BILL NUMBER: SB 1256 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Ducheny
FEBRUARY 15, 2008
An act to add Division 14 (commencing with Section 16600) to the
Fish and Game Code, relating to the Salton Sea Restoration Council.
LEGISLATIVE COUNSEL'S DIGEST
SB 1256, as introduced, Ducheny. Salton Sea Restoration Council.
(1) Existing law requires the Secretary of the Resources Agency,
in consultation with the Department of Fish and Game, the Department
of Water Resources, the Salton Sea Authority, appropriate air quality
districts, and a specified advisory committee, to undertake a
restoration study to determine a preferred alternative for the
restoration of the Salton Sea ecosystem and the protection of
wildlife dependent on that ecosystem. Existing law establishes the
Salton Sea Restoration Fund, which is administered by the Director of
Fish and Game, and requires the moneys in that fund to be expended,
upon appropriation by the Legislature, for various actions on behalf
of the Salton Sea, including the implementation of the preferred
Salton Sea restoration alternative.
This bill would establish the Salton Sea Restoration Council as a
state agency in the Resources Agency to implement certain preferred
alternative activities set forth in the agency's Salton Sea Ecosystem
Restoration Program, to develop and implement, or finance,
additional pilot or demonstration projects to improve water quality
at the Salton Sea, to restore the Salton Sea ecosystem, and to take
other actions on behalf of the sea.
The bill would prescribe requirements relating to the composition
and administration of the council. The council would be required to
include an executive committee, a science committee, a local
government forum, and a stakeholder forum, as specified. By requiring
certain local public agencies to serve on the executive committee of
the council, the bill would impose a state-mandated local program.
The Board of Directors of the Salton Sea Authority would be
responsible for certain duties relating to the government forum. By
establishing duties on the authority, which is a joint powers agency
that is composed of local public agencies, the bill would impose a
state-mandated local program.
The Secretary of the Resources Agency would have final
decisionmaking authority with regard to the administration of the
council. The executive committee would be required to serve as the
governing body of the council, and would be required to manage
project development and implementation on behalf of the restoration
program. The Department of Fish and Game would be required to provide
staff services that the council requires to carry out its activities
and to enter into interagency agreements with the Department of
Water Resources and other agencies to provide appropriate levels of
staffing from existing resources of the state.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Division 14 (commencing with Section 16600) is added to
the Fish and Game Code, to read:
DIVISION 14. Salton Sea Restoration Council
16600. The Legislature finds and declares all of the following:
(a) The Salton Sea is California's largest inland water body with
beneficial uses that include fisheries and wildlife habitat,
preservation of endangered species, and a repository for agricultural
drainage.
(b) The Salton Sea ecosystem is a critical link on the
international Pacific Flyway and supports over 400 species of birds.
(c) The Salton Sea is threatened by increasing salinity and
reduced inflows. These changes increasingly threaten unparalleled
wildlife resources at the sea, as well as air quality in the region.
(d) In cooperation with local governments, nonprofit
organizations, private business, and the public, the Salton Sea
Restoration Council can help protect wildlife habitats and endangered
species, improve water and air quality, and enhance recreational
opportunities in the region.
16601. Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this division.
(a) "Agency" means the Resources Agency.
(b) "Council" means the Salton Sea Restoration Council.
(c) "Final PEIR" means the Resources Agency's Salton Sea Ecosystem
Restoration Program Final Programmatic Environmental Impact Report,
dated May 2007.
(d) "Salton Sea watershed" means the geographic boundaries of the
Salton Sea basin, defined as the United States Geologic Survey
Hydrologic Unit 18100200 ("Salton Sea").
(e) "Sea" means the Salton Sea.
(f) "Secretary" means the Secretary of the Resources Agency.
(g) "Upper Basin" refers to the four Colorado River states of the
Upper Division, namely, Colorado, New Mexico, Utah, and Wyoming.
