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  









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              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.










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            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  










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              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