Posted on 10/12/2006 4:44:45 PM PDT by NormsRevenge
SAN DIEGO – Gov. Arnold Schwarzenegger on Thursday announced he had signed an executive order that creates a state maritime security council that should improve coordination and information sharing by federal, state and local governments on port security issues.
As envisioned, the California Maritime Security Council will identify potential threats, organize training exercises and develop a statewide maritime security strategy. Officials said it will formalize relationships that already exist and make it easier for local ports to coordinate responses when problems occur.
With the San Diego Convention Center as his backdrop, the governor was joined by other state officials, representatives from the Coast Guard and Navy and local port officials at a news conference at the 10th Avenue Marine Terminal in downtown San Diego. At one point, the event was briefly interrupted by a flyover of the Blue Angels, a precision team performing at this weekend's air show.
Schwarzenegger said the state's ports are vital to the state and national economy. The state handles nearly half of all port traffic in the country, with more than $4.5 billion in cargo moving through the Port of San Diego every year.
The governor complained that California was shortchanged on federal funds this year, but he said he expects the state will fare better in the future when it applies for homeland security grants. The president is expected to sign into law a bill on Friday that authorizes $400 million per year for port security grants, which Schwarzenegger said “encourages a more rationale system to award those grants.”
In September, Los Angeles and Long Beach saw their homeland security funding cut in half, Oakland got no funding and San Diego only received $139,837.
Schwarzenegger said the federal government made a mistake in the formulas established to award the grants and said the new law should fix that.
“They make up these formulas but then they recognized the fact that there was a mistake that was made,” Schwarzenegger said of the previous round of grant awards.
“The squeaky wheels get the grease . . . When they fall short, we have to get together – Democrats and Republicans have to get together – and create the noise and let them know we are outraged.”
Schwarzenegger is running for re-election and faces Democratic state Treasurer Phil Angelides on the Nov. 7 ballot.
With the San Diego Convention Center as his backdrop, Gov. Arnold Schwarzenegger holds a news conference at the 10th Avenue Marine Terminal in downtown San Diego announcing he has signed an executive order creating a state maritime security council.
I'm not that familiar with California law, but does the governor have this kind of Constitutional authority?
?
does the governor have this kind of constitutional authority?
The exexcutive in California is authorized to increase the size of government as long as the cost is authorized by the legislature.
In this case, the new Council will simply be slipped into an existing department and that department will adjust its already authorized budget to fund the new box.
The Council's authority will be determination by the judicial after challenge.
I figured as much, but the way it was described, it didn't sound like it.
The Council's authority will be determination by the judicial after challenge.
Which was the part that bothered me. It looked like Arnold was playing fast and loose with the law.
It may be fair to say that the Austrian's intent is/was fast and loose with the law, figuratively, the established order of things, but building a new box happens regularly in the executive.
Whether those entities, subject to the whim of this new Council, will cooperate is another matter. Getting the legislature to accept the cost of the Council, by submitting the next state budget to the Governor with the cost of the Council included, is also yet to be seen.
Gov. Schwarzenegger Signs Executive Order Creating California Maritime Security Council
Recognizing the expanded need for coordination and information sharing between the federal, state and local governments at our ports, Gov. Schwarzenegger signed an executive order creating the California Maritime Security Council (CMSC).
“California’s ports are vital not only to our own economy, but to the nation’s economic health as well. Our state handles nearly half of all the port traffic in the United States and more than $4.5 billion in cargo moves through the Port of San Diego every year,” said Gov. Schwarzenegger. “I am signing an executive order that will create the California Maritime Security Council to bring together local, state and federal agencies with labor and management to help identify potential threats, improve security measures and communications, conduct training exercises and develop a statewide maritime security strategy.”
Reports recently published by the Rand Corporation and the Public Policy Institute of California underscored the importance of California’s ports and the devastating impact a catastrophic event would have on California’s economy. The formation of the CMSC would improve statewide collaboration and information sharing and identify areas where coordination will enhance security, emergency response and communications. The Council will pursue policies to prevent the occurrence of such a catastrophe and implement processes to mitigate the consequences of a terrorist attack or natural disaster at a port.
The CMSC will be comprised of top officials from OHS, U.S. Coast Guard, BT&H, National Guard, U.S. Navy and other agencies as well as Directors of California's major ports and representatives from the labor and business communities. It is anticipated that there would be no additional cost to the state for the Council.
The specific duties of the CMSC would include: identifying potential threats, improving security measures, procedures, and communications; coordinating contingency planning; coordinating information sharing; conducting training exercises; developing a statewide maritime security strategy; and preparing to quickly recover from a catastrophic event at a California port.
The Governor also thanked Representatives Dan Lungren and Jane Harman in spearheading the effort to pass a port security bill that uses an accurate assessment of risk and needs to award Homeland Security grants to our nation’s ports.
“In the system used to award grants in the past, our state got shortchanged this year on federal funds for port security,” said the Governor. “Oakland, the fourth busiest container port in the nation, received no funding. Los Angeles and Long Beach, saw their funding cut in half. And San Diego, which handles more than $4.5 billion a year in cargo, received just $139,837 in federal funds. This is unacceptable.”
