BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 7X8|
          |Office of Senate Floor Analyses   |                         |
          |1020 N Street, Suite 524          |                         |
          |(916) 651-1520         Fax: (916) |                         |
          |327-4478                          |                         |
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                                 THIRD READING


          Bill No:  AB 7X8
          Author:   Assembly Budget Committee 
          Amended:  2/17/10 in Senate
          Vote:     27 - Urgency

           
           ASSEMBLY FLOOR :  Not relevant 


           SUBJECT  :    2009-10 Budget Trailer Bill:  public resources

           SOURCE  :     Author


           DIGEST  :    This bill provides the necessary statutory  
          changes in the area of public resources in order to address  
          the fiscal emergency declared by Governor Schwarzenegger  
          pursuant to the California Constitution.

           Senate Floor Amendments  of 2/17/10 replace intent language  
          to enact statutory changes relating to the Budget Act of  
          2009 with language that provides statutory changes in the  
          area of public resources in order to address the fiscal  
          emergency declared by Governor Schwarzenegger pursuant to  
          the California Constitution.

           ANALYSIS  :    The California Constitution authorizes the  
          Governor to declare a fiscal emergency and to call the  
          Legislature into special session for that purpose.  The  
          Governor issued a proclamation declaring a fiscal  
          emergency, and calling a special session for this purpose,  
          on January 8, 2010.

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          This is the public resources trailer bill for purposes of  
          the fiscal emergency special session declared by the  
          Governor, including provisions to address the following  
          issues:

          1.  Beverage Container Recycling Program  .  Makes various  
             changes to improve the fiscal stability and performance  
             of the program, including the following:

             A.    Accelerates by 30 days (from 90 to 60 days)  
                payments by beverage distributors of the California  
                Redemption Value (CRV).  Results in approximately  
                $100 million one-time revenue increase in current  
                year.  Provides beer distributors with flexibility by  
                not requiring first accelerated CRV payments until  
                April 30.  Additionally, places June 30, 2012, sunset  
                on acceleration.

             B.    Authorizes the Department of Resources, Recycling,  
                and Recovery to make program payments retroactive to  
                January 1, 2010.  Currently, various program  
                participants are subject to a 100 percent  
                proportionate reduction in payments.  

             C.    Sets expenditure priorities by suspending various  
                continuous appropriations for calendar years 2010 and  
                2011, thus achieving approximately $28 million in  
                current year savings, and approximately $56 million  
                in fiscal year 2010-11 savings.  The suspensions and  
                estimated savings are as follows:

                (1)      Nonprofit competitive grants - $1.5  
                   million/year = 
                $825,000 current year savings

                (2)      Public Education & Information - $5  
                   million/year = $2.75 million current year savings

                (3)      Market Development & Expansion - $20  
                   million/year = $11 million current year savings

                (4)      Community Beverage Container Grants - $20  
                   million/year = $4.4 million current year savings


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             D.    Caps processing fee offsets for calendar years  
                2010 and 2011 for each beverage container type at  
                2008 levels.  Results in approximately $9 million  
                current year and $18 million full-year savings.

             E.    In order to achieve increased program  
                effectiveness:

                (1)      Reduces quality incentive expenditures from  
                   $15 million to $10 million, and targets all $10  
                   million at glass

                (2)      Increases plastic market development  
                   payments from $5 million to $10 million 

             F.    Requires at least 90-day notice of any future  
                proportionate reduction.

             G.    States legislative intent that fund proceeds are  
                not to be used (borrowed, loaned, etc.) for any  
                purpose but the Beverage Container Recycling Program.

             H.    Makes various technical amendments to various  
                outdated code sections.

          2.  State Water Pollution Control Revolving Fund (SWPCRF)  .   
             Enables California to access an estimated $145 million  
             in federal funds by authorizing the State Water  
             Resources Control Board (SWRCB) to issue grants, forgive  
             loan principal and provide other types of assistance  
             from specified federal SWPCRF funds, in conformance with  
             federal law.  This amendment is narrowly tailored to  
             apply only to federal funds specifically allocated for  
             SWPCRF grants and would not authorize the use of future  
             or existing "revolving" funds for other purposes.  SB  
             27X3 (Negrete McLeod), Chapter 25, Statutes of 2009-10,  
             Third Extraordinary Session, provided the SWRCB with  
             similar authority with respect to American Recovery and  
             Reinvestment Act funds.   

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          CTW:mw  2/17/10   Senate Floor Analyses 

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                       SUPPORT/OPPOSITION:  NONE RECEIVED

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