2005 California Government Code Sections 8870-8870.95 CHAPTER 12. SEISMIC SAFETY COMMISSION ACT

8870.  The Legislature finds and declares as follows:
   The work of the Legislature's Joint Committee on Seismic Safety as
well as that of the Governor's Earthquake Council provides
impressive and wide-ranging evidence for the following:
   First, many different agencies at various levels of government
have substantial responsibilities in the fields of earthquake
preparedness and seismic safety.
   Second, there is a pressing need to provide a consistent policy
framework and a means for coordinating on a continuing basis the
earthquake-related programs of agencies at all governmental levels
and their relationships with elements of the private sector involved
in practices important to seismic safety.  This need is not being
addressed by any continuing state government organization.
   Third, through concerted efforts of broad scope, coordinated by a
Seismic Safety Commission, long-term progress should be made toward
higher levels of seismic safety.
   Fourth, it is not the purpose of this chapter to transfer to the
commission the authorities and responsibilities now vested by law in
state and local agencies.
8870.1.  There is created in the state government a Seismic Safety
Commission which shall report annually to the Governor and to the
Legislature on its findings, progress, and recommendations relating
to earthquake hazard reduction.
8870.2.  (a) The commission shall consist of 15 members appointed by
the Governor and confirmed by the Senate, one member appointed by
the Senate Rules Committee, and one member appointed by the Speaker
of the Assembly.  The Seismic Safety Commission shall elect annually
from its membership its own chairperson and vice  chairperson and may
replace them with other commissioners by majority vote.  Commission
members shall be residents of California.
   (b) A quorum shall consist of nine members if there are no
vacancies, or else a majority of the members of the commission at the
time.
   (c) The Legislature declares that the individuals appointed to the
commission are intended to represent the professions of
architecture, planning, fire protection, public utilities, electrical
engineering, mechanical engineering, structural engineering, soils
engineering, geology, seismology, local government, insurance, social
services, emergency services, and the Legislature and that such
representation serves the public interest.  Accordingly, the
Legislature finds that for purposes of persons who hold  this office
the specified professions are tantamount to and constitute the public
generally within the meaning of Section 87103.
8870.25.  The initial Seismic Safety Commission membership shall
consist of seven members appointed by the Governor from a list of not
more than 16 nominees submitted to the Governor by the Chairman of
the Joint Committee on Seismic Safety, seven members appointed by the
Governor from a list of nominees submitted to the Governor by the
Governor's Earthquake Council, an initial chairperson appointed by
the Governor from a nominee mutually agreed upon by the Chairman of
the Joint Committee on Seismic Safety and the Chairman of the
Governor's Earthquake Council, and one Member of the Senate appointed
by the Senate Rules Committee and one Member of the Assembly
appointed by the Speaker of the Assembly.
8870.3.  (a) After the initial appointments, the membership of the
Seismic Safety Commission shall be appointed by the Governor and
confirmed by the Senate from lists of nominees submitted by
organizations as listed below:
   (1) Four members appointed from established organizations in the
fields of architecture and planning, fire protection, public
utilities, and electrical engineering and mechanical engineering.
   (2) Four members appointed from established organizations in the
fields of structural engineering, soils engineering, geology, and
seismology.
   (3) Four members appointed from nominees submitted by the League
of California Cities and the California State Association of
Counties.  One of these members shall be a building official.
   (4) Three members appointed from established organizations in the
fields of insurance, social service, and emergency services.
   (b) One member shall be appointed from the Senate by the Senate
Rules Committee, and one member shall be appointed from the Assembly
by the Speaker of the Assembly.  Each of the members appointed
pursuant to this subdivision may designate an alternate who shall be
counted toward a quorum, who may vote, and who may receive the
expenses specified in Section 8870.4.
8870.35.  The term of office for each member of the Seismic Safety
Commission shall be four years and each shall hold office until the
appointment and qualification of his or her successor, except that of
the initial commissioners, the Governor shall appoint seven members
whose terms will expire two years after appointment and seven members
plus the  chairperson whose terms shall expire four years after
appointment.  All initial appointments shall be made by July 1, 1975.
  Any vacancies shall be immediately filled by the appointing power
for the unexpired portion of the term in which they occur.
8870.4.  The members of the Seismic Safety Commission shall serve
without compensation but shall be paid per diem expenses of fifty
dollars ($50) for each day's attendance at a meeting of the
commission, plus actual necessary travel expenses as determined by
Department of Personnel Administration rules.
8870.5.  The commission, in the discharge of its responsibilities,
may do any of the following:
   (a) Accept grants, contributions, and appropriations from public
agencies, private foundations, or individuals.
   (b) Appoint committees from its membership, appoint advisory
committees from interested public and private groups, and appoint ex
officio members who shall not be entitled to vote, to advise the
commission.
