BILL ANALYSIS
AB 1260
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1260 (Fuller)
As Amended August 9, 2010
Majority vote
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|ASSEMBLY: | |(May 11, 2009) |SENATE: |26-5 |(August 9, 2010) |
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(vote not relevant)
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|COMMITTEE VOTE: |9-3 |(August 9, 2010) |RECOMMENDATION: |concur |
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Original Committee Reference: B. & P.
SUMMARY : Extends the terms of the current California Water
Commission (CWC) members, all of whom were appointed by Governor
Schwarzenegger, until May 14, 2014.
The Senate amendments delete the Assembly version of the bill, and
instead:
1)Extend until May 14, 2014 the term of any CWC member who is
serving an unexpired term as of January 1, 2011.
2)Resume staggering CWC member terms on May 14, 2014.
EXISTING LAW :
1)Creates a nine-member CWC within the Department of Water
Resources (DWR) with each member appointed by the Governor,
subject to confirmation by the Senate, and serving four years.
2)Staggers CWC members' terms so that one or more expires each
year.
3)Requires the CWC to approve all DWR rules and regulations other
than those relating exclusively to DWR's internal administration
and management and empowers the CWC to name all State Water
Project facilities.
AB 1260
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4)Provides that if the Safe, Clean, and Reliable Drinking Water
Supply Act of 2010 (Water Bond) is approved by the voters, then:
a) $3 billion dollars shall be continuously appropriated to
the CWC to fund what it determines are the public benefits of
water storage projects selected by the CWC and which improve
the Sacramento-San Joaquin Delta (Delta) ecosystem or
tributaries to the Delta; and,
b) Water storage project public benefits shall be broadly
defined to include: ecosystem improvements, including changing
the timing of water diversions or improving flows or water
temperatures to benefit native fish and wildlife; water
quality improvements; flood control benefits; emergency
response; and recreational purposes.
AS PASSED BY THE ASSEMBLY , this bill addressed the Acupuncture
Board and the requirements for a quorum.
FISCAL EFFECT : Unknown
COMMENTS : This bill extends to May 14, 2014, the term of any CWC
member whose appointment has been confirmed by the Senate and who
is serving in an unexpired term as of January 1, 2011. Without
passage of this bill, the terms of the current water commissioners
who were appointed by the Governor on May 14, 2010 would otherwise
expire as follows: three on January 15, 2011, two on January 15,
2012, two on January 15, 2013, and two on January 15, 2014.
On October 11, 2009, Governor Schwarzenegger issued a proclamation
convening the Legislature to meet in extraordinary session to take
up issues related to protecting and restoring the Delta ecosystem
and improving water reliability and management, including
addressing water conveyance, storage, and conservation, and
considering a general obligation bond.
SB 2 X7 (Cogdill), Chapter 3, Statutes of the 2009-10 Seventh
Extraordinary Session, passed in November 2009, formed part of the
historic five-bill package adopted in that session and called for a
water bond to be placed on the November 2010 ballot. If approved
by the voters, it would authorize the issuance of bonds in the
amount of $11.14 billion for a wide range of projects and purposes
including water conservation and efficiency, groundwater protection
and cleanup, integrated regional water management, ecosystem and
watershed protection and restoration, water recycling, and water
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storage. With respect to water storage projects, SB 2X7
continuously appropriates $3 billion to the CWC to fund the public
benefits of those projects after determining the amount of public
benefits provided by each proposed project pursuant to criteria set
forth in that bill. Those criteria broadly define public benefits
to include: ecosystem improvements that benefit native fish and
wildlife; water quality improvements; flood control benefits;
emergency response; and recreational purposes.
On May 14, 2010, Governor Schwarzenegger announced nine new
appointments to the CWC, a body which was previously dormant during
his administration. Since that time, Governor Schwarzenegger
announced he would seek to delay the Water Bond until the 2012
ballot.
Related legislation, AB 1265 (Ma), was gutted and amended by the
Senate on August 5, 2010 to become AB 1265 (Caballero), which would
delay the Water Bond until the 2012 ballot and add language
prohibiting joint powers authorities which receive public water
bond funds to design, acquire, and construct water storage projects
from including in their membership for-profit members. In
anticipation of passage of AB 1265 delaying the water bond, this
bill (AB 1260) was amended in the Senate to provide that each of
Governor Schwarzenegger's current CWC appointees, if confirmed by
the Senate, would have full four year terms extending to May 14,
2014. Even though Governor Schwarzenegger's term ends in 2010,
this would ensure that if the water bond were put on the 2012
ballot and passed by the voters, his current CWC appointees, if
confirmed by the Senate, would still make the initial decisions
regarding the $3 billion authorized by the water bond for water
storage projects.
This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. The
subject matter of this bill was not heard in an Assembly policy
committee this legislative session.
Analysis Prepared by : Tina Cannon Leahy and Diane Colborn / W.,
P. & W. / (916) 319-2096
FN: 0005785