BILL ANALYSIS                                                                                                                                                                                                    





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2009-2010 Regular Session                    |
          |                                                                 |
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          BILL NO: SB 1169                   HEARING DATE: August 27, 2010  
           
          AUTHOR: Lowenthal                  URGENCY: No  
          VERSION: August 20, 2010           CONSULTANT: Dennis O'Connor  
          DUAL REFERRAL: No                  FISCAL: Yes  
          SUBJECT: Water.  
          
          BACKGROUND AND EXISTING LAW

          The State Water Resources Control Board (SWRCB) is a 5 member  
          board, appointed by the governor, which oversees the state's  
          water rights and water pollution prevention laws.

          PROPOSED LAW
          
          This bill would update cross-references, delete obsolete  
          provisions, remove gender specific references, and makes other  
          non-controversial technical changes to the water code.

          ARGUMENTS IN SUPPORT: 

          According to the SWRCB: As statutes are enacted year-by-year,  
          conforming changes must be made to all affected code sections  
          that reference a newly updated or created law. In the process of  
          drafting bill language to accomplish this goal, some code  
          sections have not been properly updated. In addition, drafting  
          errors sometimes have been made in writing bill language at the  
          various stages of the legislative process. In some cases, code  
          sections need to be modified to reflect final judicial  
          interpretations of statutes that would otherwise be unclear.  
          This bill will make technical, non-controversial changes in  
          order to address these issues in the Water Code and the  
          Government Code. By doing so, this bill will help to prevent any  
          confusion and unnecessary legal action in the administration of  
          the State Water Board's duties and programs.

          ARGUMENTS IN OPPOSITION: None
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          COMMENTS 
          
           Purpose of Bill  .  This bill is a technical water code cleanup  
          bill sponsored by SWRCB.  It amends various water rights  
          provisions of the water code, which are in this committee's  
          jurisdiction, as well as to the water pollution prevention  
          provisions, which are in the Senate Environmental Quality  
          Committee's jurisdiction.  The changes to the water rights  
          provisions are mostly technical, clarifying and non-substantive.  
           It updates cross-references, deletes obsolete provisions,  
          removes gender specific references, and makes other  
          non-controversial technical changes.

           Related Bills.   This bill contains language that was previously  
          in AB 2776 (Committee on Water Parks, and Wildlife.)  Before  
          that bill was heard in this committee, AB 2776 was amended and  
          became a Huffman bill dealing with water transfers.

          The Senate Environmental Quality Committee did consider the  
          water quality provisions of AB 2776 (Committee on Water Parks,  
          and Wildlife) on 6/14 (before it became a water transfers bill).  
           It passed out on a 7-0 vote.

          SUGGESTED AMENDMENTS: None

          SUPPORT
          State Water Resources Control Board (Sponsor)

          OPPOSITION
          None Received
















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