Amended in Senate August 22, 2014

Amended in Assembly May 24, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 125

Introduced by Assembly Member begin delete Wieckowski end delete begin insert Eggman end insert

January 14, 2013

An act to amend Section begin delete 22212.5 of the Education Code, end delete begin insert 65962 of the Government Code, end insert relating to begin delete state teachers’ retirement end delete begin insert land use, and declaring the urgency thereof, to take effect immediately end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 125, as amended, begin delete Wieckowski end delete   begin insert Eggman end insert . begin delete State teachers’ retirement: executive and managerial positions. end delete begin insert Planning and land use: Sacramento-San Joaquin Valley. end insert

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Existing law prohibits a city or county within the Sacramento-San Joaquin Valley from approving a discretionary permit or other discretionary entitlement, or a ministerial permit that would result in the construction of a new residence, for a project that is located within a flood hazard zone, unless the city or county finds, based on substantial evidence in the record, that certain criteria is met.

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This bill would prohibit a city or county within the Sacramento-San Joaquin Valley from approving a discretionary permit or entitlement that would result in the construction of a new building or construction that would result in an increase in allowed occupancy for an existing building for a project that is located within a flood hazard zone unless the city or county finds that the construction meets the criteria referenced above.

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This bill would make legislative findings and declarations as to the necessity of a special statute for the Sacramento-San Joaquin Valley.

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This bill would declare that it is to take effect immediately as an urgency statute.

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The State Teachers’ Retirement Law, which is administered by the Teachers’ Retirement Board, prescribes a comprehensive system of rights and benefits for its members, including disability benefits, retirement benefits, and death benefits. Existing law requires the Teachers’ Retirement Board to fix the compensation of specified executive and managerial positions, including that of the chief executive officer, system actuary, general counsel, chief investment officer, and other investment officers and portfolio managers whose positions are designated as managerial, and to whom specified procedures and conflict-of-interest provisions apply.

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This bill would add the positions of chief operating officer and chief financial officer to those positions for which the board is required to fix the compensation and would make the individuals holding those positions subject to those conflict-of-interest provisions. The bill would prohibit the salaries of the chief operating officer and the chief financial officer from exceeding 110% of the maximum salary payable to an investment director of the system, as specified. The bill would remove the positions of chief of staff and chief financial officer from those positions that are subject to conflict-of-interest provisions that limit postemployment appearances before, or communication to, the board. The bill would also require the board to report to the fiscal committees of the Legislature, as specified, on the cost savings realized because of these new positions.

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Vote:  begin delete majority end delete begin insert ²⁄₃ end insert . Appropriation: no. Fiscal committee:  begin delete yes end delete begin insert no end insert . State-mandated local program: no.

The people of the State of California do enact as follows:

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begin insert SECTION 1. end insert   

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begin insert Section 65962 of the end insert begin insert Government Code end insert begin insert is
amended to read: end insert

65962.  

(a) Notwithstanding any other law, after the
amendments required by Sections 65302.9 and 65860.1 have
become effective, each city and county within the Sacramento-San
Joaquin Valley shall not approve a discretionary permit or other
discretionary begin delete entitlement, or a ministerial permit end delete begin insert entitlement end insert that
would result in the construction of a new begin delete residence, end delete begin insert building or
construction that would result in an increase in allowed occupancy
for an existing building, or a ministerial permit that would result
in the construction of a new residence, end insert for a project that is located
within a flood hazard zone unless the city or county finds, based
on substantial evidence in the record, one of the following:

(1) The facilities of the State Plan of Flood Control or other
flood management facilities protect the project to the urban level
of flood protection in urban and urbanizing areas or the national
Federal Emergency Management Agency standard of flood
protection in nonurbanized areas.

(2) The city or county has imposed conditions on the permit or
discretionary entitlement that will protect the project to the urban
level of flood protection in urban and urbanizing areas or the
national Federal Emergency Management Agency standard of
flood protection in nonurbanized areas.

(3) The local flood management agency has made adequate
progress on the construction of a flood protection system which
will result in flood protection equal to or greater than the urban
level of flood protection in urban or urbanizing areas or the national
Federal Emergency Management Agency standard of flood
protection in nonurbanized areas for property located within a
flood hazard zone, intended to be protected by the system. For
urban and urbanizing areas protected by project levees, the urban
level of flood protection shall be achieved by 2025.

(4) The property in an undetermined risk area has met the urban
level of flood protection based on substantial evidence in the
record.

(b) The effective date of amendments referred to in this section
shall be the date upon which the statutes of limitation specified in
subdivision (c) of Section 65009 have run or, if the amendments
and any associated environmental documents are challenged in
court, the validity of the amendments and any associated
environmental documents has been upheld in a final decision.

(c) This section does not change or diminish existing
requirements of local flood plain management laws, ordinances,
resolutions, or regulations necessary to local agency participation
in the national flood insurance program.

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begin insert SEC. end insert begin insert 2. end insert   

end insert begin insert

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 land use planning
considerations relative to flood hazard zones in the
Sacramento-San Joaquin Valley.

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begin insert SEC. 3. end insert   

end insert begin insert

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:

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In order to proceed with the reconstruction or remodel of
buildings in downtown Stockton that are a public hazard, it is
necessary that the bill take effect immediately.

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SECTION 1.  

Section 22212.5 of the Education Code is
amended to read:

22212.5.  

(a) Except as otherwise provided in subdivision (d),
this section shall apply to the following positions in the system:
chief executive officer, chief operating officer, chief financial
officer, system actuary, general counsel, chief investment officer,
and other investment officers and portfolio managers whose
positions are designated managerial pursuant to Section 18801.1
of the Government Code.

(b) (1) Notwithstanding Sections 19816, 19825, 19826, 19829,
and 19832 of the Government Code, the board shall fix the
compensation for the positions specified in subdivision (a). In so
doing, the board shall be guided by the principles contained in
Sections 19826 and 19829 of the Government Code, consistent
with its fiduciary responsibility to its members to recruit and retain
highly qualified and effective employees for these positions.

(2) The salary for the chief operating officer and the chief
financial officer fixed pursuant to paragraph (1) shall not exceed
110 percent of the maximum salary payable to an investment
director of the system.

(c) When a position specified in subdivision (a) is filled through
a general civil service appointment, it shall be filled from an
eligible list based on an examination that was held on an open
basis, and tenure in those positions shall be subject to the provisions
of Article 2 (commencing with Section 19590) of Chapter 7 of
Part 2 of Division 5 of Title 2 of the Government Code. In addition
to the causes for action specified in that article, the board may take
action under the article for causes related to its fiduciary
responsibility to its members, including the employee’s failure to
meet specified performance objectives.

(d) An individual who held a position designated in subdivision
(a), or was a member of the board, a deputy chief executive officer,
or was in an equivalent senior management position, shall not, for
a period of two years after leaving that position, for compensation,
act as agent or attorney for, or otherwise represent, any other
person, except the state, by making any formal or informal
appearance before or by making any oral or written communication
to the board, or any officer or employee thereof, if the appearance
or communication is made for the purpose of influencing
administrative or legislative action or any action or proceeding
involving the issuance, amendment, awarding, or revocation of a
permit, license, grant, contract, or sale or purchase of goods or
property.

(e) Twelve months after filling the chief operating officer
position or chief financial officer position, the board shall report
to the fiscal committees of the Legislature, in compliance with
Section 9795 of the Government Code, on the improvements and
cost savings realized because of these new positions. In particular,
the board shall report on savings resulting from reduced contracting
and greater use of internal resources. The board shall continue to
report annually thereafter.

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