationships between those transferred entities.
 
   (2) Existing law, the Sacramento-San Joaquin Delta Reform Act of
2009, establishes the Delta Stewardship Council as an independent
agency of the state. Existing law establishes various departments and
state entities in the Natural Resources Agency and GRP 2 proposes to
revise the departments and entities that the agency consists of to,
among other things, include the Delta Stewardship Council.  

   This bill would enact the provision of law proposed by GRP 2
revising the various departments and state entities that the Natural
Resources Agency consists of, except that the bill would exclude the
council from that agency.  
   (3) GRP 2 is proposed to become operative on July 1, 2013, if not
disapproved by the Legislature in accordance with specified
procedures.  
   This bill would become operative on July 1, 2013, and only if GRP
2 becomes effective.  
   Existing law establishes a carpet stewardship program,
administered by the Department of Resources Recycling and Recovery,
that requires a carpet manufacturer or a carpet stewardship
organization to adopt a plan for the purpose of increasing the amount
of postconsumer carpet that is diverted from landfills and recycled
into secondary products or managed in a manner that is consistent
with the state's hierarchy for waste management practice. Under the
plan, an assessment is to be imposed on the carpet sold in the state
for the purposes of funding the implementation of the plan. 

   Proposition 26, approved by the voters by initiative on November
2, 2010, amends Article XIII A of the California Constitution to
provide that certain levies, charges, or exactions imposed by the
state and adopted after January 1, 2010, but before November 3, 2010,
is void 12 months after the November 3, 2010, effective date of
Proposition 26 unless it is reenacted in compliance with the
requirements of Article XIII A of the California Constitution.
 
   This bill would reenact the state law that enacted the carpet
stewardship program and would provide that law continues to be
operative on and after November 3, 2011.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote:  2/3   majority  . Appropriation:
no. Fiscal committee: yes. State-mandated local program: no.


