BILL ANALYSIS Ó
SB 839
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SENATE THIRD READING
SB
839 (Committee on Budget and Fiscal Review)
As Amended June 14, 2016
Majority vote. Budget Bill Appropriation Takes Effect
Immediately
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
Regulation.
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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
drought.
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
efforts.
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
vehicles.
18)Clarifies the Department of Water Resources design-build
authority to include specified programs related to the Salton
Sea.
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
Bill).
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:
0003450
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