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
SENATE NATURAL RES. & WATER COMMITTEE : 7-1, 8/9/10
AYES: Pavley, Hollingsworth, Huff, Kehoe, Lowenthal,
Padilla, Simitian
NOES: Wolk
NO VOTE RECORDED: Cogdill
SENATE FLOOR : 26-5, 8/9/10
AYES: Aanestad, Alquist, Ashburn, Cedillo, Correa, Denham,
Ducheny, Emmerson, Florez, Harman, Hollingsworth, Huff,
Kehoe, Leno, Lowenthal, Negrete McLeod, Padilla, Pavley,
Price, Romero, Runner, Simitian, Steinberg, Strickland,
Wright, Wyland
NOES: Corbett, DeSaulnier, Hancock, Wolk, Yee
NO VOTE RECORDED: Calderon, Cogdill, Dutton, Liu, Oropeza,
Walters, Wiggins, Vacancy, Vacancy
ASSEMBLY FLOOR : 45-26, 8/9/10 - See last page for vote
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
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unexpired as of January 1, 2011 to May 14, 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.
Commissioners 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,
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, 1959, expires as follows:
one member on January 15, 1962 and one member on January
15, 1963. Thereafter, the successors to the members 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 (DWR)
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 a
agreement 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
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administration and management of 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.
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 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
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whose appointment has been confirmed by the Senate and who
is serving a term that is unexpired as of January 1, 2011
to May 14, 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
ASSEMBLY FLOOR :
AYES: Adams, Anderson, Arambula, Bass, Beall, Tom
Berryhill, Blakeslee, Block, Blumenfield, Caballero,
Carter, Conway, Cook, Davis, De Leon, Eng, Fletcher,
Fuentes, Fuller, Gaines, Garrick, Gilmore, Hagman,
Harkey, Hernandez, Jeffries, Knight, Logue, Bonnie
Lowenthal, Ma, Miller, Nestande, Niello, Nielsen, Norby,
V. Manuel Perez, Portantino, Salas, Silva, Smyth,
Solorio, Audra Strickland, Torres, Villines, John A.
Perez
NOES: Ammiano, Brownley, Buchanan, Chesbro, Coto, Evans,
Feuer, Fong, Furutani, Gatto, Hayashi, Hill, Huber,
Huffman, Jones, Lieu, Mendoza, Monning, Nava, Ruskin,
Saldana, Skinner, Swanson, Torlakson, Torrico, Yamada
NO VOTE RECORDED: Bill Berryhill, Bradford, Charles
Calderon, De La Torre, DeVore, Galgiani, Hall, Tran,
Vacancy
CTW:do 8/10/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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