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

   SECTION 1.    Section 4101 of the   Food and
Agricultural Code   is amended to read: 
   4101.  The Sixth District Agricultural Association  shall
  may also  be known as the California Science
Center. It is in the  State and Consumer Services 
 Natural Resources  Agency and is deemed to be a tax-exempt
organization as an instrumentality of this state in accordance with
Section 23706 of the Revenue and Taxation Code.
   SEC. 2.    Section 4101.3 of the   Food and
Agricultural Code   is amended to read: 
   4101.3.  (a) Notwithstanding any other provision of law, the
California Science Center is hereby authorized to enter into a site
lease with the California Science Center Foundation, a California
Nonprofit Corporation, with the approval of the  State and
Consumer Services   Natural Resources  Agency, 
the  Department of Finance, and the Department of General
Services, for the purpose of the foundation developing, constructing,
equipping, furnishing, and funding the project known as Phase II of
the California Science Center. The overall construction cost and
scope shall be consistent with the amount authorized in 2002 Budget
Act, provided that nothing in this section shall prevent the
foundation from expending additional nonstate funds to complete Phase
II provided that the additional expenditures do not result in
additional state operation and maintenance costs. Any additional
expenditure of nonstate funds by the foundation shall not increase
the state's contribution.
   (b) For the purpose of carrying out subdivision (a), all of the
following shall apply:
   (1) In connection with the development described in subdivision
(a), above, the foundation may, in its determination, select the most
qualified construction manager/general contractor to oversee and
manage the work and prepare the competitive bid packages for all
major subcontractors to be engaged in the construction of Phase II
Project. Any construction manager/general contractor selected shall
be required to have a California general contractor's license.
   (2) Prior to commencement of construction of the Phase II Project,
the California Science Center shall enter into a lease-purchase
agreement upon approval by the Department of Finance with the
foundation on terms that are compatible with the Phase I Project
financing. The term of the lease-purchase agreement shall be a term
not to exceed 25 years. Lease payments on behalf of the state shall
be commensurate with the twenty-two million nine hundred forty-five
thousand two hundred sixty-three dollars ($22,945,263), (nineteen
million one hundred thirty-seven thousand dollars ($19,137,000) plus
19.9 percent augmentation authority) construction cost allocation of
the state. Lease payments may also include any cost of financing that
the foundation may incur related to tax exempt financing. The
California Science Center shall be authorized to direct the 
State Controller's Office   Controller  to send the
rental payments under the lease-purchase agreement directly to the
foundation's bond trustee.
   (3) The foundation shall ensure that the Phase II Project is
inspected during construction by the state in the manner consistent
with state infrastructure projects. The foundation shall also
indemnify and defend and save harmless the Department of General
Services for any and all claims and losses accruing and resulting
from or arising out of the foundation's use of the state's plans and
specifications. The foundation and the California Science Center,
upon consultation with the Director of  the Department of
 General Services and the Department of Finance shall agree
on a reasonable level of state oversight throughout the construction
of the Phase II Project in order to assist the foundation in the
completion of the project within the intended scope and cost.
   (4) At the end of the term of the site lease and the
lease-purchase agreement unencumbered title to the land and
improvements shall return to the  State of California
  state  with jurisdiction held by the California
Science Center.
   SEC. 3.    Section 4102 of the   Food and
Agricultural Code   is amended to read: 
   4102.  The California Science Center, with the approval of the
 State and Consumer Services   Natural Resources
 Agency, may build, construct, and maintain and operate a
stadium or any arena, pavilion, or other building that is to be used
for the holding of sports events, athletic contests, contests of
skill, exhibitions, spectacles, and other public meetings. It may
lease, let, or grant licenses for the use of that stadium, arena,
pavilion, or other building, with the approval of the agency.
   SEC. 4.    Section 4104 of the   Food and
Agricultural Code   is amended to read: 
   4104.  (a) The Legislature hereby finds and declares that there is
a need for a state repository dedicated to the diverse contributions
of  African-Americans   African Americans 
to the history and culture of this state and the nation.
   (b) The California  African-American  
African American  Museum is a part of, and coexists with, the
California Science Center.
   (c) The California  African-American  
African American  Museum is governed by a seven-member board of
directors. The Governor shall appoint the seven members, at least
four of whom shall reside within the boundaries of the 6th
Agricultural District. In addition, the Senator representing the
Senate district in which the California  African-American
  African American  Museum is located and the
Assembly Member representing the Assembly district in which the
museum is located shall be ex officio nonvoting members of the board.
The two legislative ex officio nonvoting members of the board shall
participate in the activities of the board to the extent that their
participation is not incompatible with their respective positions as
Members of the Legislature. The appointees of the Governor shall be
appointed to four-year terms with the initial terms of appointment
expiring as follows: one term expiring January 1, 1984, one term
expiring January 1, 1985, one term expiring January 1, 1986, and one
term expiring January 1, 1987. The person appointed to the Advisory
Board of the California Museum of  African-American 
 African American  History and Culture by the Board of
Directors of the California Science Center prior to the amendments
made to this section by Chapter 1439 of the Statutes of 1987 shall
serve on the Board of Directors of the California 
African-American   African American  Museum until
the Governor makes the fifth appointment authorized pursuant to those
amendments. The fifth appointment made to the board shall serve a
term expiring on January 1, 1990, the sixth appointment shall serve a
term expiring on January 1, 1991, and the seventh appointment shall
serve a term expiring on January 1, 1992.
   (d) The Board of Directors of the California 
African-American   African American  Museum shall
have the sole authority, subject to existing state laws, regulations,
and procedures, to determine how funds that have been appropriated
and duly allocated by the Legislature and the Governor for support of
the museum shall be expended. The board also shall have the sole
authority, subject to existing state laws, regulations, and
procedures, to contract with any state agency, institution,
independent contractor, or private nonprofit organization that the
board determines to be appropriate and qualified to assist in the
operation of the museum. The board shall further have authority to
establish the operations, programs, activities, and exhibitions of
the California  African-American  African
American  Museum. The Board of Directors of the California
 African-American   African American 
Museum shall be solely responsible for the actions taken and the
expenditures made by the staff of the California 
African-American   African American  Museum in the
scope and course of their employment.
   (e) The Board of Directors of the California 
African-American   African American  Museum shall
appoint an executive director, who shall be exempt from civil
service, and any necessary staff to carry out the provisions of this
section, who shall be subject to the State Civil Service Act (Part 2
(commencing with Section 18500) of Division 5 of Title 2 of the
Government Code). The California  African-American 
 African American  Museum shall submit its annual budget
request directly to the  State and Consumer Services
  Natural Resources  Agency. The California
 African-American   African American 
Museum may accept grants, contributions, and appropriations from
federal, state, local, and private sources for its operation.
   (f) The California  African-American  
African American  Museum shall preserve, collect, and display
samples of  African-American   African American
 contributions to the arts, sciences, religion, education,
literature, entertainment, politics, sports, and history of the state
and the nation. The enrichment and historical perspective of that
collection shall be made available for public use and enjoyment.
   (g) The California  African-American  
African American  Museum shall use stationery and other supplies
of the former museum and shall phase in the name change with
existing resources.
   SEC. 5.    Section 4105 of the   Food and
Agricultural Code   is amended to read: 
   4105.  Notwithstanding any other provision of law, from December
14 to December 21, inclusive, of any year, the California Science
Center  may   shall  not charge parking
fees for the parking facilities surrounding the Los Angeles Memorial
Coliseum when an event is being held at the facilities of the museum
by a private nonprofit charitable organization for the purpose of
collection and distribution of toys and food.
   SEC. 6.    Section 4106 of the   Food and
Agricultural Code   is amended to read: 
   4106.  (a) The California Science Center shall work with the Los
Angeles Memorial Coliseum Commission, the City of Los Angeles, and
the County of Los Angeles to develop additional parking facilities in
Exposition Park to the extent necessary to allow for expansion of
the park.
   (b) The California Science Center shall manage or operate its
parking facilities in a manner that preserves and protects the
interests of itself and the California African-American Museum and
recognizes the cultural and educational character of Exposition Park.

