BILL ANALYSIS Ó
AB 1061
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ASSEMBLY THIRD READING
AB
1061 (Gallagher)
As Amended June 1, 2015
2/3 vote
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|Committee |Votes |Ayes |Noes |
| | | | |
| | | | |
|----------------+------+---------------------+---------------------|
|Water |15-0 |Levine, Bigelow, | |
| | |Dababneh, Dahle, | |
| | |Dodd, Beth Gaines, | |
| | |Cristina Garcia, | |
| | |Gomez, Harper, | |
| | |Lopez, Mathis, | |
| | |Medina, Rendon, | |
| | |Salas, Williams | |
| | | | |
|----------------+------+---------------------+---------------------|
|Appropriations |17-0 |Gomez, Bigelow, | |
| | |Bonta, Calderon, | |
| | |Chang, Daly, Eggman, | |
| | |Gallagher, | |
| | | | |
| | | | |
| | |Eduardo Garcia, | |
| | |Gordon, Holden, | |
| | |Jones, Quirk, | |
| | |Rendon, Wagner, | |
| | |Weber, Wood | |
AB 1061
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SUMMARY: Allows the Sacramento and San Joaquin Drainage District
(District), which is under the management and control of the
Central Valley Flood Protection Board (Board), to sell, lease, or
rent properties, and use any revenue that is generated from the
lease or rental of the properties for flood control purposes.
EXISTING LAW:
1)Provides the Board authority for the protection and oversight of
levees, weirs, channels, and other features of federally and
state-authorized flood control facilities located in the
Sacramento River and San Joaquin River drainage basins.
2)Requires plans that involve the construction, enlargement, or
alteration of any levee, embankment, canal, or other excavation
in the bed of or along or near the banks of the Sacramento or
San Joaquin Rivers or any of their tributaries or specified
lands to be approved by the Board before such activity is
commenced.
3)Vests management and control of the District in the Board.
4)Authorizes the District to acquire, own, hold, use, and enjoy
any and all properties necessary for the purposes of the
District.
FISCAL EFFECT: According to the Assembly Appropriations
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Committee, annual General Fund losses of $360,000 resulting from
the transfer of revenue generated by leases to the District.
Management and control of the district is vested in the Board.
Board leases include traditional grazing and agricultural leases
as well as oil and gas leases that generate rent and royalties.
COMMENTS: This bill gives the District broader property-related
powers. In addition to being able to acquire, hold and enjoy
property, this bill allows the District to sell, lease, or rent
property, including rights-of-way and easements, and apply any
revenue from the lease or rental of property to the flood control
purposes of the District and the Board.
The author states that the District has property rights dating
back to the 1900s and retains fee title, easements, and other land
use agreements on about 18,000 parcels. According to the author,
there are agreements that allow for agricultural crop production,
which generates lease revenues to the state. But the author adds
the revenues must go directly to the General Fund and cannot be
used for the maintenance and repair of flood control projects.
The District boundaries comprise more than 1.9 million acres in
the Central Valley along the general course of the Sacramento and
San Joaquin Rivers, stretching from Glenn and Butte Counties in
the north to Madera and Fresno Counties in the south. The
District was created in 1913 to allow the State Engineer to
prepare a report to the Reclamation Board, which was the current
Board's predecessor agency. The purpose of the report was to
further plans for controlling the floodwaters of the rivers and
improve and preserve navigation, reclamation, and the protection
of the lands that are susceptible to overflow from those rivers
and their tributaries. Those plans culminated in the State Plan
of Flood Control (SPFC), a State-Federal flood protection system
in the Sacramento River and San Joaquin River watersheds.
Property rights for the SPFC are held by the District.
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A prior statutory change solved a similar issue for the Department
of Fish and Wildlife (DFW): DFW supplemented the costs of
maintenance and operations of DFW-managed lands by granting
revenue-generating leases for agricultural activities, where
compatible. A state audit conducted in 2012 raised questions
regarding the accountability of the leasing process and the
reporting of revenues. SB 749 (Wolk), Chapter 387, Statutes of
2013, authorized, among other provisions, that DFW could enter
into contracts, agricultural leases, or other agreements, as
specified, and use the revenues for the management and operation
of DFW lands. One example of a successful project is the Yolo
Basin Wildlife Refuge, where lands leased for the growing of rice
provide habitat for waterfowl and other wildlife species, and
managed grazing in other parts of the refuge help to maintain
vernal pool habitat. The revenues generated from the leases also
assist the DFW in covering maintenance and operations costs for
the refuge.
Supporters state that allowing the lease revenue funding under
this bill will improve maintenance, help maximize environmental
mitigation and enhancement, and assist in offsetting mitigation
costs.
There is no known opposition to this bill.
Analysis Prepared by:
Tina Leahy / W., P., & W. / (916) 319-2096 FN:
0000834
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