BILL ANALYSIS
SB 1450
Page 1
SENATE THIRD READING
SB 1450 (Simitian)
As Amended August 16, 2010
2/3 vote. Urgency
SENATE VOTE :Not relevant
WATER, PARKS & WILDLIFE 12-1 APPROPRIATIONS 17-0
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|Ayes:|Huffman, Fuller, |Ayes:|Fuentes, Conway, |
| |Anderson, Arambula, Tom | |Bradford, |
| |Berryhill, Blumenfield, | |Charles Calderon, Coto, |
| |Caballero, De La Torre, | |Davis, |
| |Fletcher, Gatto, Bonnie | |De Leon, Gatto, Hall, |
| |Lowenthal, Salas | |Harkey, Miller, Nielsen, |
| | | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Yamada | | |
| | | | |
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SUMMARY : Allows the Delta Stewardship Council (DSC) to use
expedited contracting processes for development of a long-term
management plan for the Sacramento-San Joaquin Delta Estuary
(Delta Plan), which is due January 1, 2012. Specifically, this
bill :
1)Allows the DSC to use competitive and streamlined processes to
hire either consultant services or architectural and
engineering (A&E) services.
2)States that those contracts will be for the purposes of:
a. preparing the Delta Plan and associated environmental
review;
b. performing its responsibilities, or the
responsibilities of the Delta Independent Science Board,
with regard to the Bay-Delta Conservation Plan (BDCP);
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c. determining the consistency of state and local public
agency actions with the Delta Plan; or,
d. performing scientific review to inform water and
environmental decision-making in the Sacramento-San Joaquin
Delta Estuary (Delta).
EXISTING LAW :
1)Establishes the DSC to develop and implement a plan to achieve
the co-equal goals of providing a more reliable water supply
for California and protecting, restoring, and enhancing the
Delta ecosystem.
2)Requires the DSC to act as a responsible agency under the
California Environmental Quality Act with respect to the BDCP
environmental impact report.
3)Requires the DSC to include the BDCP in the Delta Plan if the
Department of Fish and Game (DFG) determines that the BDCP
meets Natural Community Conservation Planning Act (NCCPA)
requirements.
4)Requires the DSC to determine if state and local public agency
actions are consistent with the Delta Plan.
5)Places the DSC in an oversight role regarding implementation
of the BDCP by requiring the Department of Water Resources, or
any successor agency charged with BDCP implementation, to
report to the DSC on the implementation of the BDCP.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis, potential, minor administrative cost savings
to the council resulting from simplified contracting procedures.
COMMENTS : The Delta is the largest estuary on the West Coast.
It is both a haven for plants and wildlife and critical to
California's economy, providing part of the drinking water
supplies for two-thirds of Californians and irrigation water for
over 7 million acres of highly productive agricultural land.
Since late 2004, scientific and public attention has focused on
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the unexpected collapse of several Delta fish species that are
considered indicators of the estuary's health.
Solutions to balance the competing uses of the Delta and the
degradation of its ecosystem have been elusive. On September
17, 2006, Governor Arnold Schwarzenegger created a new effort by
Executive Order, the Delta Vision, to develop a durable vision
for sustainable management of the Delta. SB 1 (Simitian),
Chapter 5, Statutes of 2009-10 Seventh Extraordinary Session,
implemented many of the Delta Vision strategies including
creating the DSC as the governing body mandated to develop the
Delta Plan, a comprehensive long-term management strategy for
the Delta. Because of the pressing condition of the Delta, the
Legislature required the DSC to adopt and begin implementing the
Delta Plan by January 1, 2012.
During a May 11, 2010, Assembly Water, Parks and Wildlife
Committee oversight hearing on the DSC and the Bay Delta
Conservation Plan, the issue was raised as to whether
traditional contracting procedures are adequate given the
expedited time frames for the DSC to develop and implement the
Delta Plan and carry out of its various oversight functions.
This bill is intended to provide a streamlined contracting
process to help meet those expedited time frames.
Amendments to this bill address concerns raised by
representatives of A&E firms. In particular, the amendments
differentiate between consultant services and A&E services
contracts and require that contracts for A&E services still
follow what is known as the Qualification Based Selection (QBS)
process (commencing with Government Code Section 4525), which
mandates A&E firms are selected competitively but based on
qualifications rather than lowest bid. The amendments also
maintain the ability of the DSC to expedite those A&E contracts
by exempting the DSC from the QBS statute's requirements to
adopt regulations prior to contracting.
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096
FN: 0006033