Bill Text: CA AB2092 | 2009-2010 | Regular Session | Amended
Bill Title: Delta Plan: financing.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-31 - Read third time, passage refused. (Ayes 16. Noes 21. Page 5114.) [AB2092 Detail]
Download: California-2009-AB2092-Amended.html
BILL NUMBER: AB 2092 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2010
AMENDED IN SENATE AUGUST 2, 2010
AMENDED IN SENATE JUNE 28, 2010
AMENDED IN SENATE JUNE 15, 2010
AMENDED IN ASSEMBLY APRIL 20, 2010
AMENDED IN ASSEMBLY APRIL 6, 2010
INTRODUCED BY Assembly Member Huffman
FEBRUARY 18, 2010
An act to add Sections 85053.5, 85215, and 85216 to the Water
Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
AB 2092, as amended, Huffman. Delta Plan: financing.
Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009,
establishes the Delta Stewardship Council as an independent agency
of the state. The council is required, on or before January 1, 2012,
to develop, adopt, and commence implementation of a comprehensive
management plan for the Sacramento-San Joaquin Delta (Delta Plan),
meeting specified requirements.
This bill would require the council to develop a long-term finance
plan to pay for the costs of implementing the Delta Plan by January
1, 2013. The bill would prohibit the council from adopting new fees
for these purposes unless authorized by statute. The bill would
authorize the council, before adopting and collecting long-term
revenue sources, to seek to obtain early funding contributions from
entities that may benefit from implementation of the Delta Plan and
to track those contributions to provide credit against future funding
requirements.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) The Sacramento-San Joaquin Delta is a critically important
natural resource for California and the nation and serves
Californians as both the most valuable estuary on the west coast of
North America and the hub of the California water system.
(b) The Sacramento-San Joaquin Delta watershed and water
infrastructure are in crisis.
(c) In 2009, the Legislature and Governor adopted a comprehensive
water package that included new policies and programs to address the
crisis.
(d) Senate Bill 1 of the Seventh Extraordinary Session adopted the
Sacramento-San Joaquin Delta Reform Act of 2009, which created the
Delta Stewardship Council and directed the council to develop a
comprehensive Delta Plan to address the coequal goals of providing a
more reliable water supply for California and protecting, restoring,
and enhancing the Delta ecosystem. Senate Bill 1 also stated that the
coequal goals shall be achieved in a manner that protects and
enhances the unique cultural, recreational, natural resource, and
agricultural values of the Delta as an evolving place.
(e) Long-term funding is needed to support the implementation of
the Delta Plan.
(f) A finance plan for implementing the Delta Plan should
recognize that public and private interests should contribute in
proportion to the benefits received or negative impacts caused.
SEC. 2. Section 85053.5 is added to the Water Code, to read:
85053.5. "Beneficiary pays principle" means the allocation of
costs to public or private entities in approximate proportion to
benefits received from implementation of measures in the Delta Plan
and in approximate proportion to negative impacts caused to the Delta
and the Delta watershed that the Delta Plan seeks to address.
SEC. 3. Section 85215 is added to the Water Code, to read:
85215. (a) By January 1, 2013, the council shall develop a
long-term finance plan to pay for the costs of implementing the Delta
Plan that includes all projects, programs, and related
administrative costs identified in the Delta Plan. The finance plan
shall be developed through an economic, scientific, and engineering
based, transparent, and open process. The council shall distribute a
draft plan for public review and comment at least six months prior to
the approval of the final long-term finance plan.
(b) The finance plan shall include, but not be limited to, all of
the following information:
(1) Annual expenditure plans for at least each of the next five
years for implementation of the Delta Plan.
(2) An estimate of all existing state and federal funds, including
General Fund moneys, special fund moneys, fees, and other sources of
revenue reasonably expected to be available to support expenditures.
(3) An evaluation of existing programs and projects to determine
if funding could be redirected to the Delta Plan, including, but not
limited to, funding previously directed at the CALFED Bay Delta
Program.
(4) A definition of public and private benefits.
(5) An analysis and description of the basis for allocating
program and project costs among private and public entities.
(6) An enforceable mechanism that ensures that fees, contractual
payments, cost-share agreements, and contributions are expended as
intended, and not diverted to other purposes.
(c) The finance plan shall recognize and reflect the broad public
benefit to the state and nation of restoring and enhancing the Delta
ecosystem.
(d) The finance plan shall identify and evaluate, pursuant to the
beneficiary pays principle, the benefits to, and negative impacts
caused by, all entities, including, but not limited to, all of the
following:
(1) The public.
(2) Urban and agricultural water users exporting water
from the Delta and the Delta watershed diverting water
from the Delta for use outside of the Delta , including, but
not limited to, the state and federal water contractors.
(3) Urban and agricultural water users diverting water from the
Delta tributaries for use outside of the Delta watershed.
(3)
(4) Urban and agricultural water users diverting water
for use within the Delta and the Delta watershed.
(4)
(5) Delta interests benefitting from flood protection.
(5)
(6) Delta recreational interests.
(6)
(7) Dischargers into the Delta and the Delta watershed,
including, but not limited to, wastewater dischargers and sources of
invasive species.
(7)
(8) Commercial fishing interests within and outside of
the Delta.
(8)
(9) Other interests with infrastructure or operations
in the Delta, including business and transportation entities.
(e) The finance plan shall recognize that mitigation costs for
projects included in the Delta Plan are the responsibility of the
project beneficiaries.
(e)
(f) The finance plan shall allocate costs based on the
beneficiary pays principle and pursuant to the analysis required in
subdivision (d). Financing proposals to pay for public benefits or
impacts shall include, but not be limited to, new and existing state
and federal funding including proceeds from the sale of bonds.
Financing proposals to pay for private benefits or negative impacts
shall include, but not be limited to, new and existing fees,
contractual payments, and cost-share agreements. To the extent
existing fees, contractual payments, cost-share agreements, and other
contributions, support programs and projects included in the Delta
Plan, the finance plan developed by the council shall identify which
of these existing contributions are eligible to be credited against
future funding requirements. The council shall develop a baseline for
the purposes of determining credit.
(f)
(g) The council shall review the finance plan at least
once every five years and update the plan as the council deems
appropriate.
(g)
(h) The council shall not adopt new fees pursuant to
this section unless a statute is enacted that authorizes the council
to adopt a fee pursuant to this section.
SEC. 4. Section 85216 is added to the Water Code, to read:
85216. (a) Prior to the establishment or collection of a
long-term revenue source pursuant to Section 85215, the council may
seek to obtain early funding contributions from groups that may
benefit from the implementation of the Delta Plan, for purposes of
funding the council's planning and administrative activities related
to the preparation of the Delta Plan.
(b) The council shall track early funding contributions and shall
provide credit for those contributions against future funding
requirements.
