BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 77
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 77 (Budget Committee)
          As Amended  June 14, 2013
          Majority vote.  Budget Bill Appropriation Takes Effect  
          Immediately 
           
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          |ASSEMBLY:  |     |(May 13, 2013)  |SENATE: |25-10|(June 15,      |
          |           |     |                |        |     |2013)          |
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          Original Committee Reference:    BUDGET  

           SUMMARY  :  Contains necessary statutory and technical changes to  
          implement the Budget Act of 2013 related to resources.  

           The Senate amendments  delete the Assembly version and instead: 

          1)Shift the Ocean Protection Council to the Natural Resources  
            Agency and consolidates ocean programs under the Secretary for  
            Natural Resources.  

          2)Allow 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)Provide 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.

          4)Reform 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, mandate the use of certain updated  
            information technology tools, and, c) restrict recycling  
            centers to only redeeming beverage containers for which a  
            California Redemption Value has been paid.

          5)Make 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. 








                                                                  AB 77
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          6)Provide the necessary statutory changes to shift the Education  
            and the Environment Initiative from the Secretary for Cal-EPA  
            to the CalRecycle. 

          7)Require 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, would obligate the General Fund in  
            the future.

          8)Require the California Alternative Energy and Advanced  
            Transportation Financing Authority to develop and administer a  
            risk mitigation program for Property Assessed Clean Energy  
            (PACE) loans.

          9)Provide for the transfer of a CalTrans building to the  
            Department of Parks and Recreation for incorporation into the  
            capital development plan for the San Diego State Historic  
            Park.

          10)Extend 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.

          11)Eliminate the term limits on voting members of the Delta  
            Stewardship Council.

          12)Require the California Energy Commission, in administering  
            the Electric Program Investment Charge as developed by the  
            California Public Utilities Commission, 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.

          13)Make several changes to the California Public Utilities  
            Commission (CPUC) including:  a) approves $30 million for  
            cyber-security research at the Lawrence Livermore National  
            Laboratory; b) provides for a zero-based budgeting exercise at  
            the CPUC to be reported to the Legislature in 18-months; c)  
            creates the Office of Ratepayer Advocates as a separate  
            budgetary program at the CPUC with separate budget and  
            positions; and, d) requires notice to the Legislature of  
            future litigation settlements.  









                                                                  AB 77
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          14)Contain an appropriation allowing this bill to take effect  
            immediately upon enactment.

           COMMENTS  :  This bill provides the necessary statutory references  
          to enact the 2013-14 Budget related to resources, environmental  
          protection, energy and agriculture.

          There are two differences between this bill and the Assembly  
          version on the Resources Omnibus trailer bill.  The first is  
          that the Senate version deletes a provision from the Conference  
          Committee compromise that allows members of the Legislature to  
          designate an alternate to sit on Natural Resources Agency boards  
          and Commissions.  

          The second difference is the start date for the prohibition of a  
          currently seated CPUC Commissioner acting as an owner, director,  
          or an officer of a non-state entity which was created by the  
          CPUC.   The Senate version's operational date is January 1,  
          2015.  The Assembly version has an earlier start date for the  
          prohibition, January 1, 2014.  The early start date means that  
          the prohibition would apply to current Commissioners. 


           Analysis Prepared by  :    Gabrielle Meindl / BUDGET / (916)  
          319-2099


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