BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 77|
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THIRD READING
Bill No: AB 77
Author: Assembly Budget Committee
Amended: 6/12/13 in Senate
Vote: 21
ASSEMBLY FLOOR : Not relevant
SUBJECT : Resources Omnibus Trailer Bill
SOURCE : Author
DIGEST : This bill makes various changes to implement the
energy, resources, environmental protection and agriculture
budget actions adopted as part of the 2013-14 Budget package.
ANALYSIS : As part of the 2013-14 Budget package, this bill
makes various statutory changes to implement the Budget Act.
This bill includes the following key changes:
1. Shifts the Ocean Protection Council to the Natural Resources
Agency and consolidates ocean programs under the Secretary
for Natural Resources. Does not impact the ability of the
Department of Fish and Wildlife (DFW) to regulate the taking
of species under the Fish and Game Code.
2. Allows revenues from agricultural leases provided to the
state to be directed to the management of those leases,
rather than for the future purchase of state lands.
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3. Repeals a provision requiring that certain funds appropriated
to the DFW from the Environmental License Plate Fund be
transferred to the Department of Parks and Recreation (DPR)
for trust purposes. The intent of the legislation was met in
a prior budget act and is no longer necessary.
4. Allows members of the Legislature to designate an alternate
to sit on Natural Resources Agency boards and commissions.
Because these members are ex-officio and do not vote, the
alternates will have the same restrictions.
5. Prioritizes small, and then medium sized, local air districts
with regard to the allocation of funding for the retrofit or
replacement of the most polluting school buses because these
districts lack the local funding to bring the remaining
school buses into compliance with the Truck and Bus
Regulation.
6. Provides a change to the Architectural Paint Recovery Program
and Carpet Stewardship Program at the Department of Resources
Recycling and Recovery (CalRecycle) to allow the
administrative fees supporting these programs to be paid
quarterly in arrears rather than yearly.
7. Reforms the Beverage Container Recycling Program at
CalRecycle in order to: (a) create a more stringent
certification process, (b) provide a new, formal training and
technical assistance program, (c) mandate the use of certain
updated information technology tools, and (d) restrict
recycling centers to only redeeming beverage containers for
which a California Redemption Value has been paid.
8. Provides technical cleanup to extend the repeal date of the
Department of Finance authority to delegate to DPR to plan,
design, construct and administer contracts and professional
services for legislatively approved capital outlay projects
as is consistent with other boards and departments.
9. Makes technical statutory changes to the Department of
Forestry and Fire Protection to eliminate the non-critical
functions, and reduce the statutory responsibilities of the
department, in order to meet workload within its authorized
spending levels.
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10.Provides the necessary statutory changes to shift the
Education and the Environment Initiative from the Secretary
of the California Environmental Protection Agency (Cal-EPA)
to CalRecycle.
11.Requires Joint Legislative Budget Committee notification
within 30 days of any hydroelectric power project relicensing
proposal by the Federal Energy Regulatory Commission that, if
approved by the Department of Water Resources, will obligate
the General Fund in the future.
12.Requires the Alternative Energy and Advanced Transportation
Financing Authority to develop and administer a risk
mitigation program for Property Assessed Clean Energy loans.
13.Provides for the transfer of a Department of Transportation
building to DPR for incorporation into the capital
development plan for the San Diego State Historic Park.
14.Extends a concession agreement at Will Rogers State Beach to
exceed 20 years in order to allow the concessionaire to
amortize improvements over a longer period of time.
15.Eliminates the term limits on voting members of the Delta
Stewardship Council.
16.Requires the Energy Commission, in administering the Electric
Program Investment Charge as developed by the Public
Utilities Commission (PUC), to develop and administer this
program with a focus on ratepayers and with annual reporting
to the Legislature. Does not change the authorization status
of the program.
17.Makes several changes to the PUC including: (a) approves $35
million for cyber-security research at the Lawrence Livermore
National Laboratory, (b) provides for a zero-based budgeting
exercise at the PUC to be reported to the Legislature in
18-months, (c) creates the Office of Ratepayer Advocates as a
separate budgetary program at the PUC with a separate budget
and positions, and (d) requires notice to the Legislature of
future litigation settlements. Does not make changes to the
commissioner elections or case assignments, nor to the
executive leadership of the PUC.
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18.Provides a fee reform package that is intended to streamline
the hazardous waste fee system in order to ensure long-term
stability of the Hazardous Waste Control Account, simplify
the system and to align the fees with state program
objectives.
19.Eliminates three hazardous waste fees: (a) the disposal fee,
(b) the Cal-EPA identification and verification fee, and (c)
the manifest user fee.
20.Revises three hazardous waste fees: (a) the current tiered
Generator Fee to a per ton generation and handling fee by
revising the per ton fee rate from an average of $50 per ton
to $31.52 per ton ($27.86 per ton for used oil), (b) the
facility fee is updated to reflect the current fee rate, and
(c) the permitting activity fee is changed to eliminate the
flat fee option, leaving the fee for service to cover the
Department of Toxic Substance Control's (DTSC) actual costs.
Expands the universe of businesses required to pay the fee to
all bulk hazardous generators.
21.Retains exemptions for small generators (less than five-tons
a year), government agencies cleaning up others'
contamination, household hazardous waste, waste generated
during emergencies, Do-It-Yourself Oil, and transferred waste
received by one facility and shipped to another.
22.Eliminates exemptions for used oil, waste generated by
DTSC-permitted treatment, storage and disposal facilities
(other than transferred waste) and eliminates the cap on fees
when exceeding 2,000 tons or more of hazardous waste.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: Yes
RM:d 6/13/13 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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