Summary of LAO Findings and Recommendations on the 2010-11 Budget

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See Detail  Department of Conservation May Revision Request for Additional $3.2 Million and 17 Positions to Enhance Underground Injection Control Regulatory Program Deny the request as proposed and instead appropriate, on a one-time basis, an add'l $2m from the Oil, Gas, and Geothermal Administrative Fund for the Underground Injection Control program, with no new position authority. Adopt budget bill language: (1) specifying how the $2m is to be used in the budget year, and (2) directing the administration to submit, with the Governor's 2011-12 budget, a budget request and workplan to implement the redesigned program to address identified deficiencies. 5-20-10
See Detail  California Alternative Energy and Advanced Transportation Financing Authority May Revision Budget Request for General Fund Loan for New Program Start-Up Costs Due to the current fiscal stress on the General Fund, we recommend an alternative funding source--the Renewable Resource Trust Fund--to make the loan for the initial start-up costs to implement Chapter 10, Statutes of 2010 (SB 71, Padilla). 5-18-10
See Detail  Department of Parks and Recreation General Fund Savings Opportunities in State Parks Retain previously adopted funding reductions for state parks and reject the Governor's proposal to fund state parks from the General Fund at the 2008-09 level ($140 million). This recommendation will result in $22 million in General Fund savings compared with the Governor's May Revision proposal. Given the state's fiscal situation, the Legislature should examine further opportunities for General Fund savings from the budget for state parks. 5-18-10
See Detail  Energy Resources Conservation and Development Commission May Revision Request to Establish the Clean and Renewable Energy Business Financing Revolving Loan Fund We recommend that the Legislature adopt budget bill language tied to the commission's federal funds appropriation to provide that expenditures for the new Clean and Renewable Energy Business Financing Program are conditioned on enactment of legislation establishing the new revolving loan fund. 5-18-10
See Detail  Public Utilities Commission January Budget Proposal for 3 Positions at Public Utilities Commission to Support Procurement of Advanced Energy Storage (AES). We find it is first necessary to determine the technological feasibility to which AES can play a role in California’s energy mix. This analysis is currently underway at the CAISO and CEC. Until such work is complete, we find the CPUC budget proposal premature. The budget proposal is also premature pending enactment of legislation that provides the Legislature's policy direction in this area. We therefore recommend denying CPUC’s budget request for AES activity in the budget year. 5-18-10
See Detail  2010 Water Bond Implementation May Revision Proposal to Appropriate Funds From 2010 Water Bond for Immediate Implementation Deny majority of administration’s proposal to appropriate $1.1 billion for multiple programs in 2010-11, approving funding only for planning purposes and one specific project named in budget proposal (Red Bluff Diversion Dam). Require the administration to return in January with a complete multi-year bond expenditure implementation plan and detailed program expenditure criteria. 5-17-10
See Detail  Department of Fish and Game General Fund Expenditure Reduction (Multiple Programs) Given the state’s General Fund (GF) situation, approve Governor’s May Revision proposal to reduce GF by $5 million for Marine Life Protection Act, timber harvest plan review, fisheries restoration and CALFED Ecosystem Restoration program. (See narrative below.) 5-17-10
State Water Resources Control Board Fund Shift in Basin Planning Program Recommend adoption of the Governor's May Revision proposal to shift $6.1 million of funding for basin planning from the General Fund to the Waste Discharge Permit Fund (a special fund), including related statutory change to allow this. This proposal is consistent with the longstanding LAO recommendation to shift funding for regulatory-related activities at the water boards to fees where appropriate. 5-17-10
See Detail  Department of Parks and Recreation Proposed Concession Agreement for Point Lobos Ranch State Park. Recommend the Legislature withhold approval of the Point Lobos Ranch concession proposal until the Department of Parks and Recreation has provided a final economic feasibility study. 5-05-10
See Detail  Air Resources Board Implementation of AB 32---Global Warming Solutions Act of 2006 We find that the state's AB 32 activities will be shifting from the development of plans and regulations to program implementation and enforcement. We recommend that the Legislature: (1) take action to ensure that sufficient resources are devoted to the economic analysis of AB 32 measures and (2) direct ARB to provide a justification for the whole AB 32 program budget when the Governor's 2011-12 budget is submitted. 4-14-10