   (c) Contract for or employ, with the approval of the Director of
Finance, any professional services and research required by the
commission or required for the performance of necessary work and
services which, in the commission's opinion, cannot satisfactorily be
performed by its officers and employees or by other federal, state,
or local governmental agencies.
   (d) Enter into agreements to act cooperatively with private
nonprofit scientific, educational, or professional associations or
foundations engaged in promoting seismic safety in California,
including activities under the California Earthquake Education Act of
1984 (Chapter 11 (commencing with Section 2805) of Division 2 of the
Public Resources Code).  These associations or foundations may
furnish materials for sale, and the commission may provide personnel
services and office space therefor.  Subject to rules and regulations
adopted by the commission, all moneys received from the sale of
publications or other materials provided by an association or
foundation shall be returned to the association or foundation for use
in furthering seismic safety programs.
   (e) Do any and all other things necessary to carry out the
purposes of this chapter.
8870.55.  The commission shall initiate, with the assistance and
participation of other state, federal, and local government agencies,
a comprehensive program to prepare the state for responding to a
major earthquake prediction.  The program should be implemented in
order to result in specific tools or products to be used by
governments in responding to an earthquake prediction, such as
educational materials for citizens.  This program may be implemented
on a prototypical basis in one area of the state affected by
earthquake predictions, provided that it is useful for application in
other areas of the state upon its completion.
8870.6.  The commission shall appoint an executive director who
shall be responsible for managing the affairs of the commission,
subject to the direction and policies of the commission.
   The executive director shall appoint such employees as may be
necessary to carry out the functions of the commission.
8870.7.  The commission is responsible for all of the following in
connection with earthquake hazard mitigation:
   (a) Setting goals and priorities in the public and private
sectors.
   (b) Requesting appropriate state agencies to devise criteria to
promote earthquake and disaster safety.
   (c) Scheduling a report on disaster mitigation issues from the
Office of Emergency Services, on the commission agenda as required.
For the purposes of this subdivision, the term disaster refers to all
natural hazards which could have impact on public safety.
   (d) Recommending program changes to state agencies, local
agencies, and the private sector where such changes would improve
earthquake hazards and reduction.
   (e) Reviewing the recovery and reconstruction efforts after
damaging earthquakes.
   (f) Gathering, analyzing, and disseminating information.
   (g) Encouraging research.
   (h) Sponsoring training to help improve the competence of
specialized enforcement and other technical personnel.
   (i) Helping to coordinate the earthquake safety activities of
government at all levels.
   (j) Establishing and maintaining necessary working relationships
with any boards, commissions, departments, and agencies, or other
public or private organizations.
8870.71.  To implement the foregoing responsibilities, the
commission may do any of the following:
   (a) Review state budgets and review grant proposals, other than
those grant proposals submitted by institutions of postsecondary
education to the federal government, for earthquake related
activities and to advise the Governor and Legislature thereon.
   (b) Review legislative proposals, related to earthquake safety to
advise the Governor and Legislature concerning the proposals, and to
propose needed legislation.
   (c) Recommend the addition, deletion, or changing of state agency
standards when, in the commission's view, the existing situation
creates undue hazards or when new developments would promote
earthquake hazard mitigation, and conduct public hearings as deemed
necessary on the subjects.
   (d) In the conduct of any hearing, investigation, inquiry, or
study which is ordered or undertaken in any part of the state,
administer oaths and issue subpoenas for the attendance of witnesses
and the production of papers, records, reports, books, maps,
accounts, documents, and testimony.
   (e) (1) Conduct a specific comprehensive investigation of the May
2, 1983, earthquake which devastated the City of Coalinga, focusing
on commercial redevelopment, housing, land use planning, financing,
codes and standards, and to provide funding and expert technical
assistance to the people of Coalinga for planning and reconstruction.
   (2) Prepare and publish, with the assistance and participation of
other state, federal, and local government agencies and other
knowledgeable investigators from the private sector, a comprehensive
report on the Coalinga earthquake to include, but not be limited to,
lessons learned for earthquake preparation and mitigation in
California, an assessment of the earthquake's impact upon state and
local seismic safety policies and programs, and to make
recommendations to the Governor and the Legislature concerning the
areas mentioned in this subdivision.
   (f) In addition, the commission may perform any of the functions
contained in subdivisions (a) to (e), inclusive, in relation to other
disasters, as defined in subdivision (c) of Section 8870.7, in
connection with issues or items reported or discussed with the Office
of Emergency Services at any commission meeting.
8870.9.  This act shall be known and cited as the Seismic Safety
Commission Act.
8870.95.  The Building Safety Board established in Section 129925 of
the Health and Safety Code shall report annually to the Seismic
Safety Commission.