BILL ANALYSIS
AB 1052
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1052 (Caballero)
As Amended August 19, 2009
Majority vote
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|ASSEMBLY: |79-0 |(June 1, 2009) |SENATE: |33-1 |(September 1, |
| | | | | |2009) |
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Original Committee Reference: W., P. & W.
SUMMARY : Rewrites existing law regarding the Bay-Delta Sport
Fishing Enhancement Stamp program to specify that the
requirement for the stamp to be purchased is repealed effective
January 1, 2010, but continuing the authorization for
expenditure of existing stamp revenues for the long-term
sustainable benefit of Bay-Delta sport fisheries, as specified,
and continuing the advisory committee. Requires the Department
of Fish and Game (DFG) to submit an annual accounting and
program status report, to post information on its Web site on
projects funded, and, in consultation with the advisory
committee, to develop a grants program and spending plan for
expenditure of funds in the stamp account.
The Senate amendments make the following changes to the Assembly
version:
1)Rewrite existing code sections to clarify that the requirement
to purchase the stamp is repealed, and no fee shall be
collected, as of January 1, 2010, and to continue in effect
the requirement that fees already received by DFG from the
sale of the stamps shall be deposited in a separate account
within the Fish and Game Preservation Fund (FGPF), and
expended by DFG for the long-term, sustainable benefit of the
primary Bay-Delta sport fisheries, as specified.
2)Modify and renumber existing code sections providing for the
appointment of an advisory committee and specifying the
advisory committee's responsibilities. Restates and revises
the requirement for DFG to provide an annual accounting of
funds generated and expended, including administrative
expenditures, and the status of programs and projects funded.
3)Add a requirement for DFG to post on its Internet Web site
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information regarding projects funded.
4)Require DFG, in consultation with the advisory committee to
develop a grants program and to develop priority areas for
funding under the program. Requires DFG to give the advisory
committee an opportunity to review draft solicitation notices
before they are finalized and released to the public.
5)Require the advisory committee to assist DFG in providing
outreach to encourage participation in the grant program.
6)Require DFG to provide the advisory committee with a copy of
all grant applications, and to give the committee a minimum of
30 days to review projects and provide recommendations to DFG.
7)Require DFG to complete a spending plan by January 31, 2010
and to provide a copy of the plan to the Legislature.
8)Delete requirements included in the Assembly version of this
bill for DFG to provide an annual report to the advisory
committee and to the Legislature.
EXISTING LAW requires:
1)Until January 1, 2010, the purchase of a Bay-Delta Sport
Fishing Enhancement Stamp to sport fish in the tidal waters of
the San Francisco Bay-Delta and the main stem of the
Sacramento and San Joaquin Rivers, including major
tributaries, below the most downstream dam. Requires fee
revenue from sale of the stamps to be deposited in a separate
account within the FGPF, and to be spent for the long-term
sustainable benefit of the primary Bay-Delta sport fisheries,
including but not limited to striped bass, sturgeon, black
bass, halibut, salmon, surf perch, steelhead trout and
American shad. Requires expenditures to benefit sport fishing
populations, sport fishing opportunities, and anglers within
that geographic area, consistent with endangered species laws
and the ecosystem restoration component of CALFED. Funds are
to be used to augment and not replace funding that would
otherwise be allocated to Bay-Delta sport fisheries from other
sources.
2)The DFG Director to appoint a Bay-Delta Sport Fishing
Enhancement Stamp Fund Advisory Committee consisting of nine
members representing Bay-Delta anglers, which shall make
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recommendations to DFG for projects and budgets. Requires DFG
to give full consideration to the committee's recommendations.
3)DFG to give an annual accounting to the Legislature on the
fund and projects.
AS PASSED BY THE ASSEMBLY , this bill:
1)Repealed the sunset on provisions of existing law authorizing
expenditure of funds from the Bay-Delta Sport Fishing
Enhancement Stamp account for projects to benefit Bay-Delta
sport fisheries and providing for a Stamp Advisory Committee,
allowing these provisions to continue indefinitely, but
retained the January 1, 2010 sunset on the requirement to
purchase the stamp. Purchase of the stamp would no longer be
required to sport fish in the Bay-Delta after January 1, 2010.
2)Required DFG to implement recommendations of the state auditor
contained in an October 2008 audit of the Bay-Delta Sport
Fishing Enhancement Stamp program.
3)Required DFG to report to the Legislature by an unspecified
date on compliance status, including development of a spending
plan for expenditure of available stamp revenues.
FISCAL EFFECT : According to the Senate Appropriations
Committee, minor costs, absorbable within existing special fund
fee revenues.
COMMENTS : Current law, which sunsets on January 1, 2010,
requires the purchase of a Bay-Delta Sport fishing enhancement
stamp to sport fish in the waters of the San Francisco Bay Delta
and major tributaries below the most downstream dam, in addition
to the purchase of a California sport fishing license. This
requirement expires under current law on January 1, 2010, unless
extended.
Stamp sales have generated over $8 million dollars in revenue
since 2003, intended for use on projects for the long-term
sustainable benefit of Bay-Delta sport fisheries. A state audit
of the program in 2008 found several deficiencies in DFG's
administration of the program, including that DFG had been slow
to identify and fund projects. As of June 30, 2008, the fish
stamp account had an unspent balance of over $7 million. The
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audit included a number of specific recommendations to address
the deficiencies identified. The DFG Director, in a written
response to the audit, agreed with many of the audit
recommendations and indicated DFG was in the process of
implementing changes. The author introduced this bill to ensure
DFG follows the recommendations of the audit, and to extend the
operative date on the sections of law authorizing expenditure of
the monies in the fund and the existence of the advisory
committee, which would otherwise sunset at the end of this year.
This bill, in both the Assembly version and in the version
passed by the Senate, does not extend the sunset on the
requirement for purchase of the stamp, but allows the stamp fee
requirement to expire, to allow the surplus fund balance to be
spent down, and improvements in administration of the program to
be implemented before further fee collection requirements are
imposed. The Senate amendments retain the requirement in the
Assembly version for DFG, in consultation with the advisory
committee, to develop a spending plan, as recommended by the
State Auditor, but add a deadline date of January 31, 2010 for
the spending plan to be completed. The Senate amendments also
require DFG, in consultation with the advisory committee, to
develop a grant program for expenditure of stamp revenues and to
identify priority areas for grant funding, and requires DFG to
post project information on its Web site. The Senate amendments
also delete certain annual reporting requirements deemed
redundant to other annual accounting and status reports
required.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
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