BILL ANALYSIS                                                                                                                                                                                                    





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2009-2010 Regular Session                    |
          |                                                                 |
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          BILL NO:  SB 51                    HEARING DATE:  March 24, 2009  
           
          AUTHOR:  Ducheny                   URGENCY:  No   
          VERSION:  As Introduced            CONSULTANT:  Bill Craven  
          DUAL REFERRAL:  Environmental QualityFISCAL:  Yes  
          SUBJECT:  Salton Sea Restoration Council  
          
          BACKGROUND AND EXISTING LAW
          In 2003, Senators Kuehl, Machado, and Ducheny authored  
          legislation that together implemented the Quantification  
          Settlement Agreement (QSA), a historic water agreement that  
          limited California's Colorado River water usage to 4.4 million  
          acre-feet annually. As part of the QSA and its related  
          contracts, water transfers from Imperial Irrigation District to  
          San Diego were negotiated, as were environmental mitigation  
          obligations and regulatory provisions that were integral to the  
          successful negotiation of the QSA. These provisions assigned  
          specific environmental and financial responsibilities to the  
          state and to the parties to the QSA. Provisions for habitat and  
          species protection, air quality, and the eventual restoration of  
          the Salton Sea were negotiated in the legislation.

          Specifically, the Secretary of Resources was directed to develop  
          a Salton Sea restoration plan with a preferred alternative for  
          the restoration of the sea. That plan, which recommends an  
          investment of nearly $9 billion, was submitted to the  
          Legislature in May, 2007. The report, as well as a separate  
          analysis by the Legislative Analyst, underscored the need for a  
          governance structure to oversee the state's continuing role at  
          the Salton Sea. The LAO recommended the Department of Water  
          Resources assume the role as the agency charged with  
          implementing the preferred alternative. The LAO report also  
          recommended that the restoration and expenditure plan be  
          codified and that interim priorities be established, given the  
          magnitude of the proposed expenditure plan.

          Some funds for activities at the Salton Sea were included both  
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          in Prop 50 and Prop 84, although no adequate funding source for  
          the recommended "preferred alternative" has been identified. The  
          $50 million in Prop 50 funds has been spent, largely on  
          restoration planning and land acquisition. About $13 million in  
          Prop 84 funds was included for Salton Sea purposes in the 2007  
          budget.  

          Section 2931 of the Fish and Game Code includes the requirement  
          to restore the Salton Sea. 

          PROPOSED LAW
          SB 51 would create the Salton Sea Restoration Council as a  
          separate agency within the Resources Agency and would charge the  
          council with the responsibility to implement the preferred  
          restoration plan. The council would have executive and science  
          committees with designated memberships, and a local government  
          forum and a stakeholder forum. 

          The executive committee would consist of 14 voting members and 7  
          ex-officio members from various federal agencies. The 14 voting  
          members come from 5 state agencies, 2 public members, 4 local  
          elected officials, and two tribal representatives. Members could  
          serve up to 2 four-year terms. The committee would have  
          extensive authority over the design of the restoration plan,  
          contracting, project management, budgeting and funding,  
          biological and physical monitoring (including air quality), and  
          integration of the planning process with air quality, public  
          health, and other regulatory entities. 

          The science committee would consist of experts familiar with  
          large scale wetlands and habitat restoration efforts, as well as  
          dike design and water treatment. The lead scientist may be  
          appointed by the USGS Salton Sea Science Office, and if that  
          office declines, the lead scientist would be appointed by the  
          executive committee. The science committee is charged with  
          providing best available scientific and engineering information  
          for the overall planning and implementation of the restoration  
          plan. 

          The local government forum would consist of elected officials  
          from within the geographic bounds of the Salton Sea watershed  
          and may also include local air pollution control officials. The  
          stakeholder forum would be comprised of interested parties  
          chosen by the executive committee who have demonstrated a  
          continuing interest in the restoration planning process.  
          Business, agriculture, recreational, energy, and public health  
          interests are among those specifically named as groups who will  
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          be asked to provide representatives. 

          The Secretary for Resources, in consultation with the executive  
          committee, would hire an executive director. Other staffing to  
          the council would be provided by the Department of Fish and  
          Game. The executive committee members and science committee  
          members would be paid only their actual expenses. 

          The Salton Sea Restoration Council provisions allow it to sue  
          and be sued, enter into contracts, advise the Department of Fish  
          and Game regarding the expenditure of funds from the Salton Sea  
          Restoration Fund. The department would also be required to enter  
          into an agreement with the Department of Water Resources and  
          other agencies to provide appropriate staffing. 

          ARGUMENTS IN SUPPORT
          The author believes that a structure such as the one proposed in  
          SB 51 is necessary to address the complex scientific,  
          engineering, economic, and environmental issues that are  
          involved with the restoration of the Salton Sea and to fulfill  
          the state's obligations to the Salton Sea that were identified  
          in earlier legislation. This bill, while perhaps not in final  
          form, represents a working consensus of the local governments,  
          tribal governments, environmental and public health  
          stakeholders, business and economic development groups, and  
          others, who have been involved in this effort. 

          The author and supporters are concerned that the ecosystem at  
          the Salton Sea continues to decline, meaning that the sea is  
          becoming more saline and that habitat values are deteriorating.  
          Inflows into the sea are also being reduced because there is  
          less agricultural runoff from irrigation because of the transfer  
          of water to San Diego. Supporters believe that the increase in  
          particulate air pollution will increase as more of the former  
          lakebed is exposed. 

          ARGUMENTS IN OPPOSITION
          None received.




          COMMENTS 
          The 2008 version of the bill was held on suspense in Senate  
          Appropriations. While it is beyond the scope of the policy  
          committee, some possible cost-reduction efforts the author could  
          consider include: 
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             1.   Establishing the council in the Resources Agency, in the  
               Office of the Secretary, instead of as a separate agency.  
             2.   This bill, like other aspects of existing law on the  
               Salton Sea, contains an exhaustive list of environmental  
               and public health goals. If the author wants to adopt the  
               LAO suggestion that interim priorities should be  
               established, subsequent committee hearings would be  
               opportune times for that. 
             3.   Similar to #2, the duties of the executive committee  
               could be reduced by focusing on the initial actions  
               recommended in the PTEIR. Such a course would not only be  
               less expensive, but it would avoid potential conflicts with  
               the mandates of several other state agencies.  

            The Committee may wish to ask the Author to commit to  
            continuing her practice of working with the Committee as the  
            bill is amended in the future. 

               
          SUPPORT
          American Federation of State, County and Municipal Employees
          Audubon California
          California Outdoor Heritage Alliance
          County of Imperial 
          Defenders of Wildlife
          Pacific Institute
          Sierra Club California

          OPPOSITION
          None Received
















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