BILL ANALYSIS
AB 1265
Page 1
(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
AB 1265 (Caballero)
As Amended August 5, 2010
2/3 vote. Urgency
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|ASSEMBLY: | |(June 2, 2009) |SENATE: |27-7 |(August 9, |
| | | | | |2010) |
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(vote not relevant)
Original Committee Reference: REV. & TAX.
SUMMARY : Changes submission to the voters of the Safe, Clean,
and Reliable Drinking Water Supply Act (Water Bond) from
November 2010 to November 2012 and prohibits a joint powers
authority that receives public funding under the Water Bond for
a surface water storage project from including for-profit
entities among its members.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Change submission of the Water Bond from the November 2, 2010
statewide election to the November 6, 2012 statewide election
and makes conforming changes throughout the Water Bond to
reflect the 2012 date.
2)Add language prohibiting a joint powers authority which
receives public funds under the Water Bond to design, acquire,
and construct a surface water storage project from including
in its membership any for-profit corporation or any mutual
water company whose shareholders and members include a
for-profit corporation or any other private entity.
3)Declare that this bill shall take effect immediately as an
urgency statute, in order to enable the Secretary of State to
make the changes required by this act at the earliest possible
date, and to ensure that the Water Bond is submitted to the
voters at the November 6, 2012, statewide general election, it
is necessary that this act take effect immediately.
EXISTING LAW :
AB 1265
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1)Creates a nine-member California Water Commission (CWC) within
the Department of Water Resources (DWR) with each member
appointed by the Governor, subject to confirmation by the
Senate, and serving four-year staggered terms.
2)Enacts the Water Bond which, if approved by the voters in
November 2010, authorizes $11.14 billion in general obligation
bonds to fund various water resources programs and projects.
The funding by chapter is as follows:
$ 455 M Chapter 5Drought Relief
$1,050 Chapter 6 Water Supply Reliability
$2,250 Chapter 7 Delta Sustainability
$3,000 Chapter 8 Statewide Water System Operational
Improvement
$1,785 Chapter 9 Conservation and Watershed Protection
$1,000 Chapter 10Groundwater Protection and Water Quality
$1,250 Chapter 11Water Recycling Program
$11,140 M Total
3)Authorizes the CWC, under Chapter 8 of the Water Bond 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.
4)Authorizes, under Chapter 8 of the Water Bond, local joint
powers authorities (JPAs) formed by irrigation districts and
other local water districts and local governments within the
applicable hydrologic region to:
a) Be eligible for funds to design, acquire, and construct
surface storage projects; and,
b) Include in their membership governmental and
nongovernmental partners that are not located within their
respective hydrologic regions in financing the surface
storage projects, including, as appropriate, cost share
participation or equity participation.
5)Makes the DWR an ex-officio member of JPAs subject to this
section, but prohibits DWR from controlling the governance,
management, or operation of the surface water storage
projects.
AB 1265
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AS PASSED BY THE ASSEMBLY , this bill specified that until
January 1, 2012, a qualified itinerant vendor is a consumer, and
not a retailer, of tangible personal property owned and sold by
the vendor, with specified exceptions, so that the retail sale
subject to tax is the sale of tangible personal property to the
qualified itinerant vendor.
FISCAL EFFECT : Unknown
COMMENTS : 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 the 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 storage. With
respect to water storage projects, SB 2 X7 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.
As amended in the Senate, this bill would delay the Water Bond,
placing it on the 2012 ballot instead of the 2010 ballot, and
add language prohibiting joint powers authorities which receive
public funds allocated by the CWC under the Water Bond to
AB 1265
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design, acquire, and construct surface water storage projects
from including in their membership any for-profit corporation or
any mutual water company whose shareholders and members include
a for-profit corporation or any other private entity. Related
legislation, AB 1260 (Fuller), would extend the terms of the
current CWC members appointed by the Governor to May 14, 2014 if
confirmed by the Senate.
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: 0005782