BILL ANALYSIS                                                                                                                                                                                                    Ó

          |SENATE RULES COMMITTEE            |                        SB 839|
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                                 UNFINISHED BUSINESS

          Bill No:  SB 839
          Author:   Committee on Budget and Fiscal Review  
          Amended:  6/14/16  
          Vote:     21 


           ASSEMBLY FLOOR:  48-28, 6/16/16 - See last page for vote

           SUBJECT:   Public resources

          SOURCE:    Author

          DIGEST:  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.

          Assembly Amendments delete the Senate version of the bill, and  
          instead add the current language.

          ANALYSIS:  This bill includes the following key changes. 

           1) Public Water System Consolidation. 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 percent of the  
             statewide annual median, and that is served by a small public  
             water system.


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           2) Drinking Water Program Expenditure Cap. 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  

           3) California Endangered Species Act Fees. Requires the  
             Department of Fish and Wildlife to collect a permit  
             application fee for processing permits under the California  
             Endangered Species Act, exempting voluntary habitat  
             restoration and non-mitigation projects.

           4) Water Board Per Diem Increase. 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 regional water board from $100 to $250.

           5) Timber Regulation and Forest Restoration Fund Per Diem.  
             Authorizes the California Natural Resources Agency to use  
             moneys specified in the fund to provide a reasonable per diem  
             to non-government members for attendance at a meeting of the  
             related advisory committee.

           6) Environmental Lab Accreditation Cleanup. 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) Toxic Treated Wood Waste. 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) Streambed Alterations. 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  

           9) Pesticide Poisoning Sunset Date. Extends to January 1, 2019  
             from January 1, 2017, the date by which a laboratory testing  


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             for pesticide poisoning must share specified information with  
             the Department of Pesticide Regulation.

           10)Drought Reporting. Requires 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)Cross-Media Environmental Enforcement. Requires the boards  
             and departments of the California Environmental Protection  
             Agency to participate in, and undertake certain activities  
             related, to focused environmental enforcement in  
             disadvantaged communities.

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

           13)Natural Gas Tracking System Study. 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)Hazardous Waste Fees. 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)Salton Sea Design-Build Projects. Clarifies that the  
             Department of Water Resources design-build authority includes  
             specified programs related to the Salton Sea.

           16)Environmental License Plate Fund Fee Increase. Increases,  
             from $38 to $43, the fee for renewal, retention, transfer or  
             duplication of environmental license plates.

           17)Technical Cleanup. 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, (2) provides for lead acid batteries to be  


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                                                                    Page  4

             included as a potential priority product in the priority work  
             plan at the Department of Toxic Substances Control; (3)  
             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; (4) makes technical changes to the  
             encumbrance timing of a specific water rights fund  
             appropriation; and, (5) contains necessary provisions to  
             avoid a chaptering out issue with SB 837 (Committee on Budget  
             and Fiscal Review, 2016) of the current legislative session  
             (General Government II Trailer Bill).
          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   Yes

          According to the Senate Budget and Fiscal Review Committee:

          Appropriates $230,000 to the California Natural Resources Agency  
          for support of the Timber Regulation and Forest Restoration  
          public process and technical support.

          SUPPORT:   (Verified6/24/16)

          None received

          OPPOSITION:   (Verified6/24/16)

          None received

           ASSEMBLY FLOOR:  48-28, 6/16/16
           AYES: Alejo, Arambula, Atkins, Bloom, Bonilla, Bonta, Brown,  
            Burke, Calderon, Campos, Chau, Chiu, Chu, Cooley, Dababneh,  
            Daly, Dodd, Eggman, Frazier, Cristina Garcia, Eduardo Garcia,  
            Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Holden,  
            Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin,  
            Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez,  


                                                                     SB 839  
                                                                    Page  5

            Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood,  
           NOES: Achadjian, Travis Allen, Baker, Bigelow, Chang, Chávez,  
            Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones,  
            Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez,  
            Obernolte, Olsen, Patterson, Salas, Steinorth, Wagner,  
            Waldron, Wilk
           NO VOTE RECORDED: Brough, Cooper, Roger Hernández, Irwin

          Prepared by:  Catherine  Freeman  / B. & F.R. / (916) 651-4103
          7/29/16 11:00:42

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