16602. There is in the Resources Agency the Salton Sea
Restoration Council, which is established as a state agency to carry
out, to the maximum extent feasible, all of the following, working in
collaboration with local governments and interested parties:
(a) Implement each of the agency's Salton Sea Ecosystem
Restoration Program Preferred Alternative "Period I" activities, as
described in Chapter 3 of Volume I of the Final PEIR, to the extent
that these activities have not already been completed by other
entities.
(b) Develop and implement or finance additional pilot or
demonstration projects to assess the efficacy of methods to improve
water quality at the Salton Sea, including, but not limited to, both
of the following:
(1) Controlled eutrophication projects.
(2) Upper Basin selenium reduction projects.
(c) Restore the Salton Sea ecosystem.
(d) Permanently protect the fish and wildlife dependent on the
Salton Sea ecosystem.
(e) Restore the long-term stable aquatic and shoreline habitat to
achieve the historic levels and the diversity of fish and wildlife
that depend on the Salton Sea.
(f) Eliminate air quality impacts from the restoration projects.
(g) Protect water quality.
(h) Maintain the sea as a vital link along the international
Pacific Flyway.
(i) Preserve local tribal heritage and cultural values associated
with the sea.
(j) Eliminate noxious odors and other water and air quality
problems.
(k) Implement the agency's Salton Sea Ecosystem Restoration
Program Preferred Alternative, as revised, working in collaboration
with local governments and interested parties to address funding
constraints and other related matters.
16603. The council shall also carry out both of the following
actions, to the extent these actions are compatible with the actions
described in Section 16002:
(a) Implement project components that promote the sea as a tourist
destination and recreational area.
(b) Promote economic development associated with the restoration
plan.
16604. (a) The council shall consist of the following groups:
(1) An executive committee.
(2) A science committee.
(3) A local government forum.
(4) A stakeholder forum.
(b) The executive committee shall consist of 14 voting members and
seven nonvoting members, appointed or designated as follows:
(1) The 14 voting members of the executive committee shall consist
of all of the following:
(A) The Director of Fish and Game.
(B) The Director of Water Resources.
(C) The Director of Parks and Recreation.
(D) The Chairperson of the State Water Resources Control Board.
(E) The Chairperson of the State Air Resources Board.
(F) One public member appointed by the Governor, who is not an
elected official and who represents a statewide public health
organization.
(G) One public member appointed by the Speaker of the Assembly,
who is not an elected official and who represents a statewide hunting
or fishing organization.
(H) One public member appointed by the Senate Committee on Rules,
who is not an elected official and who represents a statewide
environmental organization.
(I) One member from, and selected by, the Imperial County Board of
Supervisors.
(J) One member from, and selected by, the Riverside County Board
of Supervisors.
(K) One member from, and selected by, the Board of Directors of
the Coachella Valley Water District.
(L) One member from, and selected by, the Board of Directors of
the Imperial Irrigation District.
(M) One member selected by the Tribal Council of the
Torres-Martinez Band of Desert Cahuilla Indians, if that council
agrees to do so.
(N) One member selected by the Tribal Council of the Cabazon Tribe
of Mission Indians, if that council agrees to do so.
(2) The members appointed pursuant to subparagraphs (F) to (H),
inclusive, of paragraph (1) shall serve one term of four years, and
may be reappointed to one additional term.
(3) A state, local, or tribal official who is a member of the
executive committee may designate a member of his or her executive
staff to vote on his or her behalf and otherwise discharge the duties
of the member when the member is not in attendance. Notice of this
designation shall be promptly communicated in writing to the
chairperson of the executive committee.
(4) The nonvoting members of the executive committee shall consist
of all of the following, as they may be available:
(A) The lead scientist.
(B) One representative of the United States Environmental
Protection Agency.
(C) One representative of the United States Bureau of Reclamation.
(D) One representative of the United States Fish and Wildlife
Service.
