Report 2018-120 Recommendation 16 Responses
Report 2018-120: San Francisco Bay Conservation and Development Commission: Its Failure to Perform Key Responsibilities Has Allowed Ongoing Harm to the San Francisco Bay (Release Date: May 2019)
Recommendation #16 To: San Francisco Bay Conservation and Development Commission
To ensure that it maximizes the efficiency and effectiveness of its enforcement and permitting programs, the commission should by January 2020 appoint a new citizens' advisory committee as required by law and determine a schedule for the committee to conduct regular meetings.
Annual Follow-Up Agency Response From November 2022
Will Not Implement. In January 2019, the Commission determined that the CAC is no longer necessary because it duplicates other efforts. The Commission will continue to expand its outreach practices to ensure valuable and substantial community participation through BCDC's various Larry Goldzband larry.goldzband@bcdc.ca.gov 415-352-3653 N/A BCDC: Will Not Implement Auditor reported: Will Not Implement DocuSign Envelope ID: 2378DEAC-D873-4A16-905C-EB9E10013987 Commissioner and public working groups, its new Environmental Justice Advisors program, Bay Plan amendment processes, Commission public hearings and workshops, design and engineering advisory boards, and Enforcement Committee meetings.
- Estimated Completion Date:
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
We remain concerned that the commission is choosing not to follow state law and establish a citizens' advisory committee.
Annual Follow-Up Agency Response From November 2022
Will Not Implement. In January 2019, the Commission determined that the CAC is no longer necessary because it duplicates other efforts. The Commission will continue to expand its outreach practices to ensure valuable and substantial community participation through BCDC's various Commissioner and public working groups, its new Environmental Justice Advisors program, Bay Plan amendment processes, Commission public hearings and workshops, design and engineering advisory boards, and Enforcement Committee meetings.
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
As we noted in response to the commission's prior response, and as we note on page 22 of the audit report, and in response number 21 on page 83, we are concerned that the commission is choosing not to follow state law in establishing a citizens' advisory committee.
Annual Follow-Up Agency Response From October 2021
Will Not Implement. In January 2019, the Commission determined that the CAC is no longer necessary because it duplicates other efforts. The Commission will continue to expand its outreach practices to ensure valuable and substantial community participation through BCDC's various Commissioner and public working groups, its new Environmental Justice Advisors program, Bay Plan amendment processes, Commission public hearings and workshops, design and engineering advisory boards, and Enforcement Committee meetings.
Pending. Based on the new FY21-22 General Fund allocation to support BCDC's enforcement staff, the Commission began a process in fall 2021 to discuss how the Bay Fill Clean-up and Abatement Fund will be used to remove fill in the Bay, perform cleanup actions, and enhance Bay resources. On October 7, 2021, the Commission held a public hearing and began the process of determining the process for disbursements to the appropriate entities.
- Estimated Completion Date:
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
The Commission has elected to continue to act outside of the requirements of state law. We are concerned with the Commission's response as it affirmatively indicates that the Commission has determined that their compliance with state law is not necessary. We remind the Commission that it has no legal authority to refuse to comply with this duty mandated by statute.
1-Year Agency Response
The Commission determined in January 2019 that the CAC is no longer necessary because it duplicates other efforts. The Commission will continue to evaluate the efficacy and value of its expanded outreach practices and ensure ongoing substantial community participation through BCDC's various Commissioner working groups, Bay Plan amendment processes, Commission public hearings and workshops, design and engineering advisory boards, and Enforcement Committee meetings
- Response Date: May 2020
California State Auditor's Assessment of 1-Year Status: Will Not Implement
As we note on page 22 of the report and in response number 21 on page 83, we are concerned that the commission is choosing not to follow state law in establishing a citizens' advisory committee.
6-Month Agency Response
While the Commission has determined that the CAC is no longer necessary, and is duplicative of other efforts, the Commission will continue to evaluate the efficacy and value of the CAC in light of recent actions.
- Estimated Completion Date: July 2020
- Response Date: November 2019
California State Auditor's Assessment of 6-Month Status: Pending
We continue to stand by our recommendation that the commission comply with its statutory duty, as we note in response number 21 on page 83 of the report.
60-Day Agency Response
While the Commission has determined that the CAC is no longer necessary, and is duplicative of other efforts, BCDC and the Commission will continue to evaluate its efficacy and value.
- Estimated Completion Date: 05/14/2021
- Response Date: July 2019
California State Auditor's Assessment of 60-Day Status: Pending
The Commission's response indicates that it does not plan to comply with state law and appoint a citizens' advisory committee. As the commission also states that it will continue to study the value of such a committee, we consider this recommendation pending at this time.
All Recommendations in 2018-120
Agency responses received are posted verbatim.