BILL NUMBER: SB 51 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2009
AMENDED IN SENATE JUNE 2, 2009
AMENDED IN SENATE MAY 4, 2009
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
evaluate implement certain program
alternatives preferred alternative activities
set forth in the agency's Salton Sea Ecosystem Restoration Program
and would require the council, by January 1, 2011, to
recommend to the Legislature a restoration plan for the Salton Sea
based on one of those alternatives , 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 provide guidance and oversight on behalf of
the restoration program . The Department of Water
Resources would be required to provide support to the council,
subject to an appropriation for that purpose.
The bill would require the Department of Fish and Game 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) "Council" means the Salton Sea Restoration Council.
(c) "Draft "Final PEIR" means the
Natural Resources Agency's Salton Sea Ecosystem Restoration Program
Draft Final Programmatic Environmental
Impact Report, dated October 2006 May 2007
.
(d) "Habitat mosaics" means two or more proximate habitat types,
such as saltwater shoreline abutting riverine deltas and irrigated
farmland.
(e) "Salton Sea watershed" means the geographic boundaries of the
Salton Sea basin, defined as the United States Geologic Survey
Hydrologic Unit 18100200 ("Salton Sea").
(f) "Sea" means the Salton Sea.
(g) "Secretary" means the Secretary of the Natural Resources
Agency.
(h) "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. 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 are not already
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 (l),
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.
(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. Implementation of the preferred alternative shall be
consistent with Section 2931 and shall be subject to availability of
funding and information obtained during the implementation of the
Salton Sea Ecosystem Restoration Program Preferred Alternative
"Period I" activities, as described in Chapter 3 of Volume I of the
Final PEIR.
2943. (a) The council shall evaluate the program alternatives
described in Chapter 3 of Volume I of the Draft PEIR. On or before
January 1, 2011, the council shall recommend to the Legislature a
restoration plan for the Salton Sea based on one of those
alternatives.
(b) The council's recommended restoration plan shall address both
of the following:
(1) Existing statutory and contractual obligations of the state,
giving particular consideration to issues relating to air quality and
wildlife habitat in and around the Salton Sea.
(2) The state's ability to finance a restoration plan, giving
consideration to potential nonstate sources of funding.
(c) The restoration plan shall include a financing plan that
provides detailed information on projected expenditures and sources
of funding.
2944. (a) The council shall consist of the following groups:
(1) An executive committee.
(2) A science committee.
(2)
(3) A local government forum.
(3)
(4) A stakeholder forum.
(b) The executive committee shall consist of 14 voting members and
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) The Director of Finance.
(G) The Secretary of the Natural Resources Agency.
(H) The Treasurer.
(I)
(F) One public member appointed by the Governor, who is
not an elected official and who represents a statewide public health
organization.
(J)
(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.
(K)
(H) One public member appointed by the Senate Committee
on Rules, who is not an elected official and who represents a
statewide environmental organization.
(L)
(I) One member from, and selected by, the Imperial
County Board of Supervisors, if that board agrees to do so.
(M)
(J) One member from, and selected by, the Riverside
County Board of Supervisors, if that board agrees to do so.
(N)
(K) One member from, and selected by, the Board of
Directors of the Coachella Valley Water District, if that board
agrees to do so.
(O)
(L) One member from, and selected by, the Board of
Directors of the Imperial Irrigation District, if that board agrees
to do so.
(P)
(M) One member selected by the Tribal Council of the
Torres Martinez Band of Desert Cahuilla Indians, if that council
agrees to do so.
(Q)
(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 (I)
(F) to (K) (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 federal 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.
(c) (1)
(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.
(2)
(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.
(2)
(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.
(3)
(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 (H)
(E) , inclusive, of paragraph (1) of subdivision
(b) of Section 2944.
(ii) Persons identified in subparagraphs (I) to (K)
(F) to (H) , inclusive, of paragraph (1) of
subdivision (b) of Section 2944.
(iii) Persons identified in subparagraphs (L) to (Q)
(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.
(b)
(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.
(c)
(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.
(d)
(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.
(e)
(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.
(f)
(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 Water Resources shall provide support to the
council, subject to an appropriation by the Legislature from the
Salton Sea Restoration Fund for that purpose.
(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 Internet 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 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 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 regulatory
authority, including any of the following authority:
(1) The authority 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.
(c) (1) Nothing in this article interferes with or prevents the
exercise of authority by a public agency to carry out its programs,
projects, or responsibilities.
(2) Nothing in this article affects requirements imposed under any
other provision of law.