BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  AB 102
          Author:   Assembly Budget Committee
          Amended:  8/27/13 in Senate
          Vote:     21

           
           SENATE BUDGET & FISCAL REVIEW COMMITTEE  :  10-5, 9/9/13
          AYES:  Leno, Beall, Block, DeSaulnier, Hancock, Hill, Jackson,  
            Monning, Roth, Torres
          NOES:  Emmerson, Berryhill, Nielsen, Wright, Wyland
          NO VOTE RECORDED:  Anderson

           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 to regulate the taking of  
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             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 (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, mandate the use of certain  
             updated information technology tools, and (c) 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 DPR  
             authority to plan, design, construct and administer contracts  
             and professional services for legislatively-approved capital  
             outlay projects, as is consistent with other boards and  

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             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 the California Environmental Protection Agency 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, obligates 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  
             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 California 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  

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             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.

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

          According to the Senate Budget and Fiscal Review Committee  
          analysis, this bill does not result in any changes to the Budget  
          Act or related Budget actions.

          JJA:d  9/10/13   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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