BILL ANALYSIS
AB 398
Page 1
GOVERNOR'S VETO
AB 398 (Migden)
As Amended August 30, 2000
2/3 vote
-----------------------------------------------------------------
|ASSEMBLY: | |(June 21, 1999) |SENATE: |33-4 |(August 31, |
| | | | | |2000) |
-----------------------------------------------------------------
(vote not relevant)
-----------------------------------------------------------------
|ASSEMBLY: |57-11|(August 31, | | | |
| | |2000) | | | |
-----------------------------------------------------------------
Original Committee Reference: L. GOV.
SUMMARY : Appropriates $30 million from the General Fund (GF) to
the newly created San Francisco Baylands Restoration Program
Account (Account) for the purpose of acquiring and restoring
wetlands in the San Francisco Bay area.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Create the Account, for the purpose of acquiring and restoring
wetlands in the San Francisco Bay area.
2)Authorize the Wildlife Conservation Board (WCB) to expend the
funds in the Account provided the following conditions are
met:
a) The purchase price does not exceed the fair market value
of the property;
b) WCB determines that there are sufficient funds exists
for the acquisition and long-term maintenance of property
AB 398
Page 2
and that there are no unique long-term maintenance
requirements;
c) A federal matching appropriation has been deposited into
the Account in the event that WCB determines to acquire all
or a portion of the Cargill property;
d) WCB determines, after consultation with the State
Coastal Conservancy, that the acquisition is consistent
with the San Francisco Bay Area Conservancy Program; and,
e) The acquisition of the property will not result in any
liability for the state for the cleanup of hazardous
materials.
3)Define "Cargill property" to mean all property owned by the
Cargill Salt Division that Cargill proposes to sell to the
state and federal governments.
4)Require the State Controller to transfer $30 million from the
GF to the Account to be appropriated by WCB for the
implementation of the recommendations and objectives of the
Baylands Ecosystem Habitat Goals Report.
EXISTING LAW requires WCB 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.
AS PASSED BY THE ASSEMBLY , this bill enacted the Housing Bond
Act of 2000, which proposed a $750 million general obligation
bond for state housing programs.
FISCAL EFFECT : $30 million GF appropriation.
COMMENTS : The Cargill Salt Ponds are located at the south end
of San Francisco Bay in Alameda, Santa Clara, and San Mateo
Counties. Cargill says that these ponds are still being
used for commercial salt purposes. However, it seems that in
recent years, the commercial use of these ponds has seriously
diminished and Cargill is now willing to sell part of the
AB 398
Page 3
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% of the
acquisition cost up to $150 million if the State of California
also participates in the acquisition.
In 1999, The San Francisco Bay Area Wetlands Ecosystem Goals
Project issued, "Baylands Ecosystem Habitat Goals," a report
providing a guide for the restoration of the baylands and
adjacent habitats of the San Francisco Bay estuary. This report
determined that in the South Bay area, achieving restoration
goals depends largely on the willingness of the Cargill Salt
Division to undertake major changes in its operations or to
cease it commercial salt production.
GOVERNOR'S VETO MESSAGE :
I am signing Assembly Bill 398, which establishes the
San Francisco Baylands Restoration Program Account in
the State Wildlife Restoration Fund and appropriates
General Fund revenues to the Account for the purpose
of acquiring and restoring San Francisco Bay wetlands
and habitat which may include the Cargill Salt
property.
However, in signing this measure, I am reducing the
appropriation from $30 million to $25 million. I feel
that this appropriation is sufficient to show the
State's good faith in working with the federal
government to make a joint purchase of these historic
wetlands upon completion of an independent appraisal.
Analysis Prepared by : Kristin Stauffacher / W., P. & W. /
(916) 319-2096
AB 398
Page 4
FN: 0007349