AB 2783

Bill Subjects

Abstract

(1) The San Diego Unified Port District Act authorizes the establishment of the San Diego Unified Port District for the acquisition, construction, maintenance, operation, development, and regulation of harbor works and improvements for the harbor of San Diego and for the promotion of commerce, navigation, fisheries, and recreation. The act establishes the board of commissioners of the port district and vests it with specified authority and responsibilities regarding the management of the district. This bill would require the board to adopt a code of ethics for the board, commissioners, and unrepresented district employees and to accept and respond to certain ethics complaints, as specified. The bill would require the board to appoint a board of ethics to provide independent ethics advice to the board, as specified. The bill would require an ethics complaint to be substantiated with a formal written complaint in a form consistent with a form provided on the district's internet website and with a sworn affidavit under the penalty of perjury. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would require the board to submit certain ethics complaints to the board of ethics, as specified. The bill would require the board of ethics, upon the conclusion of an investigation into the conduct of a commissioner, to provide all findings from the investigation to the State Lands Commission and to the city that appointed the commissioner that was subject to the investigation. This bill would prohibit a commissioner from, for a period of one year after leaving office, taking certain actions for the purpose of influencing an action of the board or the district, as specified. The bill would require the district to establish a registry for lobbyists, as specified. The bill would authorize the district to collect a registration fee in an amount not to exceed the reasonable cost of implementing the registry, as specified. (2) The act requires the City of San Diego to appoint 3 commissioners and other specified cities to appoint one commissioner each to the board of commissioners. The act specifies a commissioner's term is for 4 years, as specified. This bill would authorize a commissioner to continue to serve beyond an expired term for 6 months until a replacement is appointed. The bill would require the City of San Diego to, at the beginning of its commissioner appointment process, to make specified outreach efforts. (3) The act requires the board of commissioners to annually elect from its members a chairperson, a vice chairperson, and a secretary. The act requires the board of commissioners to make rules and regulations for its own government and procedure. Existing law, the Ralph M. Brown Act, requires each legislative body of a local agency to provide notice of the time and place for its regular meetings and also requires that all meetings of a legislative body be open and public, and that all persons be permitted to attend unless a closed session is authorized. The California Public Records Act requires state and local agencies to make their records available for public inspection, unless an exemption from disclosure applies. Existing law requires the board of commissioners to comply with those acts, except as specified. This bill would prohibit a commissioner from serving as chairperson unless the commissioner has served on the board for at least one year. The bill would authorize the board to censure or remove a commissioner from a committee after appropriate notice and if specified criteria are met. (4) The act prohibits a commissioner from receiving a salary from the district and requires a commissioner to be reimbursed for necessary traveling and other expenses incurred while engaged in the performance of the commissioner's duties. (5) The act requires certain moneys received or collected by the board or paid to the district to be credited to the San Diego Unified Port District Revenue Fund, as specified. The act authorizes moneys in the fund to be used for, among other things, the acquisition, construction, completion, and maintenance of harbor and port improvements, works, utilities, appliances, facilities, and vessels. This bill would authorize moneys in the fund to also be used for electrification projects, human-operated zero-emission cargo handling equipment, and infrastructure to support human-operated zero-emission cargo handling equipment associated with the district's marine terminals. (6) This bill would make legislative findings and declarations as to the necessity of a special statute for the San Diego Unified Port District. (7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.