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AB-987 Water Quality, Supply, and Infrastructure Improvement Act of 2014.(2017-2018)

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Date Published: 09/08/2017 09:00 PM
AB987:v98#DOCUMENT

Amended  IN  Senate  September 08, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 987


Introduced by Assembly Member Cristina Garcia Calderon
(Principal coauthor: Assembly Member Cristina Garcia)
(Principal coauthor: Senator Hernandez)

February 16, 2017


An act to amend Section 19817 of the Business and Professions Code, relating to gaming. An act to amend Section 79786 of the Water Code, relating to the Water Quality, Supply, and Infrastructure Improvement Act of 2014.


LEGISLATIVE COUNSEL'S DIGEST


AB 987, as amended, Cristina Garcia Calderon. Gaming Policy Advisory Committee. Water Quality, Supply, and Infrastructure Improvement Act of 2014.
Existing law, the Water Quality, Supply, and Infrastructure Improvement Act of 2014, approved by the voters as Proposition 1 at the November 4, 2014, statewide general election, authorizes the issuance of general obligation bonds in the amount of $7,545,000,000 to finance a water quality, supply, and infrastructure improvement program. Proposition 1 authorizes the sum of $900,000,000 to be available, upon appropriation by the Legislature, for expenditures on, and competitive grants and loans for, projects to prevent or clean up the contamination of groundwater that serves or has served as a source of drinking water. Proposition 1 further specifies that $80,000,000 of those moneys may be used for grants for treatment and remediation activities that prevent or reduce contamination of groundwater that serves or has served as a source of drinking water, and that $100,000,000 of those moneys may be used for grants for the development and implementation of groundwater plans and projects in accordance with specified requirements.
Existing law, the State General Obligation Bond Law (GO Bond Law), requires that the proceeds from the sale of any bonds issued pursuant to a bond act that incorporates the provisions of the GO Bond Law be used for specified purposes, including the costs of construction or acquisition of capital assets. Proposition 1 generally requires that any bonds prepared, executed, issued, sold, paid, and redeemed comply with the requirements of the GO Bond Law, except Proposition 1 provides that the capital asset requirement does not apply to bonds issued pursuant to that act to the extent that Proposition 1 authorizes bonds to be sold for a purpose that conflicts with the capital asset requirement.
This bill would clarify that a conflict exists for purposes of that exception if any provision of this division authorizes, either expressly or by necessary implication, a project or program that would not result in the creation of a capital asset, including projects described above relating to prevention, cleanup, treatment, or remediation of contaminated groundwater, as well as to the development and implementation of groundwater plans and projects.

Existing law, the Gambling Control Act, provides for the licensure and regulation of various legalized gambling activities and establishments by the California Gambling Control Commission and the investigation and enforcement of those activities and establishments by the Department of Justice. Existing law requires the commission to establish a 10-member Gaming Policy Advisory Committee for the purpose of discussing matters of controlled gambling regulatory policy and other relevant gambling-related issues. The committee is composed of representatives of controlled gambling licensees and members of the general public in equal numbers.

This bill would increase the membership of the committee from 10 to 12 members, and would instead require the committee to be composed of 5 representatives of controlled gambling licensees, 5 members of the general public, and 2 representatives from the Department of Justice.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 79786 of the Water Code is amended to read:

79786.
 (a)  The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), and all of the provisions of that law, as that law may be amended, apply to the bonds and to this division, except that the capital asset requirement in subdivisions (a) and (b) of Section 16727 of the Government Code does not apply to the extent that those subdivisions conflict with any other provision of this division.
(b) A conflict exists for purpose of subdivision (a) if any provision of this division authorizes, either expressly or by necessary implication, a project or program that would not result in the creation of a capital asset, including projects or programs to prevent or clean up the contamination of groundwater that serves or has served as a source of drinking water described in Chapter 10 (commencing with section 79770), as well as projects or programs described in Section 79775. In addition, projects or programs described in Section 79772 are in conflict with the capital asset requirement described in subdivision (a), and therefore the capital asset requirement does not apply to those projects or programs.

SEC. 2.

 The amendment of Section 79786 of the Water Code made by this act does not constitute a change in, but is declaratory of, existing law. Therefore, the Legislature finds and declares that the amendments made by this act apply retroactively to any bonds issued and sold before the operative date of this act.
SECTION 1.Section 19817 of the Business and Professions Code is amended to read:
19817.

The commission shall establish and appoint a Gaming Policy Advisory Committee of 12 members. The committee shall be composed of five representatives of controlled gambling licensees, five members of the general public, and two members from the department. The executive director shall, from time to time, convene the committee for the purpose of discussing matters of controlled gambling regulatory policy and any other relevant gambling-related issue. The recommendations concerning gambling policy made by the committee shall be presented to the commission, but shall be deemed advisory and not binding on the commission in the performance of its duties or functions. The committee may not advise the commission on Indian gaming.