Report 2018-120 Recommendation 17 Responses
Report 2018-120: San Francisco Bay Conservation and Development Commission: Its Failure to Perform Key Responsibilities Has Allowed Ongoing Harm to the San Francisco Bay (Release Date: May 2019)
Recommendation #17 To: San Francisco Bay Conservation and Development Commission
To ensure that it uses the abatement fund for the physical cleanup of the Bay, the commission should create a policy by January 2020 identifying the minimum amounts it will disburse and prioritizing the projects that it will support through disbursements to the appropriate entities.
Annual Follow-Up Agency Response From November 2022
Will not implement. BCDC's new Compliance Program now being started includes two new authorized positions that are funded through the Bay Fill Fund. As such, BCDC will not consider using the Bay Fill Fund for any other purpose at this point to ensure that the Fund holds sufficient funding to pay for those two positions over the long-term.
California State Auditor's Assessment of Annual Follow-Up Status: Will Not Implement
It is unfortunate that the commission has deviated from the planned course it presented in its 2021 response to this recommendation. In October 2021, the commission indicated that it had begun a process to discuss how the Bay Fill Clean-up and Abatement Fund would be used to remove fill in the Bay, perform cleanup actions, and enhance bay resources. Instead the commission has elected to use these funds to support staffing.
Annual Follow-Up Agency Response From October 2021
Based on the new FY21-22 General Fund allocation to support BCDC's enforcement staff, the Commission began a process in fall 2021 to discuss how the Bay Fill Clean-up and Abatement Fund will be used to remove fill in the Bay, perform cleanup actions, and enhance Bay resources. On October 7, 2021, the Commission held a public hearing and began the process of determining the process for disbursements to the appropriate entities.
- Estimated Completion Date: October 2021
California State Auditor's Assessment of Annual Follow-Up Status: Pending
We look forward to reviewing the Commission's completed plan for disbursements from the Bay Fill Clean-up and Abatement Fund.
Annual Follow-Up Agency Response From October 2021
Based on the new FY21-22 General Fund allocation to support BCDC's enforcement staff, the Commission began a process in fall 2021 to discuss how the Bay Fill Clean-up and Abatement Fund will be used to remove fill in the Bay, perform cleanup actions, and enhance Bay resources. On October 7, 2021, the Commission held a public hearing and began the process of determining the process for disbursements to the appropriate entities.
- Estimated Completion Date: October 2021
California State Auditor's Assessment of Annual Follow-Up Status: Pending
Commission staff are planning initial priorities for their use of the Bay Fill Clean Up and Abatement Fund outside of enforcement staffing, and intend to present options to the Commission in 2022. Further, the Commission is working to obtain a grant and create a multi-agency task force to remove the derelict tug boat Polaris, which we identified in our report, from the bay.
1-Year Agency Response
The Commission will not determine whether and how the Bay Fill Clean-Up and Abatement Fund will be used for this purpose until other funds are made available to BCDC that it can use to replace the Bay Fill funds it now uses for enforcement staff salaries. Clearly, this has been further complicated by anticipated state budget deficits in light of the COVID-19 emergency.
- Estimated Completion Date:
- Response Date: May 2020
California State Auditor's Assessment of 1-Year Status: Will Not Implement
State law explicitly states that the Commission may only utilize the Bay Fill Clean-up and Abatement Fund for the purposes of removing fill, resource enhancement, or performing any other remedial cleanup or abatement actions within the commission's jurisdiction. We are disappointed that the commission is not choosing to create a policy that ensures the implementation of state law, and protection of the Bay. The proposed fiscal year 2020-21 revision to the State budget increased the Commission's General Fund budget by more than 8 percent, with no proposed reductions in funding. We remind the Commission that this fund was established in 1982, however it has never created a policy to govern its use.
6-Month Agency Response
The Commission has not determined whether and how the Bay Fill Clean-Up and Abatement Fund will be used for this purpose. This is dependent upon availability of other funds to ensure that BCDC can have a robust enforcement program and carry out the other recommendations of the Audit.
- Estimated Completion Date: 2021
- Response Date: November 2019
California State Auditor's Assessment of 6-Month Status: Pending
60-Day Agency Response
The Commission has not determined whether the Bay Fill Clean-Up and Abatement Fund will be used for this purpose. This depends upon availability of other funds to ensure that BCDC can have a robust enforcement program and carry out the other recommendations of the Audit.
- Estimated Completion Date: 07/01/2020
- Response Date: July 2019
California State Auditor's Assessment of 60-Day Status: No Action Taken
All Recommendations in 2018-120
Agency responses received are posted verbatim.