BILL NUMBER: SB 51	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 20, 2009

INTRODUCED BY   Senator Ducheny
    (   Coauthor:   Senator  
Steinberg   ) 
   (Coauthors: Assembly Members V. Manuel Perez and Salas)

                        JANUARY 13, 2009

   An act to add the heading to Article 1 (commencing with Section
2930) of, and to add Article 2 (commencing with Section 2940) to,
Chapter 13 of Division 3 of, the Fish and Game Code, relating to the
Salton Sea Restoration Council.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 51, as amended, Ducheny. Salton Sea Restoration Council.
   Existing law requires the Secretary of the  Natural 
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  Natural  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 the
water quality of the Salton Sea, to restore the Salton Sea
ecosystem, and to take other actions to enhance 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.
   The executive committee would be required to serve as the
governing body of the council, and would be required to provide
guidance and oversight 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 state agencies to provide staff services.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


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

  SECTION 1.  The heading of Article 1 (commencing with Section 2930)
is added to Chapter 13 of Division 3 of the Fish and Game Code, to
read:

      Article 1.  General Provisions


  SEC. 2.  Article 2 (commencing with Section 2940) is added to
Chapter 13 of Division 3 of the Fish and Game Code, to read:

      Article 2.  Salton Sea Restoration Council


   2940.  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.
   2941.  Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this article.
   (a) "Agency" means the  Natural  Resources Agency.
   (b) "Controlled eutrophication project" means a nutrient reduction
process that assimilates nutrients into algal biomass, and
physically removes or harvests the algal biomass from the water
column.
   (c) "Council" means the Salton Sea Restoration Council.
   (d) "Final PEIR" means the  Natural  Resources Agency's
Salton Sea Ecosystem Restoration Program Final Programmatic
Environmental Impact Report, dated May 2007.
   (e) "Habitat mosaics" means two or more proximate habitat types,
such as saltwater shoreline abutting riverine deltas and irrigated
farmland.
   (f) "Salton Sea watershed" means the geographic boundaries of the
Salton Sea basin, defined as the United States Geologic Survey
Hydrologic Unit 18100200 ("Salton Sea").
   (g) "Sea" means the Salton Sea.
   (h) "Secretary" means the Secretary of the  Natural 
Resources Agency.
   (i) "Upper Basin" refers to the four Colorado River states of the
Upper Division, including Colorado, New Mexico, Utah, and Wyoming.
   (j) "Upper Basin selenium reduction projects" means projects of
the Gunnison Basin Task Force and Grand Valley Selenium Task Force
and other similar Upper Basin source control projects that could
decrease the total amount of selenium in the inflows to the Salton
Sea.
   (k) "Vector management" means services that eliminate or reduce
the risk of illness caused by any organism transporting a pathogen.
   2942.  There is in the Natural  Resources Agency the
Salton Sea Restoration Council, which is established as a state
agency to carry out, to the maximum extent possible, all of the
following, working in collaboration with local governments and
interested parties:
   (a)  Give first priority to implementing 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. The activities identified in "Period I"
include conducting a demonstration project, "early start habitat,"
conducting additional biological, inflow, sediment quality, water
quality, and air quality investigations, conducting geotechnical and
hazards surveys and analyses, coordinating with the Torres Martinez
Band of Desert Cahuila Indians and other stakeholders, executing land
access and utility agreements, and preparing project level
environmental documentation and final design.
   (b) Implement, as funding is made available for those purposes,
the remaining priorities identified in subdivisions (c) to (k),
inclusive.
   (c) Develop and implement or finance additional pilot or
demonstration projects to assess the efficacy of methods to improve
water quality of the Salton Sea, including, but not limited to, both
of the following:
   (1) Controlled eutrophication projects.
   (2) Upper Basin selenium reduction projects.
   (d) Restore the Salton Sea ecosystem.
   (e) Permanently protect the fish and wildlife dependent on the
Salton Sea ecosystem.
   (f) 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.
   (g) Eliminate air quality impacts from the restoration projects
using the best available technology as defined by the South Coast Air
Quality Management District and the Imperial County Air Pollution
Control District.
   (h) Protect water quality.
   (i) Maintain the sea as a vital link along the international
Pacific Flyway.
   (j) Preserve local tribal heritage and cultural values associated
with the sea.
   (k) Eliminate noxious odors and other water and air quality
problems.
   (l) Implement the agency's Salton Sea Ecosystem Restoration
Program Preferred Alternative, as revised  during the
implementation process  , working in collaboration with local
governments and interested parties to address funding constraints and
other related matters.
   2943.  The council may take into consideration, to the extent each
is compatible with the actions described in Section 2942, both of
the following:
   (a) Project components that promote the sea as a tourist
destination and recreational area.
   (b) Project components that are compatible with economic
development associated with the restoration plan.
   2944.  (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   eight  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, if that board agrees to do so.
   (J) One member from, and selected by, the Riverside County Board
of Supervisors, if that board agrees to do so.
   (K) One member from, and selected by, the Board of Directors of
the Coachella Valley Water District, if that board agrees to do so.
   (L) One member from, and selected by, the Board of Directors of
the Imperial Irrigation District, if that board agrees to do so.
   (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 Band
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. 
   (H) One representative of the United States Department of Defense.

