BILL ANALYSIS Ó
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Mark Leno, Chair
Bill No: AB 102
Author: Committee on Budget
As Amended: August 27, 2013
Consultant: Catherine Freeman
Fiscal: Yes
Hearing Date: August 29, 2013
Subject: Resources Omnibus Trailer Bill
Summary: 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.
Background: As part of the 2013-14 budget package, AB 102
makes various statutory changes to implement the budget
act.
Proposed Law: 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 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 Department of Fish and Wildlife from
the California Environmental License Plate Fund be
transferred to the Department of Parks and Recreation 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
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commissions. Because these members are ex-officio and do
not vote, the alternates would 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: (1) create a more stringent
certification process, (2) provide a new, formal training
and technical assistance program, mandate the use of
certain updated information technology tools, and, (3)
restrict recycling centers to only redeem beverage
containers for which a California Redemption Value has
been paid.
8.Provides technical cleanup to extend the repeal date that
allows the Department of Finance to delegate to the
Department of Parks and Recreation authority 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 eliminate the
non-critical functions of the Department of Forestry and
Fire Protection, and reduce the statutory
responsibilities of the department, in order to meet
workload within its authorized spending levels.
10.Provides the necessary statutory changes to shift the
Education and the Environment Initiative from the
Secretary for Cal-EPA to the Department of Resources
Recycling and Recovery.
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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, would
obligate the General Fund in the future.
12.Requires the California Alternative Energy and Advanced
Transportation Financing Authority to develop and
administer a risk mitigation program for Property
Assessed Clean Energy (PACE) loans.
13.Provides 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.
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 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.
17.Makes several changes to the California Public Utilities
Commission (CPUC) including: (1) approves $35 million for
cyber-security research at the Lawrence Livermore
National Laboratory, (2) provides for a zero-based
budgeting exercise at the CPUC to be reported to the
Legislature in 18-months, (3) creates the Office of
Ratepayer Advocates as a separate budgetary program at
the CPUC, with a separate budget and positions, and, (4)
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 CPUC.
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Fiscal Effect: This bill should not result in any changes
to the budget act or related budget actions.
Support: Unknown
Opposed: Unknown
Comments: This bill provides the necessary statutory
references to enact the 2013-14 budget related to
resources, environmental protection, energy and
agriculture.
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