BILL ANALYSIS ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2009-2010 Regular Session | | | ----------------------------------------------------------------- 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 1 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 2 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: 3 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 4