See Detail  Department of Resources Recycling and Recovery Funding and Policy Options for the Beverage Container Recycling Program We recommend that the Legislature: (1) adopt certain of the Governor’s policy proposals affecting program expenditures, (2) act in general to protect the level of payments to recyclers (the core of the program), (3) wait until the May Revision update of the Beverage Container Recycling Fund fund condition before making additional budget-related changes to the program, and (4) consider long-term changes to the program in the legislative policy process. 3-19-10
See Detail  Department of Resources Recycling and Recovery Overview of the Integrated Waste Management Account 3-19-10
See Detail  Department of Toxic Substances Control Implementation of the "Green Chemistry" Initiative We recommend that the Legislature direct the administration to return with a funding proposal for the implementation of green chemistry regulations beyond January 2011 during the May Revision process. 3-19-10
See Detail  Crosscutting Background to Governor's Budget Proposal Background information and a summary of the Governor's budget proposal for resources and environmental protection programs can be found in our March 8, 2010 budget analysis publication, using the link provided below. 3-08-10
See Detail  Department of Forestry and Fire Protection Governor's ERI and LAO's Fee Alternative Our analysis of this issue can be found in our March 8, 2010 budget analysis publication, using the link provided below. 3-08-10
See Detail  Department of Forestry and Fire Protection Improving Legislative Oversight of CalFire's Fire Protection Budget Our analysis of this issue can be found in our March 8, 2010 budget analysis publication, using the link provided below. 3-08-10
See Detail  Department of Water Resources Improving Accountability for DWR's Bond Spending Our analysis of this issue can be found in our write-up--"A Framework for Evaluating Resources Bond Spending"--found in our March 8, 2010 budget analysis publication, using the link provided below. 3-08-10
See Detail  Department of Water Resources The Davis-Dolwig Act--Fundamental Reform Still Needed Our analysis of this issue can be found in our March 8, 2010 budget analysis publication, using the link provided below. 3-08-10
See Detail  Department of Water Resources Flood Emergency Fund Proposal Problematic on Many Fronts Our analysis of this issue can be found in our March 8, 2010 budget analysis publication, using the link provided below. 3-08-10
See Detail  Energy Resources Conservation and Development Commission Fee Structure for Power Plant Siting Program Should Be Revised Our analysis of this issue can be found in our March 8, 2010 budget analysis publication, using the link provided below. 3-08-10
See Detail  Renewable Energy Programs Renewable Energy Requirements: Administration Circumventing Legislature's Authority Our analysis of this issue can be found in our March 8, 2010 budget analysis publication, using the link provided below. 3-08-10
See Detail  State Lands Commission Tranquillon Ridge Project Merits Legislative Authorization Our analysis of this issue can be found in our March 8, 2010 budget analysis publication, using the link provided below. 3-08-10
Wildlife Conservation Board Funding for San Joaquin River Conservation (Proposition 40) The Legislature should withhold its approval of this reappropriation ($11.6 million Proposition 40 bond funds) for San Joaquin River conservation, pending demonstration by the board and the conservancy why appropriating this funding would result in physical projects. (The board has only spent 3 percent [for administration] in 6 years since original $12 million appropriation.) 3-08-10
Wildlife Conservation Board Funding for San Joaquin River Conservation (Proposition 84) The Legislature should withhold its approval of this reappopriation ($11 million Proposition 84 bond funds) for San Joaquin River conservation, pending demonstration by the board and conservancy why appropriating this funding would result in physical projects. (The board has not spent any of the original $11 million appropriation from 2007.) 3-08-10
Wildlife Conservation Board Funding for Rangeland Grazing and Grassland Protection (Proposition 84) The Legislature should withhold its approval of this reappropriation ($12 million Proposition 84 bond funds) for rangeland, grazing, and grassland protection activities, pending demonstration by the board why reappropriating this funding would result in physical projects. (The board has only spent 15 percent in the 3 years since original $14.3 million appropriation.) 3-08-10
