BILL ANALYSIS Ó
AB 1961
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CONCURRENCE IN SENATE AMENDMENTS
AB 1961 (Huffman)
As Amended August 21, 2012
Majority vote
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|ASSEMBLY: |74-3 |(May 30, 2012) |SENATE: |24-13|(August 22, |
| | | | | |2012) |
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Original Committee Reference: W., P. & W.
SUMMARY : Establishes the Coho Salmon Habitat Leading to
Preservation Act (Coho HELP Act) which, in order to prevent the
extinction of coho salmon, provides the Department of Fish and
Game (DFG) an expedited mechanism to approve specific types of
voluntary on-the-ground habitat restoration projects that
benefit coho salmon. Appropriates $37,500 from the Hatchery and
Inland Fisheries Fund (HIFF) to DFG, for the remainder of the
fiscal year, in order to fund one-half of engineer position to
aid in urgent review of coho projects. Repeals the Coho HELP
Act on January 1, 2018.
The Senate amendments clarify that Coho HELP Act projects to
restore denuded or eroded streambanks may use some rock in their
bioengineering practices; and, appropriate $37,500 from the HIFF
to fund one-half of an engineer position at DFG in order to
facilitate urgent review of Coho HELP Act projects for the
remainder of the fiscal year.
AS PASSED BY THE ASSEMBLY , this bill was substantially identical
but did not allow the use of some rock in streambank restoration
projects and did not address a HIFF appropriation.
FISCAL EFFECT : The Senate Appropriations Committee, estimated
$50,000 to $100,000 in 2012-13 and 2013-14 (Fish and Game
Preservation Fund or FGPF) for the department to develop
emergency regulations and $250,000 to $1,000,000 (two to five
staff) for the department to review requests, approve projects
and monitor implementation (FGPF).
The staff analysis acknowledged there could be potential
offsetting revenue of an unknown amount to the department for
deposit in the Coho Salmon Recovery Account created in the Fish
and Game Preservation Fund resulting from voluntary
AB 1961
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contributions and that it would cost $50,000 (HIFF) for a
half-time engineer position for one year.
COMMENTS : As passed in the Assembly this bill stated that
qualifying projects that restore eroded or denuded streambanks
had to use nonrock bioengineering practices. Concerns were
raised that under a strict reading this would preclude even the
use of boulders in streambank stabilization. The author
subsequently amended the bill to specify that bioengineering
practices must be primarily, but not exclusively, nonrock. In
addition, when it was identified that additional funding would
allow DFG to expedite urgent project review for a species on the
brink of extinction, intent language was added in the Senate to
clarify that HIFF would be an appropriate source as the types of
projects that would be reviewed and implemented under the
program would provide broad fisheries habitat benefits. In
response to a subsequent Senate Appropriations Committee staff
recommendation to either strike the HIFF intent language or make
an actual appropriation but limit it to the remainder of the
fiscal year, a $37,500 appropriation was added to the bill.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096 FN:
0005440