AB 95 — Public resources.

Summary

(1) Existing law establishes the Fair and Exposition Fund for the purpose of allocating moneys to provide financial support for the network of California fairs. Existing law requires that $32,000,000 be transferred annually from the General Fund to the credit of a separate account of the fund. Existing law provides that the revenues in that separate account are continuously appropriated to the Department of Food and Agriculture for specified purposes. In addition, existing law requires the deposit of $10,000,000 of the license fees for horse racing meetings into the fund and continuously appropriates those funds to the 51st District Agricultural Association for specified purposes. This bill would repeal that annual transfer from the General Fund and those other provisions and make related changes. (2) Existing law requires specified revenues received by the California Horse Racing Board to be deposited into the State Treasury to the credit of the Fair and Exposition Fund. Existing law provides that, in addition to those moneys deposited in the fund, the Legislature shall appropriate, and the board shall deposit in the fund, sums deemed necessary for the support of the board, as specified, and to the department for oversight of the network of California fairs, for contributions to the Unemployment Fund by the network of fairs, and for auditing of specified fairs. Any unallocated balance of revenues received by the board is continuously appropriated for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for specified projects or for general operational support. This bill would repeal those provisions relating to revenues received by the board and would instead provide that, from revenue received by the department, the Legislature shall appropriate to the department sums deemed necessary for oversight of the network of California fairs and for auditing of specified fairs. (3) Existing law requires the Secretary of Food and Agriculture to annually project the available revenues from the fund described above, and to prepare an annual expenditure plan for funds available from the fund. Existing law also requires the secretary to prepare and submit to the Department of Finance an estimate of the contributions, or the cost of benefits in lieu of contributions, payable to the Unemployment Fund by all California fairs, as specified. This bill would delete those provisions. The bill would also make technical changes. (4) Under existing law, the Department of Parks and Recreation has control of the state park system. The existing Tort Claims Act provides for the liability and immunity of a governmental entity for its acts or omissions that cause harm to persons. This bill would require the Department of Parks and Recreation to achieve any required budget reductions by closing, partially closing, and reducing services at selected units of the state park system and would require the department to select the units to be closed based solely on specified factors. The bill would provide immunity to a public entity and a public employee for injury or damage either caused by a condition of public property in or otherwise occurring at a state park system unit that is designated as closed, partially closed, or subject to service reduction by the department pursuant to these provisions. (5) Under existing law, the Public Utilities Commission has regulatory authority over public utilities, as defined. Existing law requires the commission, by January 10 of each year, to report to the Joint Legislative Budget Committee and appropriate fiscal and policy committees of the Legislature, on all sources and amounts of funding and actual and proposed expenditures related to specified entities or programs established by the commission. Existing law requires the commission to adopt an updated Conflict of Interest Code and Statement of Incompatible Activities. This bill would require that the commission, by January 10 of each year, report to the Joint Legislative Budget Committee and appropriate fiscal and policy committees of the Legislature, on all sources and amounts of funding and actual and proposed expenditures related to interactions by the commission, its officers, or its staff with the California Public Utilities Commission Foundation. The bill would require that within 8 weeks of any contribution to the foundation made at the behest of a member of the commission, its officers, or its staff, that the commission report the contribution to the Joint Legislative Budget Committee and appropriate fiscal and policy committees of the Legislature and include a certification that the contribution does not violate the Conflict of Interest Code and Statement of Incompatible Activities. (6) Existing law requires certain moneys on the first day of every month to be transferred from the Motor Vehicle Fuel Account to the Off-Highway Vehicle Trust Fund that are attributable to taxes imposed upon distribution of motor vehicle fuel related to specified off-highway motor vehicles and off-highway vehicle activities. The moneys in the fund are required to be used, upon appropriation, for specified purposes related to off-highway motor vehicle recreation. This bill would require the Controller to withhold $833,000 from this monthly transfer, and transfer that amount to the General Fund. (7) The Porter-Cologne Water Quality Control Act, with certain exceptions, requires a waste discharger to pay an annual fee established by the State Water Resources Control Board. The act requires the total amount of fees collected to equal that amount necessary to recover certain costs relating to the administration of waste discharge requirements. Revenues generated by the imposition of the fee are deposited in the Waste Discharge Permit Fund for expenditure, upon appropriation by the Legislature, for specified water quality purposes. This bill, for the purpose of calculating the annual fee, would authorize recoverable costs to also include costs incurred by the State Water Resources Control Board and the California regional water quality control boards in the adoption, review, and revision of water quality control plans and state policies for water quality control. (8) The Sacramento-San Joaquin Delta Reform Act of 2009 establishes the Delta Stewardship Council, which is required to develop, adopt, and commence implementation of a comprehensive management plan for the Delta (Delta Plan) by January 1, 2012. The act provides that the council is the successor to the California Bay-Delta Authority, which previously was required to carry out programs, projects, and activities to implement the CALFED Bay-Delta Program with other implementing agencies. Existing law requires the Governor, on or before April 1, 2011, to submit to the Legislature a report on the budget for the 2011–12 fiscal year for all state agency programs that implement water and ecosystem restoration activities in the Sacramento-San Joaquin Delta using a zero-based budget methodology, as defined. Existing law requires that budget to complement the budget for the CALFED Bay-Delta Program, and requires all state expenditures reported in the budget for the CALFED Bay-Delta Program for the 2011–12 fiscal year to be reported using a zero-based budget methodology. This bill would require the Governor to submit the report on the budget using zero-based budget methodology for the 2012–13 fiscal year, instead of the 2011–12 fiscal year, and would require that report to be submitted to the Legislature by April 1, 2012, instead of April 1, 2011. The bill would additionally require the council, in developing a zero-based budget for these purposes, to conduct a programmatic review of CALFED Bay-Delta Program expenditures for consistency with the Delta Plan. (9) The bill would appropriate $1,000 from the General Fund to the Department of Parks and Recreation for administrative costs. (10) The California Constitution authorizes the Governor to declare a fiscal emergency and to call the Legislature into special session for that purpose. Governor Schwarzenegger issued a proclamation declaring a fiscal emergency, and calling a special session for this purpose, on December 6, 2010. Governor Brown issued a proclamation on January 20, 2011, declaring and reaffirming that a fiscal emergency exists and stating that his proclamation supersedes the earlier proclamation for purposes of that constitutional provision. This bill would state that it addresses the fiscal emergency declared and reaffirmed by the Governor by proclamation issued on January 20, 2011, pursuant to the California Constitution. (11) This bill would declare that it is to take effect immediately as a bill providing for appropriations related to the Budget Bill.

