BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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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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