BILL ANALYSIS
AB 1265
Page 1
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)
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|COMMITTEE VOTE: |10-3 |(August 9, 2010) |RECOMMENDATION: |concur |
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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
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voters at the November 6, 2012, statewide general election, it is
necessary that this act take effect immediately.
EXISTING LAW :
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
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section, but prohibits DWR from controlling the governance,
management, or operation of the surface water storage projects.
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 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.
As amended in the Senate, this bill would delay the Water Bond,
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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 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: 0005784