   (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, if the
governing body of the respective local government agrees to appoint a
designee to the forum, and may include local air pollution control
officials. The council shall request the Salton Sea Authority to
assist the council by doing 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.
   2945.  (a) (1) The executive committee shall serve as the
governing body of the council and shall provide overall guidance and
oversight on behalf of the restoration program.  The members of
the executive committee shall serve without compensation. 
   (2) The executive committee shall provide the overall leadership
for the planning of the restoration program. The Department of Fish
and Game shall implement and be responsible for all components of the
planning, including, but not limited to, all of the following:
   (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.
   (J) Dispute resolution.
   (K) Integration of the planning process with air quality
management, public health, and other regulatory entities.
   (L) Governmental relations.
   (3) The executive committee shall make decisions by a two-thirds
majority of the total number of voting members. If a conflict exists,
a voting member shall recuse himself or herself from voting on an
item.
   (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 be
held concurrently by any of the persons in the following categories:
   (i) Persons identified in subparagraphs (A) to (E), inclusive, of
paragraph (1) of subdivision (b) of Section 2944.
   (ii) Persons identified in subparagraphs (F) to (H), inclusive, of
paragraph (1) of subdivision (b) of Section 2944.
   (iii) Persons identified in subparagraphs (I) to (N), inclusive,
of paragraph (1) of subdivision (b) of Section 2944.
   (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)  Ten 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.
   (b) 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.
   (c) 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.
   (d) (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.
   (e) 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.
   (f) 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.
   (g) (1) Only funds deposited in the Salton Sea Restoration Fund or
nonstate funds may be expended to carry out this article.
   (2) The status of the Salton Sea Restoration Fund shall be
included in the Governor's proposed annual budget document.
   (3) The council shall advise the Director of Fish and Game with
regard to the expenditure of funds from the Salton Sea Restoration
Fund.
   2946.  (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 article, the executive director shall be
an employee of the  Natural  Resources Agency.
   (b) The Department of Fish and Game shall provide the staff
services, using staff currently dedicated to Salton Sea activities or
other staff provided by legislative action, 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.
   (5) Conducting biological investigations.
   (c) The Director of Fish and Game and the Director of Water
Resources shall enter into interagency agreements with each other to
provide the staff service, using staff currently dedicated to Salton
Sea activities or other staff provided by legislative action, to
carry out the functions of the council.
   (d) The Director of Fish and Game shall enter into interagency
agreements with other state agencies to provide the staff services,
using staff currently dedicated to Salton Sea activities or other
staff provided by legislative action, to carry out the functions of
the council.
   2947.  (a) The council's jurisdiction is limited to the Salton Sea
watershed within the State of California.
   (b) This article 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.