BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1060
                                                                  Page  1

          Date of Hearing:   May 1, 2013

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                  AB 1060 (Fox) - As Introduced:  February 22, 2013 

          Policy Committee:                              Natural  
          ResourcesVote:9-0

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              

           SUMMARY  

          This bill exempts U.S. military projects from filing fees  
          required to be paid to the Department of Fish and Wildlife (DFW)  
          for the cost of managing and protecting fish and wildlife trust  
          resources in connection with CEQA review requirements.

           FISCAL EFFECT  

          Minor fee revenue loss for DFW in the $10,000 to $30,000 range.   
           

          Filing fees vary up to approximately $3,000, depending on the  
          scope of the review.  There are about five to 10 Military  
          projects proposed each year, however, the fees often are not  
          paid due to the federal restriction.
            
           COMMENTS  

           1)Rationale.  Federal law limits state's regulatory authority  
            over federal projects and federal entities are not authorized  
            to pay CEQA fees.  The author contends that the military  
            regularly seeks to develop federal water projects for which  
            local agencies or regional water quality control boards act as  
            the lead agency.   The projects may be delayed or the lead  
            agency may have to pay the DFW fee.

           2)Background.  Projects applicants are required to pay a filing  
            fee for certain projects that require DFW review.  The law  
            provides fee exemptions under the following conditions:  
                 
              a)   The project has no effect on fish and wildlife.








                                                                  AB 1060
                                                                  Page  2

             b)   The project is undertaken by DFW.
             c)   The project costs are payable by DFW from specified DFW  
               funds.
             d)   The project is implemented by DFW through a contract  
               with a nonprofit or local government agency.
             e)   The project is statutorily or categorically exempt from  
               CEQA.

            This bill adds projects carried out or implemented by a branch  
            of the United States Armed Forces to this list.
                
             

           Analysis Prepared by  :    Jennifer Galehouse / APPR. / (916)  
          319-2081