BILL ANALYSIS SB 51 SENATE COMMITTEE ON ENVIRONMENTAL QUALITY Senator S. Joseph Simitian, Chairman 2009-2010 Regular Session BILL NO: SB 51 AUTHOR: Ducheny AMENDED: April 20, 2009 FISCAL: Yes HEARING DATE: April 27, 2009 URGENCY: No CONSULTANT: Randy Pestor SUBJECT : SALTON SEA RESTORATION COUNCIL SUMMARY : Existing law , under the Salton Sea Restoration Act: 1) Establishes the Salton Sea Restoration Fund to be expended for certain purposes upon appropriation by the Legislature (e.g., environmental and engineering studies; implementation of conservation measures; administrative, technical, and public outreach). 2) Requires funding from certain sources for acquisition, grants, or other activities that directly restore the Salton Sea and its transboundary watersheds. 3) Prohibits moneys deposited in the Fund from being expended for mitigation, except for mitigation undertaken by the state. 4) Authorizes the Department of Water Resources to contract with water suppliers to purchase and sell water to achieve the goals of the Act, under certain conditions. This bill enacts requirements for a Salton Sea Restoration Council that: 1) Creates the Council within the Natural Resources Agency to carry out certain purposes (e.g., implementing certain restoration programs, developing and implementing certain pilot and demonstration projects, permanently protecting fish and wildlife, preserving local tribal heritage and cultural values associated with the sea) in collaboration SB 51 Page 2 with local governments and interested parties. 2) Specifies composition of the council (e.g., groups representing certain interests, 14-member executive committee) and sets requirements for those groups and the executive committee. 3) Requires the executive committee to serve as the council governing body and provide overall guidance and oversight on behalf of the restoration program, and requires the Department of Fish and Game (DFG) to implement and be responsible for all planning components. The executive committee must make decisions by a 2/3 majority of the total number of voting members, and the voting members must annually elect officers. 4) Authorizes only funds deposited in the Salton Sea Restoration Fund or nonstate funds to be expended to carry out this bill's requirements. 5) Requires the Secretary of the Natural Resources Agency to select an executive director that must be exempt from civil service and serve at the pleasure of the executive committee. 6) Requires DFG to provide staff, currently dedicated to Salton Sea activities or other staff provided by legislative action, that the council requires to carry out certain functions (e.g., administering grants and expenditures, arranging meetings and agendas, communication and public outreach), and requires the DFG director to enter into interagency agreements to carry out certain purposes. 7) Provides that the council's jurisdiction is limited to the Salton Sea watershed within the state and does not grant the council authority of a city, county, or tribal government to regulate land use; any authority to regulate activities on land, unless the regulation is carried out pursuant to an agreement with an owner of an interest in land; authority over water rights held by others; and any air quality regulatory authority. SB 51 Page 3 COMMENTS : 1) Purpose of Bill . The author believes this bill is necessary to address economic, engineering, environmental, and scientific issues involving restoration of the Salton Sea, while fulfilling the state's obligations to the Salton Sea. The author is concerned about the declining Salton Sea ecosystem, including increasing salinity and deteriorating habitat values. According to the author, "In 2003 the implementing legislation for the Quantification Settlement Agreement called on the state to develop a Salton Sea restoration plan. The legislation required the Secretary of Resources, through an intense public process, to prepare a restoration plan by the end of 2006. The Resources Agency presented the Preferred Restoration Plan and Funding Report to the Legislature in May 2007. This bill would develop the governance structure which would oversee project implementation and restoration of the Salton Sea." 2) Related legislation . SB 51 is similar to SB 1256 of 2008, except that SB 51: a) provides that certain appointments are conditioned on the entity board agreeing to do so; b) requires a voting member to recuse himself or herself if a conflict exists; c) requires the status of the Salton Sea Restoration Fund to be included in the Governor's annual Budget; and d) requires that DFG staff assisting the council, as well as other agency staff involved with the council through interagency agreements, be those staff currently dedicated to Salton Sea activities or other staff provided through legislative action. SB 1256 was held on the Senate Appropriations Committee Suspense file. 3) Clarification needed . As noted above, SB 51 provides that the council is not granted authority over certain matters (e.g., land use, air quality, water rights). This provision should also clarify that the council does not have other regulatory authority, that this bill does not SB 51 Page 4 interfere with an existing agency's authority, and that this bill is not a limitation on mitigation requirements or compliance with other provisions of law. SOURCE : Senator Ducheny SUPPORT : American Federation of State, County and Municipal Employees (AFSCME) AFL-CIO; Audubon California, California Outdoor Heritage Alliance, Defenders of Wildlife, Imperial County, Pacific Institute, Planning and Conservation League, Sierra Club California OPPOSITION : None on file