BILL ANALYSIS Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair 51 (Ducheny) Hearing Date: 05/28/2009 Amended: 05/04/2009 Consultant: Brendan McCarthy Policy Vote: NR&W 10-0, EQ 7-0 SB 51 (Ducheny) Page 2 _________________________________________________________________ ____ 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: 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 impacts of water transfers that will reduce inflows into the SB 51 (Ducheny) Page 2 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. SB 51 (Ducheny) Page 2 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.