BILL NUMBER: AB 1019 CHAPTERED
BILL TEXT
CHAPTER 137
FILED WITH SECRETARY OF STATE JULY 17, 2012
APPROVED BY GOVERNOR JULY 17, 2012
PASSED THE SENATE JULY 5, 2012
PASSED THE ASSEMBLY JULY 5, 2012
AMENDED IN SENATE JUNE 27, 2012
AMENDED IN SENATE SEPTEMBER 2, 2011
AMENDED IN ASSEMBLY APRIL 14, 2011
INTRODUCED BY Assembly Member 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 state government.
LEGISLATIVE COUNSEL'S DIGEST
AB 1019, Buchanan. 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.
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 may also be
known as the California Science Center. It is in the 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 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
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 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 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
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 to the history and culture of this state and
the nation.
(b) The California African American Museum is a part of, and
coexists with, the California Science Center.
(c) The California 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 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
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 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
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 Museum. The Board of Directors of the
California African American Museum shall be solely responsible for
the actions taken and the expenditures made by the staff of the
California African American Museum in the scope and course of their
employment.
(e) The Board of Directors of the California 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 Museum shall
submit its annual budget request directly to the Natural Resources
Agency. The California African American Museum may accept grants,
contributions, and appropriations from federal, state, local, and
private sources for its operation.
(f) The California African American Museum shall preserve,
collect, and display samples of 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 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 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.
(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, Parks and Recreation, 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) 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.