BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                  SB 1450|
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                              UNFINISHED BUSINESS


          Bill No:  SB 1450
          Author:   Simitian (D)
          Amended:  8/16/10
          Vote:     27 - Urgency

           
           SENATE NATURAL RES. & WATER COMMITTEE  :  7-2, 4/13/10
          AYES:  Pavley, Cogdill, Kehoe, Lowenthal, Padilla,  
            Simitian, Wolk
          NOES:  Hollingsworth, Huff

           SENATE FLOOR  :  24-7, 4/22/10
          AYES:  Alquist, Calderon, Cedillo, Corbett, DeSaulnier,  
            Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,  
            Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,  
            Price, Romero, Simitian, Steinberg, Wolk, Wright, Yee
          NOES:  Ashburn, Denham, Dutton, Hollingsworth, Huff,  
            Strickland, Wyland
          NO VOTE RECORDED:  Aanestad, Cogdill, Correa, Cox, Harman,  
            Runner, Walters, Wiggins, Vacancy

           ASSEMBLY FLOOR  :  73-1, 8/17/10 - See last page for vote


           SUBJECT  :    Water:  Delta Stewardship Council:  contracts

           SOURCE  :     Author


           DIGEST  :    This bill allows the Delta Stewardship Council  
          to use expedited contracting processes for development of a  
          long-term management plan for the Sacramento-San Joaquin  
          Delta Estuary, which is due January 1, 2012. 
                                                           CONTINUED





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           Assembly Amendments  set out different requirements for  
          consulting contracts as opposed to architectural and  
          engineering services, specify that contracts for consulting  
          services will follow an expedited process, and specify that  
          contracts for architectural and engineering services shall  
          follow a specified qualification process.

           ANALYSIS  :    

          Existing law: 

          1. Establishes the Delta Stewardship Council (DSC) to  
             develop and implement a plan to achieve the co-equal  
             goals of providing a more reliable water supply for  
             California and protecting, restoring, and enhancing the  
             Delta ecosystem. 

          2. Requires the DSC to act as a responsible agency under  
             the California Environmental Quality Act with respect to  
             the Bay-Delta Conservation Plan (BDCP) environmental  
             impact report. 

          3. Requires the DSC to include the BDCP in the long-term  
             management plan for the Sacramento-San Joaquin Delta  
             Estuary (Delta Plan) if the Department of Fish and Game  
             determines that the BDCP meets Natural Community  
             Conservation Planning Act requirements. 

          4. Requires the DSC to determine if state and local public  
             agency actions are consistent with the Delta Plan. 

          5. Places the DSC in an oversight role regarding  
             implementation of the BDCP by requiring the Department  
             of Water Resources, or any successor agency charged with  
             BDCP implementation, to report to the DSC on the  
             implementation of the BDCP. 

          This bill:

          1. Allows the DSC to use competitive and streamlined  
             processes to hire either consultant services or  
             architectural and engineering services. 








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          2. States that those contracts will be for the purposes of:  


             A.    Preparing the Delta Plan and associated  
                environmental review.

             B.    Performing its responsibilities, or the  
                responsibilities of the Delta Independent Science  
                Board, with regard to the BDCP. 

             C.    Determining the consistency of state and local  
                public agency actions with the Delta Plan.

             D.    Performing scientific review to inform water and  
                environmental decision-making in the Sacramento-San  
                Joaquin Delta Estuary (Delta). 

           Background  

          The Delta is the largest estuary on the West Coast.  It is  
          both a haven for plants and wildlife and critical to  
          California's economy, providing part of the drinking water  
          supplies for two-thirds of Californians and irrigation  
          water for over seven million acres of highly productive  
          agricultural land.  Since late 2004, scientific and public  
          attention has focused on the unexpected collapse of several  
          Delta fish species that are considered indicators of the  
          estuary's health. 

          Solutions to balance the competing uses of the Delta and  
          the degradation of its ecosystem have been elusive.  On  
          September 17, 2006, Governor Schwarzenegger created a new  
          effort by Executive Order, the Delta Vision, to develop a  
          durable vision for sustainable management of the Delta.  SB  
          1 (Simitian), Chapter 5, Statutes of 2009-10, Seventh  
          Extraordinary Session, implemented many of the Delta Vision  
          strategies including creating the DSC as the governing body  
          mandated to develop the Delta Plan, a comprehensive  
          long-term management strategy for the Delta.  Because of  
          the pressing condition of the Delta, the Legislature  
          required the DSC to adopt and begin implementing the Delta  
          Plan by January 1, 2012. 

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    







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          Local:  No

          According to the Assembly Appropriations Committee  
          analysis, potential, minor administrative cost savings to  
          the DSC resulting from simplified contracting procedures. 

           ARGUMENTS IN SUPPORT  :    According to the author's office,  
          DWR has initiated contracts that will affect the workings  
          of the DSC.  The author wishes to ensure that the DSC has  
          the discretion to ratify such contracts, or not ratify such  
          contracts, before those contracts become binding on the  
          DSC.


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Bass, Beall,  
            Bill Berryhill, Tom Berryhill, Block, Blumenfield,  
            Bradford, Brownley, Buchanan, Caballero, Carter, Chesbro,  
            Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,  
            Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller,  
            Gaines, Galgiani, Garrick, Gatto, Gilmore, Hagman,  
            Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,  
            Jeffries, Jones, Knight, Logue, Bonnie Lowenthal, Ma,  
            Mendoza, Miller, Monning, Nava, Nestande, Niello,  
            Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,  
            Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra  
            Strickland, Swanson, Torlakson, Torres, Torrico, Tran,  
            Villines, John A. Perez
          NOES:  Yamada
          NO VOTE RECORDED:  Blakeslee, Charles Calderon, Furutani,  
            Hall, Lieu, Vacancy


          CTW:mw  8/18/10   Senate Floor Analyses 

                       SUPPORT/OPPOSITION:  NONE RECEIVED

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