(E) One representative of the United States Army Corps of
Engineers.
(F) One representative of the United States Geological Survey.
(G) One representative of the Bureau of Land Management.
(c) (1) The science committee shall consist of the lead scientist
and national and locally recognized experts familiar with large-scale
wetlands and marine restoration efforts and knowledgeable about the
application of adaptive management protocols and long-term
monitoring. The science committee shall also include experts in dike
design and dredging, water treatment, and hydraulics.
(2) (A) The lead scientist shall be appointed by the United States
Geological Survey Salton Sea Science Office, if that office agrees
to do so.
(B) If the United States Geological Survey Salton Sea Science
Office does not appoint the lead scientist, the lead scientist shall
be appointed by the executive committee.
(C) The lead scientist shall nominate other experts for membership
on the science committee, subject to confirmation by the executive
committee.
(d) The local government forum shall include elected
representatives from within the Salton Sea watershed and may include
local air pollution control officials. The Board of Directors of the
Salton Sea Authority shall be responsible for all of the following:
(1) Inviting local elected representatives to join the forum.
(2) Convening and organizing regular meetings of the forum.
(3) Transmitting information from the executive committee to the
forum.
(4) Transmitting recommendations and suggestions from the forum to
the executive committee.
(e) The stakeholder forum shall consist of interested parties, as
determined by the executive committee, with demonstrated long-term,
ongoing interest in the restoration plan and shoreline, representing
the following categories:
(1) Persons associated with local businesses and community service
districts.
(2) Farmers.
(3) Persons associated with environmental organizations.
(4) Persons associated with public access and recreational
interests.
(5) Persons associated with public infrastructure.
(6) Community advocates.
(7) Persons associated with geothermal companies.
(8) Persons associated with public works.
(9) Public health officials.
(10) Tribal and elected local and state officials.
16605. (a) The Secretary of the Resources Agency has final
decisionmaking authority with regard to the administration of the
council. The secretary shall review all disputes in which a unanimous
decision cannot be reached by the executive committee.
(b) (1) The executive committee shall serve as the governing body
of the council and shall manage project development and
implementation, administer all project elements, and provide overall
guidance and oversight on behalf of the restoration program.
(2) The executive committee shall provide the overall leadership
for the planning and implementation process and shall be responsible
for all components of the planning and implementation effort,
including, but not limited to:
(A) Overall plan design.
(B) Project proposal review and selection.
(C) Contracting.
(D) Land access and acquisition of easements.
(E) Project management.
(F) Biological and physical monitoring, including air quality.
(G) Public participation and outreach.
(H) Public policy impacts and analysis.
(I) Budgeting and funding.
(J) Dispute resolution.
(K) Integration of the planning process with air quality
management, public health, and other regulatory entities.
(L) Governmental relations.
(3) The voting members of the executive committee shall make
decisions by unanimous decision, if possible. When voting members
cannot achieve a unanimous decision, the voting members shall
determine matters by majority vote. The Secretary of the Resources
Agency shall review any decision made by majority vote. The voting
members may recuse themselves from a decision if they choose.
(4) (A) The voting members of the executive committee shall elect,
annually from among the voting members, a chairperson, a vice
chairperson, and other officers as necessary. The officers may be
reelected.
(B) The offices of chairperson and vice chairperson shall not both
be filled by persons identified in subparagraphs (A) to (E),
inclusive, of paragraph (1) of subdivision (b) of Section 16604, or
by persons identified in subparagraphs (I) to (N), inclusive, of
paragraph (1) of subdivision (b) of Section 16604.
(C) If the office of chairperson or vice chairperson becomes
vacant, a new chairperson or vice chairperson shall be elected by the
voting members of the executive committee to serve for the remainder
of the term.
(D) Nine of the voting members shall constitute a quorum for the
transaction of the business of the executive committee. The executive
committee shall adopt rules, regulations, and procedures for the
conduct of business by the executive committee.
