[CPEO-MEF] California fixes oversight problem

[Lenny Siegel <lsiegel@cpeo.org>]

I've reported in the past about how California, in response to the state
budget crisis, was irrationally eliminating cleanup oversight positions
that were funded by the Department of Defense. That has been fixed.

On October 12, Governor Davis signed Assembly Bill 1700, authored by
John Laird (D-Santa Cruz). Much of the credit should go to Congressman
Sam Farr, whose district overlaps with Laird. Farr has made this an
issue since it was first raised by the Army Corps of Engineers.

The text of the legislation, as well as legislative history, may be
found at http://www.assembly.ca.gov/acs/acsframeset2text.htm. Just key
in "AB1700" to find the bill. I have pasted the the official summary below.

Lenny

***

LEGISLATIVE COUNSEL'S DIGEST


 AB 1700, Laird.  Military base remediation:  funding:  federal grants.

Existing law, the Carpenter-Presley-Tanner Hazardous Substance Account
Act, imposes liability for hazardous substance removal or remedial
actions and requires the Department of Toxic Substances Control to
adopt, by regulation, criteria for the selection and for the priority
ranking of hazardous substance release sites for removal or remedial
action under the act.  The act authorizes the department to expend the
funds in the Toxic Substances Control Account in the General Fund, upon
appropriation by the Legislature, to pay for, among other things,
removal and remedial actions related to the release of hazardous
substances.  Existing law generally requires the Controller to abolish
any state position that is vacant for 6 consecutive months on the
following July 1.

This bill would prohibit the Controller and the Director of Finance from
eliminating any direct or indirect position funded through an agreement
with a responsible party, that provides oversight associated with
remediation and hazardous substance management at military bases,
including closed military bases; or eliminating any direct or indirect
position that is funded by a federal grant that does not require a state
match funded from the General Fund.  The bill would also prohibit the
Controller and the Department of Finance from imposing any hiring freeze
or personal services limitations, including any position reductions,
upon any direct or indirect position of the department funded in those
manners, and would require the Controller and the Department of Finance
to exclude, from the department's base for purposes of calculating any
budget or position reductions required by any state agency or state law,
the specific amounts and direct or indirect positions that are funded in
those manners.  The bill would also prohibit the Controller and the
Department of Finance from requiring the department to reduce authorized
positions or other appropriations for other department programs,
including personal services, to implement those prohibitions and
requirements.  The bill would require the Controller, upon request of
the department, and upon review and approval by the Department of
Finance, to augment any Budget Act appropriations, except for
appropriations from the General Fund, necessary to implement these
provisions.  The bill would provide that these provisions do not apply
to any department appropriation or expenditure of General Fund moneys.

The bill would also impose similar restrictions and requirements upon
the Controller and the Department of Finance with regard to any direct
or indirect position of the State Water Resources Control Board funded
through an agreement with a state agency for which no General Fund
moneys are spent to fund the position or a responsible party, related to
oversight associated with remediation at military bases, including
closed military bases; or any direct or indirect position funded by a
federal grant that does not require a state match funded from the
General Fund.  

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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