BILL ANALYSIS
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THIRD READING
Bill No: AB 2529
Author: Kehoe (D), et al
Amended: 6/29/04 in Senate
Vote: 21
SENATE NATURAL RES. & WILD. COMMITTEE : 6-3, 6/22/04
AYES: Kuehl, Alpert, Bowen, Ortiz, Sher, Torlakson
NOES: Oller, Denham, Hollingsworth
SENATE APPROPRIATIONS COMMITTEE : 7-5, 8/12/04
AYES: Alpert, Bowen, Burton, Karnette, Machado, Murray,
Speier
NOES: Battin, Aanestad, Ashburn, Johnson, Poochigian
NO VOTE RECORDED: Escutia
ASSEMBLY FLOOR : 51-25, 5/25/04 - See last page for vote
SUBJECT : Water quality: marine managed areas
SOURCE : Author
DIGEST : This bill establishes a Marine Managed Areas
Program to grant monetary awards for capital projects that
would restore and protect the water quality and environment
of protected marine areas.
ANALYSIS : The Legislature passed the Marine Managed
Areas Improvement Act in 2000 [AB 2800 (Shelley), Chapter
385, Statutes of 2000], to "streamline the process for
identifying and protecting special marine waters and
habitats."
CONTINUED
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In 2002, voters approved the Water Security, Clean Drinking
Water, Coastal and Beach Protection Act (also known as
Proposition 50). One purpose of the Act, under Section
79501 (h) of the Water Code, recognizes the state's
responsibility to keep "coastal waters safe from water
pollution, and to provide the wildlife and plant habitat
and riparian and wetlands areas needed to support
functioning coastal?ecosystems for the benefit of the
people of California."
This bill establishes a Marine Managed Areas Program (MMAP)
to allocate Proposition 50 money as grants to projects, not
exceeding $1 million per project, designed to improve water
quality in marine managed areas (MMA), with priorities
given to projects that "treat or otherwise remove existing
waste discharges, or prevent probable waste discharges,
into areas of special biological significance." This bill
also sets forth procedures for the MMAP to follow in
awarding money to projects. In addition, this bill
requires the recipients of funding to submit reports to
indicate "whether the purposes of the project(s) have been
met."
The bill requires the State Water Resources Control Board
(SWRCB), in consultation with the California Coastal
Commission, to appoint a MMA water quality task force
comprised of individuals representing the breadth and
diversity of coastal communities, interested nonprofit
groups, and marine resource users to review proposals for
grant funding. The task force may recommend projects to
the SWRCB for funding consideration.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2004-05 2005-06 2006-07 Fund
Program establishment > $300, depending on size of
program Unknown
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Program implementation > $200, depending on size of
program Unknown
MMAP grants significant cost pressure GF/BF
Task force unknown
Unknown
SUPPORT : (Verified 8/12/04)
The Ocean Conservancy (source)
Advocates for Wild, Healthy Oceans
City of Berkeley
Defenders of Wildlife
Environment California
Natural Resources Defense Council
Planning and Conservation League
San Diego Bay Keeper
Sierra Club of California
OPPOSITION : (Verified 8/12/04)
State Department of Finance
ARGUMENTS IN SUPPORT : The Ocean Conservancy writes that
the program proposed in the bill will "ensure that the
standards set to protect the uses of marine managed areas
will be implemented in a cost effective manner, and would
provide lasting benefits for the coast and the millions of
Californians who visit and use it."
The Planning and Conservation League notes that the MMAP
ensures that all protection efforts are "implemented in a
cost effective manner."
The Defenders of Wildlife states that the bill will
"provide for the increased opportunity to protect the water
quality of [the] marine managed areas by establishing a
grant program to fund projects that restore and protect
water quality."
ARGUMENTS IN OPPOSITION : The State Department of Finance
is opposed to this bill for the following reasons:
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1. Although the Administration supports efforts to improve
the conditions of our ocean, this bill imposes a
significant cost at a time when resources are not
sufficient to cover existing programs.
2. The SWRCB requires resources to address the
implementation of the new program, and although the bill
does not include an appropriation for the awarding of
grant money in 2004-05, pressure on the General Fund to
implement the requirements of the bill could arise in
subsequent years.
3. This bill may impose additional costs on the State
Coastal Conservancy and the State Department of Fish and
Game since the bill requires the SWRCB to consult with
those departments to determine water quality needs for
the affected MMA.
4. The bill expands the size of state government by
creating a new program.
ASSEMBLY FLOOR :
AYES: Berg, Bermudez, Calderon, Canciamilla, Chan, Chavez,
Chu, Cohn, Corbett, Correa, Diaz, Dutra, Dymally,
Firebaugh, Frommer, Goldberg, Hancock, Jerome Horton,
Shirley Horton, Jackson, Kehoe, Koretz, Laird, Leno,
Levine, Lieber, Liu, Longville, Lowenthal, Maddox,
Maldonado, Matthews, Montanez, Mullin, Nakano, Nation,
Negrete McLeod, Oropeza, Parra, Pavley, Reyes,
Ridley-Thomas, Salinas, Simitian, Steinberg, Vargas,
Wesson, Wiggins, Wolk, Yee, Nunez
NOES: Aghazarian, Bates, Bogh, Cogdill, Cox, Dutton,
Garcia, Harman, Haynes, Houston, Keene, La Malfa, La
Suer, Maze, McCarthy, Mountjoy, Nakanishi, Pacheco,
Plescia, Richman, Runner, Samuelian, Spitzer, Strickland,
Wyland
NO VOTE RECORDED: Benoit, Campbell, Daucher, Leslie
CP:mel 8/13/04 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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