BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 84
                                                                  Page  1


          SENATE THIRD READING
          SB 84 (Budget and Fiscal Review Committee)
          As Amended  June 24, 2013
          Majority vote.   Budget Bill Appropriation Takes Effect  
          Immediately

           SENATE VOTE  :Vote not relevant  
           
           SUMMARY  :  Contains necessary statutory and technical changes to  
          implement the Budget Act of 2013 related to resources.   
          Specifically,  this bill  :

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

          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)Allows the Speaker of the Assembly or the Senate Committee on  
            Rules to appoint a Member of the Legislature or legislative  
            staff to serve as an alternate for a Member of the Legislature  
            appointed to a state board or commission within the Natural  
            Resources Agency in the Member's absence.  Because these  
            members are ex-officio and do not vote, the alternates would  
            have the same restrictions as the sitting members.

          4)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.

          5)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 redeeming beverage containers for which a  
            California Redemption Value has been paid.

          6)Makes technical statutory changes to the Department of  
            Forestry and Fire Protection to eliminate the non-critical  








                                                                  SB 84
                                                                  Page  2


            functions, and reduce the statutory responsibilities of the  
            department, in order to meet workload within its authorized  
            spending levels. 

          7)Provides the necessary statutory changes to shift the  
            Education and the Environment Initiative from the Secretary  
            for California Environmental Protection Agency (CalEPA) to  
            CalRecycle.

          8)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.

          9)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.

          10)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.

          11)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.

          12)Eliminates the term limits on voting members of the Delta  
            Stewardship Council.

          13)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.

          14)Makes 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)  








                                                                  SB 84
                                                                  Page  3


            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.  

          15)Contains an appropriation allowing the 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.

          Two amendments were taken to resolve the differences between the  
          Assembly and Senate versions of the Resources Omnibus trailer  
          bill.  The first amendment relates to a provision from the  
          Budget Conference Committee compromise regarding resource agency  
          legislative alternates.  The amendment would allow the Speaker  
          of the Assembly or the Senate Committee on Rules to appoint a  
          Member of the Legislature or legislative staff to serve as an  
          alternate for a Member of the Legislature appointed to a state  
          board or commission within the Natural Resources Agency in the  
          Member's absence.  Because these members are ex-officio and do  
          not vote, the alternates would have the same restrictions as the  
          sitting members.

          The second amendment addresses the timing of an accountability  
          reform at the California Public Utilities Commission.  The  
          compromise amendment enacts a June 1, 2014, 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 new start date means that the  
          prohibition would apply to current Commissioners.


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


                                                                FN: 0001271