Bill Text: CA SB955 | 2017-2018 | Regular Session | Amended
Bill Title: Oroville Dam: Citizens Advisory Commission.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2018-09-18 - Chaptered by Secretary of State. Chapter 509, Statutes of 2018. [SB955 Detail]
Download: California-2017-SB955-Amended.html
Amended
IN
Senate
April 18, 2018 |
Amended
IN
Senate
March 14, 2018 |
Senate Bill | No. 955 |
Introduced by Senator Nielsen (Coauthor: Senator Hertzberg) (Coauthor: Assembly Member Gallagher) |
January 30, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Part 3 (commencing with Section 6600) is added to Division 3 of the Water Code, to read:PART 3. Citizens Advisory Commission for Oroville Dam
6600.
The Legislature finds and declares as follows:(e)Any information provided to the commission should be readily understandable and as forthcoming as allowed by federal law.
6602.
As used in this part, the following terms have the following meanings:6604.
(a) There is hereby created as an independent entity within the department the Citizens Advisory Commission for Oroville Dam.(a)Two members, one appointed by the Assembly Member in whose district the dam is located and one appointed by the Senator in whose district the dam is located.
(b)Three members representing labor, one member appointed by each of the following:
(1)The Central Labor Council of Butte and Glenn Counties.
(2)The Marysville Central Labor Council.
(3)The Mid Valley Building and Construction Trades Council.
(c)Two members representing chambers of commerce, one appointed by the Oroville Area Chamber of Commerce and one appointed by the Yuba-Sutter Chamber of Commerce.
(d)Seven members representing cities, one member appointed by each of the following:
(1)The City of Biggs.
(2)The City of Gridley.
(3)The City of Live Oak.
(4)The City of Marysville.
(5)The City of Oroville.
(6)The City of Wheatland.
(7)Yuba City.
(e)Three members representing counties, one member appointed by each of the following:
(1)The County of Butte.
(2)The County of Sutter.
(3)The County of Yuba.
(f)Three members who are county deputy sheriffs, one member appointed by each of the following:
(1)The Sheriff of Butte County.
(2)The Sheriff of Sutter County.
(3)The Sheriff of Yuba County.
(g)Two members representing contractors for water from the State Water Project, one appointed from north of the City of Sacramento and one appointed from south of the City of Sacramento.
(h)Two members, one appointed by the department and one appointed by the dam operator, with subject matter expertise in dam safety, flood control, or the construction and maintenance of large infrastructure from a list of five nominations jointly made by the Assembly Member and Senator in whose district the dam is located.
(i)Two members with knowledge of Oroville Dam operations appointed by the department.
6606.
(a) The commission shall(c)The commission shall establish bylaws that shall specify commission authority and make determinations regarding all of the following:
(1)The publishing of reports.
(2)The privacy of information released to the commission by the department.
(3)Meeting schedules.
(4)All other operational decisions as the commission deems necessary.
(d)
(e)(1)Except as provided in paragraph (2), meetings
(2)Notwithstanding Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, the commission may hold a closed meeting at the request of the chairperson for the purposes of disclosure of sensitive information regarding the safety or security of the dam.
6608.
(a) The commission shall do all of the following:(3)Provide early comments on annual operations reports of the dam.
(4)
(D)A list of recommendations for further action regarding the dam and its site, including, but not limited to, its operation, maintenance, or improvement.
6610.
The department shall do both of the following for the commission:(b)Clarify and respond to early comments provided pursuant to paragraph (3) of subdivision (a) of Section 6608 within the final annual operations reports of the dam.
6612.
The commission shall have the power to visit the dam, its site, and site personnel in furtherance of the goals of this part. The power of visitation specified in this section shall not extend to a situation where institutional security would be jeopardized.6614.
Funds may be appropriated from the General Fund for the costs of organizing and operating quarterly meetings of the commission.(a)Information provided to the commission shall not indemnify the state from providing that information to the public.
(b)This part shall not be construed to require the disclosure by the department of information that may threaten the security of the dam or the safety of the surrounding community.
The Legislature finds and declares that Section 1 of this act adding Sections 6606 and 6616 to the Water Code imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:
In order to protect public safety, it is in the state’s interest to limit public access to information that would disclose a dam’s vulnerability or
pose a security threat.