BILL ANALYSIS �
SENATE COMMITTEE ON BUDGET AND FISCAL REVIEW
Mark Leno, Chair
Bill No: AB 1060
Author: Fox and V. Manuel P�rez
As Amended: September 6, 2013
Consultant: Catherine Freeman
Fiscal: Yes
Hearing Date: September 12, 2013
Subject: Renewable Resource Trust Fund
Summary: This bill would reappropriate the remaining
funding in the Budget Act of 2012 from the Renewable
Resource Trust Fund for planning grants for renewable
energy projects available to counties in the Desert
Renewable Energy Conservation Plan Act.
Background: The Budget Act of 2012 appropriated
$12,435,000 from the Renewable Resource Trust Fund for the
support of the Energy Resources Conservation and
Development Commission, also known as the California Energy
Commission (CEC). Of this amount, $7 million was allocated
to the CEC to provide planning grants to counties in the
Desert Renewable Energy Conservation Plan Act (DRECP) for
renewable energy projects.
California Executive Order S-14-08 requires the development
of the Desert Renewable Energy Conservation Plan (DRECP)
for the Mojave and Colorado deserts in order to provide
binding, long-term, endangered species permit assurances,
and to facilitate the review and approval of compatible
renewable energy projects. The DRECP is intended to
provide effective protection and conservation for desert
ecosystems and to allow for the development of compatible
renewable energy projects. The DRECP will include
implementation of a scientifically-based adaptive
management and monitoring program as a part of its overall
conservation strategy.
The DRECP is: (1) a Natural Community Conservation Plan
(NCCP) required to comply with the California NCCP Act and
the California Endangered Species Act (CESA); (2) a Habitat
Conservation Plan (HCP) required to comply with the Federal
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Endangered Species Act (FESA); and, (3) a Land Use Plan
Amendment (LUPA) established in accordance with the Federal
Land Policy and Management Act (FLPMA).
As of April 2013, the CEC has awarded the first $3.3
million in grants from the original budget act
appropriation and intends to do a second round of
competitive grant awards. The original encumbrance period
for the appropriation is one year, and thus a
reappropriation is necessary to provide funding for the
next round of planning grants.
One county, Kern, has formally submitted a letter
expressing its intention to apply for a grant. Kern County
has not, however, become a formal participant in the DRECP
process. Several other counties have not yet applied for
planning grants though the CEC believes they will also
apply. The CEC does not yet have a full list of who may or
may not apply for planning grants in the next cycle.
Analysis: Reappropriations of this nature are routinely
considered during the budget process. It is unclear at
this time whether the possible grant applicants are formal
parties to the DRECP process, and it is unclear what the
universe of grant applicants for the second round may be.
Absent this bill, the likely course would be for the CEC to
provide the Legislature with a formal budget request in the
proposed 2014-15 budget, with grants awarded for that
period of time. At that time, a more clear understanding
of the number of grant applicants would be available
including a balance of funding needs between competing
agencies. Additionally, should the funding not be used for
these grants, it could be re-appropriated for other
purposes including for administration of the CEC.
Support: County of Kern
Audubon California
California Native Plant Society
Defenders of Wildlife
Natural Resources Defense Council
Sierra Club
The Nature Conservancy
The Wilderness Society
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Clean Power Campaign
Opposed: Unknown
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