BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  AB 1260|
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                                 THIRD READING


          Bill No:  AB 1260
          Author:   Fuller (R)
          Amended:  8/9/10 in Senate
          Vote:     21

           
          PRIOR VOTES NOT RELEVANT
           
          SENATE N.R. & W. COMMITTEE  :  Votes not available


           SUBJECT  :    California Water Commission:  terms of office

           SOURCE  :     Author


           DIGEST  :    This bill extends the term of any member of the  
          California Water Commission, whose appointment has been  
          confirmed by the Senate and who is serving a term that is  
          unexpired as of January 1, 2011 to December 15, 2014.

           ANALYSIS  :    

           Existing law
           
          1. Under current law, the California Water Commission  
             (Commission) consists of nine members who are appointed  
             by the Governor subject to the confirmation of the  
             Senate.

             Commissioner serve staggered four-year terms.  The law  
             governing terms is a bit convoluted.  The terms of the  
             seven members that were in office on January 1, 1958,  
                                                           CONTINUED





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             expires as follows:  one member on January 15, 1958, two  
             members on January 15, 1959, and two members on January  
             15, 1960.  The terms of the two members added to the  
             Commission after January 1, 218959, expiries as follows:  
              one ember son January 15, 1962 and one member on  
             January 15, 1963.  Thereafter, the successors to the  
             embers of the Commission are required to be appointed  
             for terms of four years.  This means that the terms of  
             the nine current Commissioners expire as follows:  

              Date             Number of Terms Expiring  
             January 15, 2011         3
             January 15, 2012         2
             January 15, 2013         2
             January 15, 2014         2

          2. The original purpose of the Commission was to advise the  
             Director of the Department of Water Resources (SWR)  
             regarding the design, construction, and operation of the  
             State Water Project (SWP).  Consequently, under current  
             law:

             A.     For the purpose of fixing responsibility to the  
                governor and to the Legislature, in the event of  
                disagreement between the Director and the  
                Commission upon such matters, the views of the  
                Director shall prevail.

             B.    All rules and regulations of DWR, other than  
                those relating exclusively to the internal  
                administration and management of the DWR, must be  
                first presented by the Director to the Commission  
                and become effective only upon approval thereof by  
                the Commission.

             C.    The Commission has the power to name all  
                facilities of the SWP.

             D.     The Commission must conduct an annual review of  
                the progress of construction and operation of the  
                SWP, and make a report on its findings DWR and to  
                the Legislature, together with whatever  
                recommendations it deems appropriate.








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          3. If the voters ratify the water bond authorized by SBx7 2  
             (Cogdill), $3 billion will be continuously appropriated  
             from Chapter 8, without regard to fiscal years, to the  
             Commission for public benefits associated with water  
             storage projects.  In implementing those bond  
             provisions, the Commission will also:

             A.     Be authorized to make the determinations,  
                findings, and recommendations required of it by  
                this the bond independent of the views of the  
                Director.

             B.    By December 15, 2012, develop and adopt  
                regulations regarding methods for quantification  
                and management of public benefits of water storage  
                projects, including the priorities and relative  
                environmental value of ecosystem benefits and water  
                quality benefits.

             C.    Be required to make specific finding regarding  
                projects funded through Chapter 8.

          4. The Commission has been dormant for the last four to  
             five years.  On May 15, 2009, the Governor appointed  
             nine new members to the Commission (one Commissioner's  
             appointment, current Senator Dave Cogdill, becomes  
             effective December 6, 2010).  It is not clear from the  
             Governor's press release announcing the appointments  
             which appointees were appointed to which terms.

          This bill extends the term of any member of the Commission  
          whose appointment has been confirmed by the Senate and who  
          is serving a term that is unexpired as of January 1, 2011  
          to December 15, 2014.

          Commencing May 14, 2014, members of the Commission will  
          resume being appointed under the rules governing staggering  
          of terms.

           Comments
           
          AB 1265 (Caballero) would delay the placement of a water  
          bond before the voters on the November 6, 2012 General  
          Election, and makes conforming changes throughout the bill.







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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

          CTW:do  8/9/10   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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