BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 1450|
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UNFINISHED BUSINESS
Bill No: SB 1450
Author: Simitian (D)
Amended: 8/16/10
Vote: 27 - Urgency
SENATE NATURAL RES. & WATER COMMITTEE : 7-2, 4/13/10
AYES: Pavley, Cogdill, Kehoe, Lowenthal, Padilla,
Simitian, Wolk
NOES: Hollingsworth, Huff
SENATE FLOOR : 24-7, 4/22/10
AYES: Alquist, Calderon, Cedillo, Corbett, DeSaulnier,
Ducheny, Florez, Hancock, Kehoe, Leno, Liu, Lowenthal,
Maldonado, Negrete McLeod, Oropeza, Padilla, Pavley,
Price, Romero, Simitian, Steinberg, Wolk, Wright, Yee
NOES: Ashburn, Denham, Dutton, Hollingsworth, Huff,
Strickland, Wyland
NO VOTE RECORDED: Aanestad, Cogdill, Correa, Cox, Harman,
Runner, Walters, Wiggins, Vacancy
ASSEMBLY FLOOR : 73-1, 8/17/10 - See last page for vote
SUBJECT : Water: Delta Stewardship Council: contracts
SOURCE : Author
DIGEST : This bill allows the Delta Stewardship Council
to use expedited contracting processes for development of a
long-term management plan for the Sacramento-San Joaquin
Delta Estuary, which is due January 1, 2012.
CONTINUED
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Assembly Amendments set out different requirements for
consulting contracts as opposed to architectural and
engineering services, specify that contracts for consulting
services will follow an expedited process, and specify that
contracts for architectural and engineering services shall
follow a specified qualification process.
ANALYSIS :
Existing law:
1. Establishes the Delta Stewardship Council (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 Bay-Delta Conservation Plan (BDCP) environmental
impact report.
3. Requires the DSC to include the BDCP in the long-term
management plan for the Sacramento-San Joaquin Delta
Estuary (Delta Plan) if the Department of Fish and Game
determines that the BDCP meets Natural Community
Conservation Planning Act 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.
This bill:
1. Allows the DSC to use competitive and streamlined
processes to hire either consultant services or
architectural and engineering services.
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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 BDCP.
C. Determining the consistency of state and local
public agency actions with the Delta Plan.
D. Performing scientific review to inform water and
environmental decision-making in the Sacramento-San
Joaquin Delta Estuary (Delta).
Background
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 seven million acres of highly productive
agricultural land. Since late 2004, scientific and public
attention has focused on 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 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: No
According to the Assembly Appropriations Committee
analysis, potential, minor administrative cost savings to
the DSC resulting from simplified contracting procedures.
ARGUMENTS IN SUPPORT : According to the author's office,
DWR has initiated contracts that will affect the workings
of the DSC. The author wishes to ensure that the DSC has
the discretion to ratify such contracts, or not ratify such
contracts, before those contracts become binding on the
DSC.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Tom Berryhill, Block, Blumenfield,
Bradford, Brownley, Buchanan, Caballero, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Eng, Evans, Feuer, Fletcher, Fong, Fuentes, Fuller,
Gaines, Galgiani, Garrick, Gatto, Gilmore, Hagman,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Knight, Logue, Bonnie Lowenthal, Ma,
Mendoza, Miller, Monning, Nava, Nestande, Niello,
Nielsen, Norby, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, John A. Perez
NOES: Yamada
NO VOTE RECORDED: Blakeslee, Charles Calderon, Furutani,
Hall, Lieu, Vacancy
CTW:mw 8/18/10 Senate Floor Analyses
SUPPORT/OPPOSITION: NONE RECEIVED
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