Bill Text

• Chaptered 03/24/11 - Chaptered Current pdf March 24, 2011
• Enrolled 03/21/11 - Enrolled pdf March 21, 2011
• Amended 03/17/11 - Amended Senate pdf March 17, 2011
• Amended 03/15/11 - Amended Senate pdf March 15, 2011
• Amended 03/14/11 - Amended Senate pdf March 14, 2011
• Introduced 01/10/11 - Introduced pdf January 10, 2011
• AB95 View text html

Action History

1. March 24, 2011

   Chaptered by Secretary of State - Chapter 2, Statutes of 2011.

2. March 24, 2011

   Approved by the Governor.

3. March 22, 2011

   Enrolled and presented to the Governor at 5 p.m.

4. March 18, 2011

   Measure version as amended on March 17 corrected.

5. March 17, 2011

   Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 52. Noes 26. Page 613.).

6. March 17, 2011

   Assembly Rule 77 suspended. (Page 612.)

7. March 17, 2011

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after March 19 pursuant to Assembly Rule 77.

8. March 17, 2011

   Read third time. Passed. Ordered to the Assembly. (Ayes 25. Noes 14. Page 369.).

9. March 17, 2011

   Amended pursuant to Joint Rule 23.5.

10. March 17, 2011

    Read third time. Urgency clause refused adoption. (Ayes 25. Noes 15. Page 368.)

11. March 16, 2011

    Ordered to third reading.

12. March 16, 2011

    From committee: Do pass. (Ayes 11. Noes 5.) (March 16).

13. March 16, 2011

    Re-referred to Com. on B. & F.R. pursuant to Joint Rule 10.5.

14. March 16, 2011

    Read second time. Ordered to third reading.

15. March 15, 2011

    Read third time and amended. Ordered to second reading.

16. March 15, 2011

    Read second time. Ordered to third reading.

17. March 14, 2011

    Read third time and amended. Ordered to second reading.

18. March 07, 2011

    Read second time. Ordered to third reading.

19. March 07, 2011

    Ordered to second reading.

20. February 22, 2011

    In Senate. Read first time. To Com. on RLS. for assignment.

21. February 22, 2011

    Read third time. Passed. Ordered to the Senate. (Ayes 49. Noes 0. Page 415.)

22. February 18, 2011

    Read second time. Ordered to third reading.

23. February 18, 2011

    Without reference to committee.

24. January 11, 2011

    From printer. May be heard in committee February 10.

25. January 10, 2011

    Read first time. To print.

Sponsors

• Committee on Budget · Primary

Votes

Subjects