Bill Text: CA AB125 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Water: floods.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Engrossed - Dead) 2014-08-30 - In Assembly. Concurrence in Senate amendments pending. [AB125 Detail]

Download: California-2013-AB125-Amended.html

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BILL NUMBER: AB 125	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 22, 2014
	AMENDED IN ASSEMBLY  MAY 24, 2013

INTRODUCED BY   Assembly Member  Wieckowski  
Eggman 

                        JANUARY 14, 2013

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



	LEGISLATIVE COUNSEL'S DIGEST


   AB 125, as amended,  Wieckowski   Eggman
 .  State teachers' retirement: executive and managerial
positions.   Planning and land use: Sacramento-San
Joaquin Valley.  
   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.
 
   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.  
   This bill would make legislative findings and declarations as to
the necessity of a special statute for the Sacramento-San Joaquin
Valley.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   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. 

   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. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  yes   no  .
State-mandated local program: no.


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

   SECTION 1.    Section 65962 of the  
Government Code   is amended to read: 
   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 
entitlement, or a ministerial permit   entitlement 
that would result in the construction of a new  residence,
  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,  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.
   SEC.   2.    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. 
   SEC. 3.    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 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.  
  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.