BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           51 (Ducheny)
          
          Hearing Date:  05/18/2009           Amended: 05/04/2009
          Consultant:  Brendan McCarthy   Policy Vote: NR&W 10-0, EQ 7-0














































          SB 51 (Ducheny)
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          _________________________________________________________________ 
          ____
          BILL SUMMARY: SB 51 would establish the Salton Sea Restoration  
          Council and direct it to undertake specified actions to restore  
          the Salton Sea pursuant to the Preferred Restoration Alternative  
          developed by the Resources Agency.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           
          Council staff costs    Up to $1.3 million per year      General  
          /
                                                                  Bonds *

          Period I restoration activities   $543,000 from 2011 -  
          2013General **

          Restoration capital costs         $8,960,000 from 2014 -  
          2035General **

          Restoration operation costs       $50,000 per year from 2025 -  
          2035                   General **
                                 $150,000 per year after 2035


          * Proposition 84 has about $11 million remaining for Salton Sea  
          restoration activities.
          ** Potentially offset by federal or local contributions.
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: This bill meets the criteria for referral to the  
          Suspense file. 
          
          Over the coming years, water inflows to the Salton Sea will  
          decrease, for a variety of reasons including water transfers  
          which will reduce runoff into the Sea. Reduced inflows to the  
          Salton Sea will cause the sea level to drop, exposing previously  
          flooded areas. The impact will be to release significant amounts  
          of dust into the air, impairing air quality in the region. Also,  
          as the Sea shrinks, existing wildlife habitat will be lost.  
          Under statute and existing legal obligations, the state has  
          financial responsibility for mitigating the environmental  







          SB 51 (Ducheny)
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          impacts of water transfers that will reduce inflows into the  
          Sea. In effect, the state has an obligation to restore the  
          Salton Sea.

          Under existing law, the Resources Agency developed a Preferred  
          Restoration Alternative for the restoration of the Sea. The  
          Preferred Alternative, as selected by the Resources Agency with  
          input from a variety of stakeholders, has a total capital cost  
          of $9.5 billion (2008 dollars). It is important to note that  
          there are other alternative restoration plans that were  
          considered by the Resources Agency and the stakeholder group,  
          with construction costs ranging from $2.8 billion to $5.8  
          billion.

          SB 51 would establish the Salton Sea Restoration Council as a  
          state agency. The Restoration Council would have an executive  
          committee, a science committee, and a local government forum.  
          The executive committee would have 14 members, including  
          representatives of certain state agencies, appointed members,  
          and representatives of local governments. Representatives of  
          federal agencies may serve as non-voting members. Decisions of  
          the executive committee would require a 2/3 vote of the members.  
          Staff and operations costs for these activities are unknown, but  
          could be up to $1.5 million per year. 

          SB 51 directs the Restoration Council to carry out, to the  
          maximum extent possible, several activities relating to the  
          restoration of the Sea. Specifically, the bill directs the  
          Restoration Council to give priority to performing "Period I"  
          activities from the Preferred Alternative. In addition, the bill  
          directs the Restoration Council to implement several other  
          activities, including developing pilot projects, protecting fish  
          and wildlife habitat, restoring shoreline wildlife habitat,  
          protecting water quality, protecting cultural values,  
          eliminating air quality problems, and implementing the Preferred  
          Alternative.

          Under the bill, spending on Period I activities would cost $543  
          million between 2011 and 2013. These activities would include  
          preparatory study and monitoring, development of pilot projects,  
          development of early start wildlife habitat, land acquisition,  
          and design activities for major construction activities to come  
          in later years. It is important to note that a final restoration  
          project should be selected by the state before detailed design  
          work can begin.







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          The bill directs the Council to implement the Preferred  
          Alternative. Long term construction costs of the Preferred  
          Alternative are estimated to be about $8.96 billion over the  
          next 25 years, with the majority of the construction costs  
          occurring between 2014 and 2020.

          In addition, once construction has been completed, the Preferred  
          Alternative is projected to have ongoing operation and  
          maintenance costs of about $150 million per year.

          Staff notes that there is about $11 million remaining in  
          Proposition 84 bond funds available for appropriation that could  
          be used for some minor portion of these activities. In addition,  
          there is the potential for some unknown contribution of federal  
          funds, although it is important to note that there is no  
          obligation for federal contributions. In addition, there could  
          be some relatively minor funding available from the proceeds of  
          future water transfers in the area. Beyond that, funding would  
          most likely come from the General Fund or future bond funds  
          repaid from the General Fund.