Gov. Schwarzenegger sent a letter last month asking Congress to pass a measure that uses an accurate assessment of risk and needs instead of the formula previously used that left many of California’s ports with decreased homeland security funds. This bill authorizes $400 million a year over the next five years in homeland security grants. Congress passed the bill recently and the President is expected to sign the bill later this week.
Below is the text of the executive order.
EXECUTIVE ORDER S-19-06
WHEREAS on September 11, 2001, the United States of America was struck by a series of terrorist attacks where nearly 3,000 innocent lives were lost; and
WHEREAS the President signed the Maritime Transportation Security Act on November 25, 2002, to protect the nation’s ports and waterways from a terrorist attack; and
WHEREAS the National Strategy for Maritime Security was issued by the President on September 20, 2005; and
WHEREAS the United States Coast Guard has established three Area Maritime Security Committees in California dedicated to identifying potential threats and improving security measures, procedures, and communications; and
WHEREAS the California Office of Homeland Security is a member of California’s three Area Maritime Security Committees; and
WHEREAS securing California’s ports and preparing for emergencies is critical to public safety and the State’s continued economic prosperity; and
WHEREAS California ports handle 43 percent of the nation’s waterborne commerce, are home to a major U.S. Navy installation, and a substantial cruise ship industry; and
WHEREAS a catastrophic event at one of California’s ports would have a devastating impact on the people who work at ports, the residents of port communities, and California’s economy.
NOW, THEREFORE I, ARNOLD SCHWARZENEGGER, Governor of the State of California, by virtue of the power and authority vested in my by the Constitution and statutes of the State of California, do hereby issue this Order to become effective immediately:
1. The Director of the Office of Homeland Security shall create the California Maritime Security Council to enhance port security through statewide collaboration and information sharing.
2. The California Maritime Security Council Membership shall include:a. Director of the Office of Homeland Security, or his or her designee, who will serve as Chair
b. Commander, U.S. Coast Guard, District Eleven, or his or her designee, who will serve as Vice Chair
c. Secretary of the Business, Transportation & Housing Agency, or his or her designee
d. Director of the Office of Emergency Services, or his or her designee
e. Adjutant General of the California National Guard, or his or her designee
f. Commissioner of the California Highway Patrol, or his or her designee
g. Assistant Director in Charge of the Federal Bureau of Investigation, or his or her designee
h. Commander of the United States Navy Region Southwest, or his or her designee
i. Director of the Western Region of the United States Department of Transportation Maritime Administration, or his or her designee
j. President of the International Longshore and Warehouse Union, Northern California District Council, or his or her designee
k. President of the International Longshore and Warehouse Union, Southern California District Council, or his or her designee
l. President of the California Association of Port Authorities, or his or her designee
m. President of the Pacific Merchant Shipping Association, or his or her designee
n. Executive Director of Port Hueneme, or his or her designee
o. Executive Director of Port of Long Beach, or his or her designee
p. Executive Director of Port of Los Angeles, or his or her designee
q. Executive Director of Port of Oakland, or his or her designee
r. Executive Director of Port of Richmond, or his or her designee
s. Executive Director of Port of San Diego, or his or her designee
t. Executive Director of Port of San Francisco, or his or her designee
u. Executive Director of Port of Stockton, or his or her designee
v. Other representatives that the Director of the Office of Homeland Security determines are necessary to carry out the mission of the California Maritime Security Council.3. The California Maritime Security Council shall be responsible for:a. Identifying areas where port stakeholders can improve statewide collaboration and information sharing to identify potential threats;
b. Identifying areas where institutionalized coordination through codified processes will enhance security, emergency response procedures, communications, coordinating contingency planning, and other areas of mutual responsibility across the State of California;
c. Developing a statewide maritime security strategy;
d. Preparing plans to quickly recover from a catastrophic event at a California port; and
e. Developing a strategy to increase the amount of homeland security funding California receives from the United States Department of Homeland Security by establishing baseline levels of preparedness.4. The California Maritime Security Council shall submit a report of its activities and recommendations to the Governor and the Legislature no later than November 1, 2007, and annually thereafter.
IT IS FURTHER ORDERED that the agencies under my direct executive authority shall cooperate in the implementation of this Order. Other entities such as the United States Coast Guard, the Unites States Navy, the Federal Bureau of Investigation, the California port authorities, and labor unions or other entities are requested to assist in its implementation.
This Order is not intended to, and does not create any rights or benefits, substantive or procedural, enforceable at law or in equity, against the State of California, its departments, agencies, or other entities, its officers or employees, or any other person.
I DIRECT that as soon as hereafter possible, this Order be filed in the Office of the Secretary of State and that widespread publicity and notice be given to this Order.
IN WITNESS WHEREOF I have hereunto set my hand and caused the Great Seal of the State of California to be affixed this 12th day of October 2006.
________________________________
ARNOLD SCHWARZENEGGER
Governor of California
ATTEST:
________________________________
BRUCE McPHERSON
Secretary of State
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