BILL ANALYSIS
AB 2092
Page 1
Date of Hearing: May 12, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 2092 (Huffman) - As Amended: April 20, 2010
Policy Committee: Water, Parks and
Wildlife Vote: 8-3
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
This bill requires the Delta Stewardship Council (DSC) to
develop a long-term financing plan for implementing the Delta
Plan. Specifically, this bill:
1)Directs the DSC, by January 1, 2013, to develop a long-term
financing plan. Specifies the plan is to identify and evaluate
the benefits to all groups resulting from the implementation
of the Delta Plan, including, but not limited to:
a) The public.
b) Urban and agricultural water users diverting water in
the Delta and in the Bay-Delta tributaries and watershed.
c) Delta landowners, recreational users and commercial
fishers.
d) Dischargers into the Delta or its tributaries, including
wastewater dischargers.
e) Other interests with infrastructure or operations in the
Delta.
AB 2092
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2)Calls for the plan to include a fee, based on the "beneficiary
pays principle," for implementing the Delta Plan and for
ongoing administration by DSC.
3)Prohibits DSC from adopting the fee unless directed to do so
by law.
4)Directs DSC, before imposing the fee, to seek funding from
private groups that may benefit from the Delta Plan and to
credit those contributions against future fees or funding
requirements
FISCAL EFFECT
Negligible costs to DSC, which already has funding to develop
the Delta Plan.
COMMENTS
1)Rationale . Recent legislation established the coequal goals
of protecting the Delta ecosystem and ensuring a reliable
water supply for California. The legislation created DSC and
called for the adoption of a Delta Plan to achieve the coequal
goals. The author contends a long-term funding plan is
critical to development of the plan and achievement of the
coequal goals. He intends this bill to provide for
development of such a fee that might be implemented later.
2)Background . In November of last year, the Legislature passed
SBX7 1 (Chapter 5, Simitian) to address the long troubled and
deteriorating Sacramento-San Joaquin Delta. Among other
things, the bill established the DSC-a seven member body
charged with developing, adopting, and commencing
implementation of a comprehensive management plan for the
Delta by January 1, 2012.
3)Support . This bill is supported by several conservation
groups, who believe it critical to establish a funding plan
for development of the Delta Plan and conclude it appropriate
to pay for the plan with fees on those who will benefit from
its implementation.
AB 2092
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4)Opposition . This bill, as heard in policy committee, was
opposed by a variety of local government organizations, water
agencies and agricultural groups who expressed concern about
application of the "beneficiary pays principle," under which,
ideally, those who benefit from a proposed governmental action
pay for the public cost of that action. The bill was
substantially amended by the policy committee; it is not clear
whether these groups remain opposed to the bill.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081