BILL ANALYSIS                                                                                                                                                                                                    

                                                                     SB 839

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          839 (Committee on Budget and Fiscal Review)

          As Amended  June 14, 2016

          Majority vote.  Budget Bill Appropriation Takes Effect  

          SENATE VOTE:  Vote not relevant

          SUMMARY:  This is the Omnibus Resources Trailer Bill for  
          2016-17.  It contains necessary changes related to the Budget  
          Act of 2016.  This bill makes various statutory changes to  
          implement the 2016-17 Budget.  Specifically, this bill:
          1)Provides for a revised definition of disadvantaged community  
            to allow for public water system consolidation for communities  
            with an annual median household income that is less than 80%  
            of the statewide annual median, and that is served by a small  
            public water system.

          2)Increases the cap on the total amount of funds received for  
            state administration of the drinking water program from $30.5  
            million to $38.9 million.

          3)Requires the Department of Fish and Wildlife to collect a  
            permit application fee for processing permits under the  
            California Endangered Species Act (CESA), exempting voluntary  
            habitat restoration and timber operations projects.


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          4)Provides an increase in total compensation received by members  
            of all regional water boards to not exceed $378,350, and  
            raises the daily per diem of each member of a water board from  
            $100 to $250.

          5)Authorizes the California Natural Resources Agency to use  
            moneys specified in the fund to provide a reasonable per diem  
            for attendance at a meeting of the advisory committee, for  
            non-government members.

          6)Requires the State Water Resources Control Board to adopt, by  
            emergency regulation, a schedule of fees to recover reasonable  
            regulatory costs incurred for the accreditation of  
            environmental laboratories, and to review and revise these  
            fees, as necessary, each fiscal year.

          7)Extends to July 1, 2018 the time by which the Department of  
            Toxic Substances Control is to prepare, post on its internet  
            site, and provide appropriate policy committees a  
            comprehensive report related to toxic treated wood waste.

          8)Makes technical changes to streambed alteration fees by  
            limiting fees to $5,000 for a single project rather than an  
            agreement, and changes the authorization of a graduated  
            schedule of fees from the director of the Department of Fish  
            and Wildlife to the department.

          9)Extends to January 1, 2019 from January 1, 2017, the date by  
            which a laboratory testing for pesticide poisoning must share  
            specified information with the Department of Pesticide  


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          10)Provides regular reporting, by the California Natural  
            Resource Agency, on drought information for the previous year,  
            and separately on lessons learned from the state's response to  

          11)Requires the boards and departments of the California  
            Environmental Protection Agency to participate and undertake  
            certain activities related to focused environmental  
            enforcement in disadvantaged communities.

          12)Extends to June 30, 2019 a general fund loan to the Oil Spill  
            Response Trust Fund and specifies that the administrator is  
            not allowed to increase fees to make up any shortfalls.

          13)Provides that the California Energy Commission, on or before  
            September 15, 2017, report to the Legislature on a recommended  
            plan for tracking natural gas, as specified.  Requires the Air  
            Resources Board, in consultation with the commission to  
            develop a model of fugitive and vented emissions of methane  
            from specified natural gas infrastructure.

          14)Eliminates the option to pay a flat fee for a permit  
            application in lieu of a fee for service so that permit  
            applicants pay the full costs associated with permitting  

          15)Allows the State Water Resources Control Board to extend its  
            current authority for small public water system consolidations  
            to certain incorporated areas.

          16)Codifies the end of captive breeding programs and the export  
            and import of genetic materials for orcas in California.   


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            Prohibits the import and export of new orcas into or out of  
            the state and the transfer between facilities of the current  
            orcas in California to facilities that standards are  
            comparable to those in the Animal Welfare Act.  Prohibits  
            anyone to hold any new orcas in captivity, whether wild-caught  
            or captive-bred, for purposes of display, performance or  
            entertainment.  Allows an orca currently being held in  
            captivity in the state to continue to be held in captivity and  
            to be used for the purpose of educational presentations until  
            its death and makes any person who intentionally or  
            negligently violates any of the above prohibitions guilty of a  
            misdemeanor, punishable by a fine not to exceed $100,000.

          17)Authorizes the California Air Resources Board to enter into  
            agreements with private entities to expedite the processing of  
            aftermarket and performance parts sold on specific motor  

          18)Clarifies the Department of Water Resources design-build  
            authority to include specified programs related to the Salton  

          19)Increases from $38 to $43 the fee for renewal, retention,  
            transfer or duplication of environmental license plates and  
            increases the fee from $48 to $53 for new environmental  
            license plates.

          20)Clarifies that declaration of a seed, plant nursery stock, or  
            crop as invasive is a power reserved for the Secretary of Food  
            and Agriculture, and makes related technical changes.

          21)Provides for lead acid batteries to be included in the  
            Priority Work Plan at the Department of Toxic Substances  
            Control as a potential priority product 


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          22)Clarifies that the timeframe for a temporary permit or  
            temporary change order for water rights diversion does not  
            limit the authorization for beneficial use of water diverted  
            to storage, oil definition, timber restoration and forest  
            restoration fund; and

          23)Makes technical changes to the encumbrance timing of a  
            specific water rights fund appropriation.

          24)Contains necessary provisions to avoid a chaptering out issue  
            with SB 837(Committee on Budget and Fiscal Review) of the  
            current legislative session (General Government II Trailer  

          COMMENT:  This bill makes various changes to implement the  
          resources, environmental protection, energy, and agriculture  
          budget actions adopted as part of the 2016-17 Budget package.

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


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