   (c) The Exposition Park Improvement Fund is hereby created in the
State Treasury. All revenues received by the California Science
Center from its parking facilities, from rental of museum facilities,
or from other business activities shall be deposited in the
Exposition Park Improvement Fund.
   (d) The moneys in the Exposition Park Improvement Fund may only be
used, upon appropriation by the Legislature, for improvements to
Exposition Park, including, but not limited to, maintenance of
existing parking and museum facilities, replacement of museum
equipment, supplies and wages expended to generate revenues from
rental of museum facilities, development of new parking facilities,
and acquisition of land within or adjacent to Exposition Park.
   (e)  (1)    The Legislature hereby finds and
declares that there is a need for development of additional park,
recreation, museum, and parking facilities in Exposition Park. The
Legislature recognizes that the provision of these needed
improvements as identified in the California Science Center
Exposition Park Master Plan may require the use of funds provided by
other governmental agencies or private donors. 
   The 
    (2)     The  California Science Center
may accept funds from other governmental agencies or private
contributions for the purpose of implementation of the California
Science Center Exposition Park Master Plan. The private contributions
and funds from governmental agencies other than state governmental
agencies shall be deposited in the Exposition Park Improvement Fund
in the State Treasury and shall be available for expenditure without
regard to fiscal years by the California Science Center for
implementation of the California Science Center Exposition Park
Master Plan. Funds from other state governmental agencies shall be
deposited in the Exposition Park Improvement Fund and shall be
available for expenditure, upon appropriation, by the California
Science Center for implementation of the California Science Center
Exposition Park Master Plan. However, any expenditure is not
authorized sooner than 30 days after notification in writing of the
necessity therefor to the chairperson of the committee in each house
that considers appropriations and the Chairperson of the Joint
Legislative Budget Committee, or not sooner than whatever lesser time
as the chairperson of the joint committee, or his or her designee,
may in each instance determine. Neither the City of Los Angeles nor
the County of Los Angeles shall impose any tax upon tickets purchased
authorizing the use of parking facilities owned by the California
Science Center.
   SEC. 7.    Section 4108 of the   Food and
Agricultural Code   is amended to read: 
   4108.  The California Science Center shall establish the position
of Exposition Park Manager to be filled by a person appointed by the
Governor for the purpose of managing, scheduling, and administering
all park-related events, including  , but not limited to, 
oversight for the police and security services of the park.
   (a) The Exposition Park Manager may appoint the following persons:

