BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 77
          Author:   Assembly Budget Committee
          Amended:  6/14/13 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.

           Senate Floor Amendments  of 6/14/13 delete the hazardous waste  
          fee reform provisions.  

          Senate Floor Amendments  of 6/13/13 delete the provision that  
          allows legislative alternates on Natural Resources Agency boards  
          and commissions.

           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  
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             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.

          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. 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.

          5. 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.

          6. 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.

          7. 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.

          8. 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  

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             spending levels. 

          9. 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.

          10.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.

          11.Requires the Alternative Energy and Advanced Transportation  
             Financing Authority to develop and administer a risk  
             mitigation program for Property Assessed Clean Energy loans.

          12.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.

          13.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.

          14.Eliminates the term limits on voting members of the Delta  
             Stewardship Council.

          15.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.

          16.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  

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             executive leadership of the PUC.

           FISCAL EFFECT  :    Appropriation:  Yes   Fiscal Com.:  Yes    
          Local:  Yes


          RM:d  6/14/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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