BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 398|
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THIRD READING
Bill No: AB 398
Author: Migden (D), et al
Amended: 8/30/00 in Senate
Vote: 27
SENATE NATURAL RES. & WILD. COMMITTEE : 5-2, 8/22/00
AYES: Monteith, Alpert, Johannessen, Johnston, Leslie
NOES: Bowen, Sher
SENATE APPROPRIATIONS COMMITTEE : 10-3, 8/29/00
AYES: Johnston, Alpert, Burton, Escutia, Johnson,
Karnette, Kelley, Leslie, McPherson, Perata
NOES: Bowen, Mountjoy, Vasconcellos
ASSEMBLY FLOOR : Not relevant
SUBJECT : Cargill Salt Flats Purchase
SOURCE : Author
DIGEST : This bill requires the Wildlife Conservation
Board to authorize the acquisition of property in San
Francisco Bay currently owned by the Cargill Salt Division
and transfers $30 million from the General Fund to
implement the recommendations of the Baylands Ecosystem
Habitat Goals Report (see Analysis section below).
ANALYSIS : The Cargill Salt Ponds are located at the
south end of San Francisco Bay in Alameda, Santa Clara, and
San Mateo counties. sCargill says that these ponds are
still being used for commercial salt purposes. However, it
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seems that in recent years, the commercial use of these
ponds has seriously diminished and Cargill is now willing
to sell part of the acreage.
The ponds cover an area of 29,000 acres. Cargill is
offering 19,000 acres for sale. The total estimated cost of
the acquisition of the salt ponds is $300 million.
Congress is moving legislation to have the federal
government pay 50 percent of the acquisition cost up to
$150 million if the State of California also participates
in the acquisition.
Existing law requires the Wildlife Conservation Board to
authorize the acquisition of real property, rights in real
property, water, or water rights as necessary to carry out
the purposes of the Wildlife Conservation Law of 1947.
This bill creates, within the Wildlife Restoration Fund,
the San Francisco Baylands Restoration Program Account to
acquire and restore wetlands in the San Francisco Bay area
to achieve the objectives of the Baylands Ecosystem Habitat
Goals Report.
The bill allows the Wildlife Conservation Board to buy land
if:
1.The price does not exceed the fair market value as
described in state and federal law, including the
McAteer-Petris Act.
2.The board determines that:
A. Funds are available to implement the Goals Report
for a "significant portion" of the property acquired,
or
B. no long-term maintenance of levees and dikes and
other land-use management requirements are necessary
to avoid environmental degradation to the property,
or that the funds and authority exists to meet these
requirements.
3.The board decides to buy the Cargill Salt Ponds and a
matching federal appropriation for the purchase has been
made available.
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4.The board consults with the State Coastal Conservancy and
determines that the purchase is consistent with most of
the goals of the San Francisco Bay Area Conservancy
Program.
E.The acquisition of the property will not result in any
liability to the state for the cleanup of hazardous
materials.
The bill transfers $30 million from the General Fund to the
San Francisco Baylands Restoration Program Account.
Appropriates the transfer to the Wildlife Conservation
Board for expenditure to implement the recommendations and
objectives of the Baylands Ecosystem Habitat Goals Report.
Provides that if the board determines to purchase the
Cargill property, the balance of the purchase price shall
be provided by a combination of state and local funds.
The bill also makes findings and declarations regarding the
San Francisco Bay area and the Goals Report.
Comments
The Goals Report found that:
"In this subregion [South Bay], achieving the Goals
will depend largely on the willingness of the Cargill
Salt Division to undertake major changes in its
operations or to cease commercial salt production."
If the Cargill property is purchased the estimated cost
of restoring the first 10,000 acres is between $150
million and $300 million. While restoration funds are
not yet identified, San Francisco International Airport
(SFO) has said that some $200 million is currently
available for restoration. However, this bill does not
provide that the restoration funds must come from SFO.
This bill makes no mention of SFO and is not contingent
upon expansion of the SFO. If some other restoration
funds were to be made available, those funds could be
used and this acquisition would move forward. At this
time, no alternate source is known.
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The airport sits directly on San Francisco Bay.
SFO has one of the worst track records in the world for
delayed and cancelled flights, and has proposed to expand
the airfield by adding two runways. To do so they would
have to fill in up to 1,400 acres of San Francisco Bay.
This requires that the impacts of this expansion on San
Francisco Bay be mitigated should the expansion be
approved.
FISCAL EFFECT : Appropriation: Yes Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/22/00)(Unable to reverify at time
of writing)
Air Transport Association
Alameda County Building & Construction Trades Council
BFI Waste Systems
Brandfusion
Browning-Ferris Industries
California Labor Federation, AFL-CIO
California Manufactures & Technology Association
California Chamber of Commerce
Cargill
Century 21 Alliance
Chinese Chamber of Commerce, San Francisco
Clarion Hotel, San Francisco International Airport
Contra Costa Council
Daly City/Colma Chamber of Commerce
First National Bank
Hilderbrand Properties
Hotel Council of San Francisco
Larkspur Hospitality
National Air Traffic Controllers Association
Northern California Carpenters Regional Council
Pasha, Bay Area small business
Providian Financial
Restore San Francisco Bay Associates
Samceda, San Mateo County Peninsula
San Benito County Building & Construction Trades Council
San Francisco Building and Construction Trades Council
San Francisco Central Labor Council
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City and County of San Francisco
San Francisco Chamber of Commerce
San Francisco Visitors and Convention Bureau
San Francisco International Airport
San Francisco Labor Council, AFL-CIO
Sanitary Truck Drivers and Helpers Local No. 350
San Mateo Building and Construction Trades Council
San Mateo County Central Labor Council
Santa Clara County Building & Construction Trades Council
Silicon Valley Manufacturing Group
Teamsters Joint Council No. 7
Teamsters, Local 350
United Airlines
The Westin, San Francisco Airport
James T. Beall, Jr. Santa Clara County Supervisor
L. Blitch, Chair, San Francisco Chamber of Commerce
Mary Griffin, San Mateo County Supervisor
Michael P. Guingona, Councilmember, City of Daly
Pete McHugh, Santa Clara County Supervisor
Michael King, San Carlos City Councilmember
Michael D. Nevin, Supervisor, San Mateo County
Ralph Nobles, Restore San Francisco Bay Associates
SUPPORT IF AMENDED:
National Audubon Society
Save the Bay
Sierra Club
CP:cm 8/31/00 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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