   (1) The chief and assistant chief of museum security and safety
who shall have the powers of peace officers as specified in Section
830.3 of the Penal Code.
   (2) Other safety officers who shall have the powers of arrest as
specified in Section 830.7 of the Penal Code.
   (b) The officers appointed pursuant to subdivision (a) shall
provide police and security services to keep order and to preserve
the peace and safety of persons and property at the California
Science Center and at Exposition Park on a year-round basis.
   SEC. 8.    Section 12805 of the   Government
Code   is amended to read: 
   12805.  (a) The Resources Agency is hereby renamed the Natural
Resources Agency. The Natural Resources Agency consists of the
departments of Forestry and Fire Protection, Conservation, Fish and
Game,  Boating and Waterways,  Parks and Recreation,
 Resources Recycling and Recovery,  and Water
Resources; the State Lands Commission; the Colorado River Board; the
San Francisco Bay Conservation and Development Commission; the
Central Valley Flood Protection Board; the Energy Resources
Conservation and Development Commission; the Wildlife Conservation
Board; the Delta Protection Commission;  the  
California Science Center;  the Native American Heritage
Commission; the California Conservation Corps; the California Coastal
Commission; the State Coastal Conservancy; the California Tahoe
Conservancy; the Santa Monica Mountains Conservancy; the Coachella
Valley Mountains Conservancy; the San Joaquin River Conservancy; the
San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy;
the Baldwin Hills Conservancy; the San Diego River Conservancy; and
the Sierra Nevada Conservancy.
   (b)  No existing   Existing  supplies,
forms, insignias, signs, or logos shall  not  be destroyed
or changed as a result of changing the name of the Resources Agency
to the Natural Resources Agency, and those materials shall continue
to be used until exhausted or unserviceable.
  SEC. 9.    Notwithstanding Section 12080.8 of the
Government Code, or any other law, the following provisions shall
prevail regardless of the dates on which this act and the Governor's
Reorganization Plan No. 2 of 2012 take effect:  
   (a) The amendments to Section 4101 of the Food and Agricultural
Code as set forth in Section 1 of this act shall prevail over the
amendments set forth in Section 71 of the Governor's Reorganization
Plan No. 2 of 2012.  
   (b) The amendments to Section 4101.3 of the Food and Agricultural
Code as set forth in Section 2 of this act shall prevail over the
amendments set forth in Section 72 of the Governor's Reorganization
Plan No. 2 of 2012.  
   (c) The amendments to Section 4102 of the Food and Agricultural
Code as set forth in Section 3 of this act shall prevail over the
amendments set forth in Section 74 of the Governor's Reorganization
Plan No. 2 of 2012.  
   (d) The amendments to Section 4104 of the Food and Agricultural
Code as set forth in Section 4 of this act shall prevail over the
amendments set forth in Section 75 of the Governor's Reorganization
Plan No. 2 of 2012.  
   (e) The amendments to Section 4105 of the Food and Agricultural
Code as set forth in Section 5 of this act shall prevail over the
amendments set forth in Section 76 of the Governor's Reorganization
Plan No. 2 of 2012.  
   (f) The amendments to Section 4106 of the Food and Agricultural
Code as set forth in Section 6 of this act shall prevail over the
amendments set forth in Section 77 of the Governor's Reorganization
Plan No. 2 of 2012.  
   (g) The amendments to Section 4108 of the Food and Agricultural
Code as set forth in Section 7 of this act shall prevail over the
amendments set forth in Section 78 of the Governor's Reorganization
Plan No. 2 of 2012.  
   (h) The amendments to Section 12805 of the Government Code as set
forth in Section 8 of this act shall prevail over the amendments set
forth in Section 205 of the Governor's Reorganization Plan No. 2 of
2012. 
   SEC. 10.    (a) Sections 1 to 8, inclusive, of this
act shall become operative only if the Governor's Reorganization Plan
No. 2 of 2012 becomes effective.  
   (b) Except as otherwise provided in subdivision (a), Sections 1 to
8, inclusive, of this act shall become operative on July 1, 2013.
 
  SECTION 1.    Chapter 20 (commencing with Section
42970) of Part 3 of Division 30 of the Public Resources Code is
hereby reenacted and shall continue to be operative on and after
November 3, 2011.  
  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:
   To ensure the continued operation of the carpet stewardship
program for the preservation of public health and the environment, it
is necessary for this measure to take effect immediately.