BILL NUMBER: SB 277 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 11, 2003
PASSED THE ASSEMBLY SEPTEMBER 9, 2003
AMENDED IN ASSEMBLY SEPTEMBER 9, 2003
AMENDED IN ASSEMBLY SEPTEMBER 5, 2003
AMENDED IN SENATE APRIL 29, 2003
AMENDED IN SENATE APRIL 9, 2003
INTRODUCED BY Senator Ducheny
(Principal coauthors: Senators Kuehl and Machado)
(Principal coauthor: Assembly Member Kehoe)
(Coauthors: Senators Alpert, Battin, and Escutia)
(Coauthors: Assembly Members Benoit, Berg, Canciamilla, Corbett,
Garcia, Shirley Horton, Lowenthal, Pavley, Plescia, Spitzer, Vargas,
and Wolk)
FEBRUARY 18, 2003
An act to add Chapter 13 (commencing with Section 2930) to
Division 3 of the Fish and Game Code, and to amend Section 9 of
Chapter 617 of the Statutes of 2002, relating to water, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 277, Ducheny. Water: Salton Sea.
(1) Under existing law, various agencies carry out
responsibilities relating to the Salton Sea.
This bill would enact the Salton Sea Restoration Act. The bill
would establish the Salton Sea Restoration Fund and would require the
fund to be administered by the Director of Fish and Game. The bill
would require the money deposited in the fund to be expended, upon
appropriation by the Legislature, for various purposes relating to
the restoration of the Salton Sea. The bill would authorize the
Department of Water Resources to contract with water suppliers to
purchase and sell water made available by specified means to achieve
the goals of the act.
(2) Existing law requires the Resources Agency and the Technology,
Trade, and Commerce Agency, in consultation with others, to review
and report to the Governor and the Legislature, on or before June 30,
2003, on the nature and extent of any economic impacts related to
the use of land fallowing in the Imperial Valley in connection with
the Quantification Settlement Agreement, measures taken by the
Imperial Irrigation District in formulating a fallowing program to
minimize those economic impacts, whether the provision of certain
funds would minimize those economic impacts, and the amount of
additional funds required to mitigate those economic impacts.
Existing law requires the report to include recommendations to the
Governor and the Legislature, if the report indicates that additional
funds are required, relating to the formulation of a program to
administer those funds and requires that program to be developed in
consultation with certain agencies.
This bill, instead, would require the Department of Food and
Agriculture, if funds are appropriated for this purpose, and in
consultation with others, to prepare that report. The bill would
revise the list of agencies to be consulted for purposes of
formulating that program.
(3) Existing law continuously appropriates money in the Fish and
Game Preservation Fund to the department and the Fish and Game
Commission to pay all necessary expenses incurred in carrying out the
Fish and Game Code and other state laws.
By imposing new duties on the department, the bill would make an
appropriation.
(4) The bill would become operative only if SB 654 and SB 317 are
both chaptered and become effective on or before January 1, 2004.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 13 (commencing with Section 2930) is added to
Division 3 of the Fish and Game Code, to read:
CHAPTER 13. SALTON SEA RESTORATION ACT
2930. This chapter shall be known and may be cited as the Salton
Sea Restoration Act.
2931. (a) It is the intent of the Legislature that the State of
California undertake the restoration of the Salton Sea ecosystem and
the permanent protection of the wildlife dependent on that ecosystem.
(b) This restoration shall be based on the preferred alternative
developed as a result of the restoration study and alternative
selection process described in Section 2081.7 and using the funds
made available in accordance with that section to be deposited in the
Salton Sea Restoration Fund and other funds made available by the
Legislature and the federal government.
(c) The preferred alternative shall provide the maximum feasible
attainment of the following objectives:
(1) Restoration of long-term stable aquatic and shoreline habitat
for the historic levels and diversity of fish and wildlife that
depend on the Salton Sea.
(2) Elimination of air quality impacts from the restoration
projects.
(3) Protection of water quality.
2932. There is hereby established the Salton Sea Restoration Fund
which shall be administered by the director. Money deposited in the
fund shall be expended, upon appropriation by the Legislature, for
the following purposes:
(a) Environmental and engineering studies related to the
restoration of the Salton Sea and the protection of fish and wildlife
dependent on the sea.
(b) Implementation of conservation measures necessary to protect
the fish and wildlife species dependent on the Salton Sea, including
adaptive management measurements pursuant to Section 2081.7. These
conservation measures shall be limited to the Salton Sea and lower
Colorado River ecosystems, including the Colorado River Delta.
(c) Implementation of the preferred Salton Sea restoration
alternative.
(d) Administrative, technical, and public outreach costs related
to the development and selection of the preferred Salton Sea
restoration alternative.
2933. The Department of Water Resources may contract with water
suppliers to purchase and sell water made available pursuant to
Section 1745.02 of the Water Code to achieve the goals of this
chapter.
SEC. 2. Section 9 of Chapter 617 of the Statutes of 2002 is
amended to read:
Sec. 9. (a) The Department of Food and Agriculture, if funds are
appropriated for this purpose, and in consultation with the Imperial
Irrigation District, Imperial County, and any other entities,
organizations, and individuals deemed appropriate by the Secretary
of Food and Agriculture, shall review and report to the Governor and
the Legislature, on or before June 30, 2005, on all of the
following:
(1) The expected nature and extent of any economic impacts related
to the use of land fallowing in the Imperial Valley in connection
with the Quantification Settlement Agreement, as defined in
subdivision (a) of Section 1.
(2) Measures taken by the Imperial Irrigation District in
formulating a fallowing program to minimize as far as practicable
those economic impacts.
(3) Whether and to what extent funds provided to the Imperial
Irrigation District for transferred water under the Quantification
Settlement Agreement, together with any other funds that have been
made available for these purposes would mitigate those economic
impacts.
(4) The amount of any additional funds required to mitigate the
economic impacts.
(b) If the report required under this section indicates that
additional funds are required, the report shall include
recommendations to the Governor and the Legislature on all of the
following:
(1) Proposed means for providing those additional funds,
including, but not limited to, funding by the state.
(2) Formulation of a program to administer those funds in the most
effective manner. The program shall be developed in consultation
with the Department of Finance, the Resources Agency, the Employment
Development Department, the Imperial Irrigation District, Imperial
Valley area governments, and any other entities deemed appropriate by
the Secretary of Food and Agriculture.
SEC. 3. This act shall become operative only if SB 654 and SB 317
of the 2003-04 Regular Session are both chaptered and become
effective on or before January 1, 2004.