Wildlife Conservation Board Funding for Oak Woodlands Conservation Programs (Proposition 84) The Legislature should withhold its approval of this reappropriation ($13 million Proposition 84 bond funds) for oak woodlands conservation programs, pending demonstration by the board why appropriating this funding would result in physical projects. (The board has spent only 9 percent in the 3 years since original $14.3 million appropriation.) 3-08-10
See Detail  Delta Water Issues Implementation of the New Legislative Water Package An overview of the administration's implementation of the new legislative water package, including a summary of the legislation and the Governor's budget proposals, as well as issues for legislative consideration and recommendations. 3-05-10
See Detail  Crosscutting A Framework for Evaluating Resources Bond Spending We recommend that the Legislature provide extra scrutiny in its evaluation of bond spending proposals, given the state's current fiscal environment. In the narrative below, we update the current status of various resources bond funds, and provide a framework for legislative evaluation of the Governor's bond spending proposals for the budget year. We think that the Legislature should determine its priorities among bond appropriations it approves, and direct the administration accordingly. 3-03-10
See Detail  Department of Fish and Game State Funding for Marine Life Protection Act (MLPA) Implementation Recommend suspension of state support ($4.4 million General Fund and $400,000 special funds) for this recent public-private partnership initiative (2004) to help the state implement the Marine Life Protection Act. (see narrative below). 3-03-10
Department of Fish and Game Funding for CESA Review Recommend elimination of General Fund support of $2.5 million for CESA review. Legislation gives the department authority to collect fees for its review. A corresponding increase to the department’s fee authority would be necessary. 3-03-10
See Detail  Department of Fish and Game Delta-Related Staffing Request Recommend rejection of 5.2 new positions ($1 million) for department’s Bay Delta Conservation Plan work and development of Delta flow Criteria. (See narrative below.) 3-03-10
Department of Parks and Recreation Proposed Concession Agreements for Oceano Dunes State Vehicular Recreation Area. Recommend approval of five related agreements for off-highway vehicle concessions at Oceano Dunes State Vehicular Recreation Area. (The Legislature is required to review and approve any proposal or amended concession contract that involves total investment or annual gross sales over $500,000. In past years, the Legislature has provided the required approvals in the Supplemental Report of the Budget Act.) 3-02-10
See Detail  Crosscutting Governor's resources-related special session proposals. The Governor has three major special session proposals in the resources area that have substantial General Fund implications, both positively and negatively, and that each involve significant policy choices for the Legislature. The Governor also proposes changes to the California Environmental Quality Act (CEQA) as part of his "Jobs Package." 1-23-10
See Detail  Department of Forestry and Fire Protection Governor's proposed emergency response initiative. Reject proposed surcharge on property insurance policies statewide as a funding mechanism for the state's wildland fire protection and other emergency response activities. Delay decisions on proposed program expansions until later budget year when they would take effect. We offer an alternative fee proposal to partially fund CalFire's wildland fire protection services. 1-23-10
See Detail  Department of Parks and Recreation Governor's proposal to fund state parks with Tranquillon Ridge oil and gas lease revenues. Legislature should evaluate Tranquillon Ridge project on its merits, rather than as an opportunity to fund state parks. On balance, the project merits legislative approval. If the Legislature approves the project, it should maintain flexibility in the potential use of revenues, instead of dedicating the revenues for state park purposes. 1-22-10
See Detail  Department of Resources Recycling and Recovery Beverage container recycling program--Governor's special session proposals We recommend that the Legislature act on three current-year issues during the special session: (1) adopt proposed statutory change to accelerate submittal by beverage distributors of CRV revenues into the fund; (2) prevent proposed early repayment by General Fund of loans made from fund; (3) make statutory change to restructure payments out of the fund to make recyclers "whole" (that is provide full payments for 2009-10), directing remaining funds to legislative priorities. 1-22-10