BILL ANALYSIS Ó
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Mark Leno, Chair
Bill No: AB 1478
Author: Committee on Budget
As Amended: June 22, 2012
Consultant: Catherine Freeman
Fiscal: Yes
Hearing Date: June 25, 2012
Subject: Resources Omnibus Trailer Bill
Summary: This bill makes various changes to implement the
Energy, Resources, Environmental Protection and Agriculture
budget actions adopted as part of the 2012-13 budget
package.
Background: As part of the 2012-13 budget package, AB 1478
makes various statutory changes to implement the budget
act.
Proposed Law: This bill includes the following key
changes:
1.Provides funding flexibility for state parks by creating
a two-year continuous appropriation from the State Parks
and Recreation Fund for revenue generating activities,
creates an Enterprise Fund for entrepreneurial capital
projects, increases flexibility of existing funding
sources for all state parks, and includes language to
allow state parks to access funding from the Clean Water
Revolving Loan Fund for needed water and wastewater
projects.
2.Reduces the number of members on each regional water
quality control board from nine to seven, eliminates
categorical selection of individuals who may serve on a
board, and revises conflict of interest rules for board
members to more closely mirror the Political Reform Act
of 1974. An amendment clarifies that for appointments
from the nonpublic sector, the Governor shall consider
including members from key economic sectors in a given
region.
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3.Establishes new legislative oversight and controls over
the Air Resources Board including: the creation of a
separate expenditure fund for proceeds from the auction
or sale of allowances pursuant to the market-based
compliance mechanism (Cap and Trade program); the
establishment of a separate Cost of Implementation Fee
account for oversight and tracking of funds; oversight of
actions taken on behalf of the State of California
related to market-based compliance and auctions, specific
to the Western Climate Initiative and Western Climate
Initiative, Incorporated; and provides for return of
certain funds to ratepayers of Investor Owned Utilities
from funds related to the auction or sale of allowances.
4.Allows for the creation of an Electricity Procurement
Investment Charge (EPIC) fund for the sole purpose of
creating an investment plan for proceeds of the EPIC
proceeding at the California Public Utilities Commission.
Provides for the elimination of defunct statutes funded
under the previous Public Goods Charge. An amendment
clarifies that no single program is prioritized in
statute for expenditure of funds under the budget act.
5.Requires payments to the Beverage Container Recycling
Fund, as of July 1, 2012, to be made no later than the
last day of the month following the sale of a qualifying
beverage. Provides necessary amendments to require a
business that generates four cubic yards or more of
commercial solid waste per week to arrange for required
recycling services. Shifts enforcement of electronic
waste primarily to the Department of Resources Recycling
and Recovery from the Department of Toxic Substances
Control.
6.Provides necessary statutory changes to reduce
un-utilized and under- utilized program activities funded
by the Department of Toxic Substances Control. Provides
necessary statutory changes from budget reductions and
adjustments to the Toxic Substances Control Account.
Eliminates statutory references to the now defunct
Registered Environmental Assessor program.
7.Reduces bond indebtedness for certain bonds over 10 years
old in accordance with Constitutional provisions.
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Deletes defunct provisions related to the Department of
General Services and State Public Works Board relative to
specific completed facilities.
8.Provides for expanded permitting and inspection fee
requirements, and revised assessment of fees related to
production, licensing and inspection of milk and dairy
products.
9.Provides statutory changes to allow for an ongoing
transfer of funds from the Harbors and Watercraft
Revolving Loan Fund for reimbursement of costs of the
State Water Resources Development system incurred for
related recreation and fish and wildlife enhancements,
including, in particular, for ongoing obligations for
boating and fishing related activities at facilities
within the system. Provides for a legislative hearing
and notification for new long-term water contract terms
and conditions prior to final approval by the parties.
10.Within the Fish and Game Code, provides for the
elimination of the Salton Sea Restoration Council on
January 1, 2013. Requires the Department of Fish and
Game to provide certification of the full mitigation of
identified significant environmental impacts and for a
fee structure to fully cover all costs of the department
prior to administering permits to operate vacuum or
suction dredge equipment.
11.Provides necessary changes to adjust expenditure
authority for the purpose of hazardous or idle-deserted
wells in a given year; extends the period of liquidation
in the School District Act from the Underground Storage
Tank Cleanup Fund; and requires local unexpended bond
funds from the Lower-Emission School Bus Program to be
reallocated locally rather than revert to the state
program.
12.Provides necessary cleanup to provisions related to the
San Gabriel and Lower Los Angeles Rivers and Mountains
Conservancy relative to appointment of state personnel.
Fiscal Effect: This bill should not result in any changes
to the budget act or related budget actions.
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Support: Unknown
Opposed: Unknown
Comments: This bill provides the necessary statutory
references to enact the 2012-13 budget related to
resources, environmental protection, energy and
agriculture.
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