BILL ANALYSIS                                                                                                                                                                                                    





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2009-2010 Regular Session                    |
          |                                                                 |
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          BILL NO: SB 1450                   HEARING DATE: April 13, 2010   

          AUTHOR: Simitian                   URGENCY: No  
          VERSION: March 23, 2010            CONSULTANT: Dennis O'Connor    

          DUAL REFERRAL: No                  FISCAL: No  
          SUBJECT: Water: Delta Stewardship Council: contracts.  
          
          BACKGROUND AND EXISTING LAW
          The Sacramento-San Joaquin Delta Reform Act of 2009, among other  
          things, establishes the Delta Stewardship Council.  The council,  
          among other things, is required to develop, adopt, and commence  
          implementation of a comprehensive management plan for the Delta  
          by January 1, 2012. The act provides that the council is the  
          successor to the California Bay-Delta Authority and requires the  
          council to administer contracts, grants, easements, and  
          agreements made or entered into by the authority.

          To help jumpstart the council's efforts, the Department of Water  
          Resources (DWR), on January 25, 2010, issued a request for  
          qualifications (RFQ) to "provide project management, technical  
          services, and environmental services for the Delta Plan on  
          behalf of, and under the general direction of the Delta  
          Stewardship Council."  Among other things, the RFQ stated "The  
          Contractor may be required to work independently or partner with  
          other DWR employees or private professionals but always at the  
          specific direction of the DWR."

          PROPOSED LAW
          This bill would provide that a contract made or entered into by  
          DWR is not binding on the council unless the contract is  
          approved by the council.

          ARGUMENTS IN SUPPORT
          According to the author, DWR has initiated contracts that will  
          affect the workings of the Delta Stewardship Council.  The  
          author wishes to ensure that the council has the discretion to  
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          ratify such contracts, or not ratify such contracts, before  
          those contracts become binding on the council.

          ARGUMENTS IN OPPOSITION: None

          COMMENTS 
           
          Is this bill necessary?   The council held its first meeting on  
          April 1, 2010.  Among its actions, the council directed its  
          staff to take primary responsibility for the Delta Plan RFQ  
          process.  The Chair of the council, and any other interested  
          members, would review the applicants and make recommendations to  
          council for review and final decision, and the council would  
          make its decision regarding contracting for project management  
          services no later than its May meeting.  In taking this action,  
          the council appears to have resolved the contracting issue  
          consistent with the intent of the bill.

          SUGGESTED AMENDMENTS: None

          SUPPORT
          None Received

          OPPOSITION
          None Received






















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