BILL ANALYSIS                                                                                                                                                                                                    �



                                                                AB 1019
                                                                Page  1

        (  Without Reference to File  )

        CONCURRENCE IN SENATE AMENDMENTS
        AB 1019 (Buchanan)
        As Amended  June 27, 2012
        Majority vote
         
         ----------------------------------------------------------------- 
        |ASSEMBLY:  |     |(May 23, 2011)  |SENATE: |36-0 |(July 5, 2012) |
         ----------------------------------------------------------------- 
                  (vote not relevant)           
         
         Original Committee Reference:    B., P. & C.P.  

         SUMMARY  :  Maintains the Delta Stewardship Council (Council) as an 
        independent body and recasts the original statutory relationships 
        among the California Science Center, the California African American 
        Museum (CAAM), and the Office of Exposition Park Management (OPM) if 
        the Governor's Reorganization Plan No. 2 of 2012 (GRP 2) is enacted. 


         The Senate amendments  delete the Assembly version of this bill, and 
        instead condition the following on the enactment of GRP 2:

        1)Maintain the Council as an independent body.

        2)Restore the coequal relationships among the California Science 
          Center, CAAM, and OPM.

        3)Make clarifying and technical changes. 

         EXISTING LAW  :

        1)Establishes the Council as an independent entity to achieve the 
          state-mandated coequal goals of providing a more reliable water 
          supply for California and protecting, restoring, and enhancing the 
          Delta ecosystem. 

        2)Establishes the California Science Center, CAAM, and OPM, 
          collectively known as the California Science Center, within the 
          State and Consumer Services Agency. 

         AS PASSED BY THE ASSEMBLY  , this bill established January 1, 2014, as 
        the date by which the Department of General Services must take steps 
        to recycle postconsumer carpet removed from buildings owned or 








                                                                AB 1019
                                                                Page  2

        leased by the state.

         FISCAL EFFECT  :  Unknown  

         COMMENTS  : 

         Council :  The Legislature created the Council in 2009 (SB 1 X7 
        (Simitian and Steinberg), Chapter 5, Statutes of 2009-10 Seventh 
        Extraordinary Session) to achieve the coequal goals of providing a 
        more reliable water supply for California and protecting, restoring, 
        and enhancing the Delta ecosystem.  These goals are embodied in the 
        Delta Plan (Plan), which is being created and will be implemented by 
        the Council.  

        All state and local agencies have a duty to make their actions in 
        the Delta consistent with the Plan.  The Council was deliberately 
        created as an independent body to insulate it from political 
        pressure as it ensures state and local government bodies comply with 
        the Plan and state and federal laws.

        This enforcement power requires the Council to be in occasional 
        conflict with other state entities.  The chair of the Council has 
        argued that the Council's role is intended to be at times 
        adversarial, and the ability to operate independently is critical to 
        its work. 

        GRP 2 transfers the Council into the Natural Resources Agency.  The 
        Little Hoover Commission raised significant concerns about this 
        proposal, noting:  "Moving the Delta Stewardship Council into the 
        Natural Resources Agency would at the very least undermine the 
        appearance of independence at a critical time in the council's 
        work."

        This bill restores the Council as an independent body if GRP 2 is 
        enacted. 

         California Science Center  :  Currently, the California Science 
        Center, the Office of Exposition Park Management (OPM), and the 
        California African American Museum (CAAM) are coequal and 
        collectively known as the California Science Center.  OPM was 
        established in 1999 to facilitate coordination, scheduling, and 
        administration for the Science Center, Exposition Park, CAAM, and 
        the other entities in Exposition Park.  The California Science 
        Center and CAAM design their programming independently of OPM and 
        have their own boards of directors, funds, and executive staff. 








                                                                AB 1019
                                                                Page  3


        The Legislature and the Governor differ on the interpretation of GRP 
        2's language relating to the California Science Center but agree 
        that clarification is necessary.  GRP 2 reorganizes the California 
        Science Center under the Natural Resources Agency, and appears to 
        recast OPM as the parent body of both the Science Center and CAAM.  
        This bill restores current language regarding the relationships 
        among the Science Center, OPM, and CAAM. 


         Analysis Prepared by  :    Sarah Weaver / SPECIAL COMM. ON GRP NO. 2 / 
        (916) 319-3874


                                                                 FN: 0004346