Bill Text: CA AB2711 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Oil and gas: loan to City of Hermosa Beach.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-08-26 - Ordered to inactive file at the request of Assembly Member Muratsuchi. [AB2711 Detail]

Download: California-2013-AB2711-Amended.html

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BILL NUMBER: AB 2711	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 21, 2014
	AMENDED IN ASSEMBLY  MARCH 28, 2014

INTRODUCED BY   Assembly Member Muratsuchi

                        FEBRUARY 21, 2014

    An act to add Section 25525.5 to the Public Resources
Code, relating to energy.   An act relating to oil and
gas, and making an appropriation therefor. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2711, as amended, Muratsuchi.  Energy: thermal
powerplants: certification: sea level rise.   Oil and
gas: loan to City of Hermosa Beach.  
   Existing law requires the State Lands Commission to deposit in the
General Fund all revenues, moneys, and remittances received by the
commission, with certain exceptions. Existing law requires that the
moneys be used for specified purposes, including refunds, commission
expenses, and specified payments to cities and counties.  
   This bill would appropriate $17,500,000 from the General Fund,
from certain oil and gas revenues deposited by the commission, to the
Controller for a loan to the City of Hermosa Beach, to be made if
the city is obligated to make payment pursuant to a specified
settlement agreement. The bill would require the State Board of
Equalization, if the city fails to make any payment on the loan when
due and upon the order of the Controller, to deduct the amount of the
payment from the sales and use taxes to be paid to the city. The
bill would also require the Controller to deposit moneys received in
repayment of the loan into the State Coastal Conservancy Fund to be
used, upon appropriation, by the State Coastal Conservancy for
expenses related to the conservancy's Climate Ready Program. 

   Existing law vests the State Energy Resources Conservation and
Development Commission with the exclusive jurisdiction to certify
sites for thermal powerplants with a generation capacity of 50 or
more megawatts and related facilities. Existing law requires the
commission to make certain findings before issuing a certification
for the site.  
   This bill would require the commission to consider, during the
certification process, the effects of sea level rise in the context
of protecting the proposed site and related facility from damage
caused by sea level rise. 
   Vote:  majority   2/3  . Appropriation:
 no   yes  . Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    (a) The sum of seventeen million five
hundred thousand dollars ($17,500,000) is hereby appropriated from
the General Fund, from the oil and dry gas revenues paid to the state
during the 2014-15 fiscal year and deposited in the General Fund
pursuant to Section 6217 of the Public Resources Code, to the
Controller for purposes of this act. The Controller shall, upon
agreement with the City of Hermosa Beach, loan that sum, or a portion
thereof, to the city if the city is obligated to make payment
pursuant to Section IV.4.6.c of "The Settlement Agreement and Release"
entered into on March 2, 2012, between Macpherson Oil Company,
Windward Associates, E&B Natural Resources Management Corporation,
and the City of Hermosa Beach.  
   (b) A loan to the City of Hermosa Beach pursuant to subdivision
(a) shall be subject to the following terms:  
   (1) The city shall annually pay to the Controller, prior to June
30 of each year, not less than five hundred thousand dollars
($500,000) until the loan is paid in full.  
   (2) If the City of Hermosa Beach fails to make any payment when
due pursuant to paragraph (1) for any reason, the State Board of
Equalization, upon the order of the Controller, shall deduct the
amount of that payment from the sales and use taxes to be paid to the
city thereafter pursuant to Section 7204 of the Revenue and Taxation
Code and shall pay the amount so deducted to the Controller. 

   (c) The Controller shall deposit all payments received pursuant to
subdivision (b) into the State Coastal Conservancy Fund to be used,
upon appropriation, by the State Coastal Conservancy for expenses
related to the conservancy's Climate Ready Program, authorized
pursuant to Section 31113 of the Public Resources Code. 

  SECTION 1.    Section 25525.5 is added to the
Public Resources Code, to read:
   25525.5.  In the issuance of a certification pursuant to this
chapter, the commission shall consider the effects of sea level rise
in the context of protecting the proposed site and related facility
from potential damage caused by sea level rise, such as storm surges
and flooding. In assessing the sea level rise, the commission may
rely on floodplain maps published by the Department of Water
Resources.