BILL ANALYSIS
AB 1260
Page 1
(Without Reference to File)
CONCURRENCE IN SENATE AMENDMENTS
AB 1260 (Fuller)
As Amended August 9, 2010
Majority vote
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|ASSEMBLY: | |(May 11, 2009) |SENATE: |26-5 |(August 9, |
| | | | | |2010) |
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(vote not relevant)
Original Committee Reference: B. & P.
SUMMARY : Extends the terms of the current California Water
Commission (CWC) members, all of whom were appointed by Governor
Schwarzenegger, until May 14, 2014.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Extend until May 14, 2014 the term of any CWC member who is
serving an unexpired term as of January 1, 2011.
2)Resume staggering CWC member terms on May 14, 2014.
EXISTING LAW :
1)Creates a nine-member CWC within the Department of Water
Resources (DWR) with each member appointed by the Governor,
subject to confirmation by the Senate, and serving four years.
2)Staggers CWC members' terms so that one or more expires each
year.
3)Requires the CWC to approve all DWR rules and regulations
other than those relating exclusively to DWR's internal
administration and management and empowers the CWC to name all
State Water Project facilities.
4)Provides that if the Safe, Clean, and Reliable Drinking Water
Supply Act of 2010 (Water Bond) is approved by the voters,
then:
AB 1260
Page 2
a) $3 billion dollars shall be continuously appropriated to
the CWC to fund what it determines are the public benefits
of water storage projects selected by the CWC and which
improve the Sacramento-San Joaquin Delta (Delta) ecosystem
or tributaries to the Delta; and,
b) Water storage project public benefits shall be broadly
defined to include: ecosystem improvements, including
changing the timing of water diversions or improving flows
or water temperatures to benefit native fish and wildlife;
water quality improvements; flood control benefits;
emergency response; and recreational purposes.
AS PASSED BY THE ASSEMBLY , this bill addressed the Acupuncture
Board and the requirements for a quorum.
FISCAL EFFECT : Unknown
COMMENTS : This bill extends to May 14, 2014, the term of any
CWC member whose appointment has been confirmed by the Senate
and who is serving in an unexpired term as of January 1, 2011.
Without passage of this bill, the terms of the current water
commissioners who were appointed by the Governor on May 14, 2010
would otherwise expire as follows: three on January 15, 2011,
two on January 15, 2012, two on January 15, 2013, and two on
January 15, 2014.
On October 11, 2009, Governor Schwarzenegger issued a
proclamation convening the Legislature to meet in extraordinary
session to take up issues related to protecting and restoring
the Delta ecosystem and improving water reliability and
management, including addressing water conveyance, storage, and
conservation, and considering a general obligation bond.
SB 2X7 (Cogdill), Chapter 3, Statutes of the 2009-10 Seventh
Extraordinary Session, passed in November 2009, formed part of
the historic five-bill package adopted in that session and
called for a water bond to be placed on the November 2010
ballot. If approved by the voters, it would authorize the
issuance of bonds in the amount of $11.14 billion for a wide
range of projects and purposes including water conservation and
efficiency, groundwater protection and cleanup, integrated
regional water management, ecosystem and watershed protection
and restoration, water recycling, and water storage. With
respect to water storage projects, SB 2X7 continuously
AB 1260
Page 3
appropriates $3 billion to the CWC to fund the public benefits
of those projects after determining the amount of public
benefits provided by each proposed project pursuant to criteria
set forth in that bill. Those criteria broadly define public
benefits to include: ecosystem improvements that benefit native
fish and wildlife; water quality improvements; flood control
benefits; emergency response; and recreational purposes.
On May 14, 2010, Governor Schwarzenegger announced nine new
appointments to the CWC, a body which was previously dormant
during his administration. Since that time, Governor
Schwarzenegger announced he would seek to delay the Water Bond
until the 2012 ballot.
Related legislation, AB 1265 (Ma), was gutted and amended by the
Senate on August 5, 2010 to become AB 1265 (Caballero), which
would delay the Water Bond until the 2012 ballot and add
language prohibiting joint powers authorities which receive
public water bond funds to design, acquire, and construct water
storage projects from including in their membership for-profit
members. In anticipation of passage of AB 1265 delaying the
water bond, this bill (AB 1260) was amended in the Senate to
provide that each of Governor Schwarzenegger's current CWC
appointees, if confirmed by the Senate, would have full four
year terms extending to May 14, 2014. Even though Governor
Schwarzenegger's term ends in 2010, this would ensure that if
the water bond were put on the 2012 ballot and passed by the
voters, his current CWC appointees, if confirmed by the Senate,
would still make the initial decisions regarding the $3 billion
authorized by the water bond for water storage projects.
This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. The
subject matter of this bill was not heard in an Assembly policy
committee this legislative session.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096 FN: 0005783