(5) The executive committee shall hold the majority of its
regularly scheduled meetings within the Salton Sea watershed.
(c) The science committee shall do all of the following:
(1) Provide best available science and engineering oversight to
the overall planning and implementation processes.
(2) Provide periodic review of local technical investigations
pertaining to the restoration plan design and implementation.
(3) Consult with and advise the stakeholder forum, under the
direction of the lead scientist.
(4) Provide guidance on ongoing short-term planning activities.
(5) Develop a science program for the collection, synthesis, and
dissemination of best available science to support long-term
restoration activities and adaptive management.
(d) The local government forum shall facilitate communication
between local governments and landowners, the executive committee,
and the stakeholder forum on the progress of plan development and
implementation.
(e) (1) The stakeholder forum shall provide ongoing, publicly
derived input to the executive committee relating to habitat
objectives and actions, types and levels of public access, and
integration of air quality management and habitat restoration.
(2) The stakeholder forum shall assist the executive committee
and other council members to gain a broader understanding of public
and interest group perspectives.
(3) The stakeholder forum shall provide focused review and
discussion, and shall seek to achieve consensus on significant
matters, including the following:
(A) Discussion and general agreement on design opportunities and
constraints, and integration of the habitat, public access, and air
quality management objectives.
(B) Public access and recreational components.
(C) Opportunities for economic development.
(D) Habitat mosaics and location.
(E) Vector management and predator control.
(f) All members of the executive committee and the science
committee may be reimbursed for their actual and necessary expenses,
including travel expenses, incurred in attending meetings of the
council and the respective committee and carrying out the duties of
their office.
(g) The Salton Sea Restoration Council may do the following:
(1) Sue and be sued.
(2) Enter into contracts pursuant to Article 4 (commencing with
Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the
Government Code, for services requiring knowledge, experience, and
ability not possessed by the council's staff.
(3) Enter into other agreements with public agencies, private
entities, and persons necessary for the proper discharge of its
duties.
(h) (1) It is the intent of the Legislature that funds from
sources other than the General Fund be expended to carry out this
division.
(2) All funds available for the Salton Sea Ecosystem Restoration
Program, from federal, state, local, private, or other sources shall
be deposited into the Salton Sea Restoration Fund, established in
Section 2932.
(3) The council shall advise the Director of Fish and Game with
regard to the expenditure of funds from the Salton Sea Restoration
Fund.
16606. (a) (1) The secretary shall select, in consultation with
the executive committee, the executive director of the council.
(2) The executive director shall be exempt from civil service and
shall serve at the pleasure of the executive committee.
(3) For purposes of this division, the executive director shall be
an employee of the Resources Agency.
(b) The Department of Fish and Game shall provide the staff
services that the council requires to carry out its functions,
including, but not limited to, all of the following:
(1) Administering grants and expenditures made available to the
council from the Salton Sea Restoration Fund or other sources,
including, but not limited to, block grants from other state boards,
commissions, or departments.
(2) Administering contracts.
(3) Arranging meetings, agendas, and other administrative
functions.
(4) Communication and public outreach, including all of the
following:
(A) Public meetings with interested parties, presentations, and
workshops.
(B) A regularly updated project-specific Web site.
(C) Electronic mail and paper newsletters in English and Spanish.
(c) The Director of Fish and Game shall enter into interagency
agreements with the Department of Water Resources and other agencies
as necessary to provide the appropriate level of staffing from the
state's existing resources to carry out the functions of the council.
16607. (a) The council's jurisdiction is limited to the Salton
Sea watershed, within the State of California.
(b) This division does not grant to the council any of the
following authority:
(1) Any authority of a city or county or tribal government to
regulate land use.
(2) Any authority to regulate activities on land, unless the
regulation is carried out pursuant to an agreement with an owner of
an interest in the land.
(3) Authority over water rights held by others.
(4) Any air quality regulatory authority.
SEC. 2. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.