BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 51
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                     SB 51 (Ducheny) - As Amended:  July 1, 2010 

          Policy Committee:                              Water, Parks and  
          Wildlife     Vote:                            10-3

          Urgency:     No                   State Mandated Local Program:  
          No     Reimbursable:              No

           SUMMARY  

          This bill establishes the Salton Sea Restoration Council to  
          oversee restoration of the Salton Sea.  Specifically, this bill:

          1)Establishes the 16-member Salton Sea Restoration Council,  
            within the Natural Resources Agency, as the governing body to  
            oversee restoration of the Salton Sea.

          2)Directs the council to evaluate various Salton Sea restoration  
            plans and to recommend a restoration plan in a report to the  
            governor and the Legislature by an unspecified date.

          3)Requires personnel of the Department of Fish and Game (DFG)  
            and the Department of Water Resources (DWR) to staff the  
            council.

          4)Tasks DFG with demonstration projects and investigations  
            relating to restoration that concern habitat and biology.

          5)Tasks DWR with investigations relating to restoration that  
            concern water quality, sedimentation, inflows, air quality,  
            geotechnics, and access and utility agreements.

          6)Limits funding for implementation of the bill's provisions to  
            funds in the Salton Sea Restoration Fund or nonstate funds.

           FISCAL EFFECT  

          1)Annual costs to DFG and DWR, ranging from approximately  
            $300,000 to approximately $1,000,000, to staff the council and  
            to reimburse council members for necessary expenses. (Salton  








                                                                  SB 51
                                                                  Page  2

            Sea Restoration Fund, nonstate funds)

          2)Potential costs to DFG and DWR of an unknown amount, but  
            possibly in the millions of dollars, to conduct demonstration  
            projects and investigations related to restoration, habitat,  
            water quality, and other topics. (Salton Sea Restoration Fund,  
            nonstate funds)  (DWR reports that investigative and  
            analytical work that went into producing the environmental  
            impact report as part of the Secretary for Resources  
            "preferred alternative" for Salton Sea restoration cost around  
            $15 million.  It is conceivable that the council's  
            investigative and analytical work pursuant to this bill might  
            entail comparable costs.) 

           COMMENTS  

           1)Rationale  .  The author notes that, without restoration, the  
            Salton Sea will collapse in coming decades.  The author  
            describes the negative consequences of this collapse as loss  
            of critical migratory bird habitat, severe air quality  
            impairment, declining water quality, fish die off, and  
            significant financial exposure to the state.  The author  
            intends this bill to establish a governing body to oversee  
            Salton Sea restoration, consistent with recommendations in a  
            recent Natural Resources Agency report on how best to restore  
            the sea.

           2)Background  .  

              a)   Creation  .  The Salton Sea is California's largest inland  
               lake.  Every few hundred years or so, the Colorado River  
               spills water into a natural sink that houses the "sea."   
               Because it has no outlet, other than evaporation, the sea's  
               salinity rises until the sea dries up, awaiting  
               replenishment by another spill from the Colorado River.

               Once such spill occurred in 1905.  For months, water  
               overflowed an irrigation canal carrying Colorado River  
               water to the Imperial Valley.  In subsequent decades,  
               agricultural runoff from farms in the Imperial Valley fed  
               the sea, preventing it from drying.  Sport fish were  
               introduced.  Tourism grew.  As other California wetlands  
               were developed, the sea became an increasingly important  
               stopover for hundreds of thousands of migratory birds.  









                                                                  SB 51
                                                                  Page  3

              b)   Deterioration  .  As the decades past, the sea's health  
               declined.  Its water became increasingly salty-saltier than  
               the ocean.  Fertilizers and other agricultural runoff  
               accumulated.  Fish died by the thousands.  The shoreline  
               receded.  Tourism waned.  

               And the sea will continue to decline.  A 2003 agreement  
               between several public water agencies and the state  
               regarding use of Colorado River water-known as the  
               Quantification Settlement Agreement (QSA)-transfers  
               additional Colorado River water to Southern California,  
               thereby reducing the amount of water flowing into the sea. 

              c)   Restoration  .  So, why restore the sea?  Proponents point  
               to, among other things, the vital importance of the sea to  
               hundreds of thousands of migratory birds, as well as the  
               dust bowl that would replace the sea.  In any case, the  
               terms of the QSA, which the state signed to prevent federal  
               reductions of Colorado River water flowing to California,  
               obligate the state to assume most of the financial  
               responsibility both for mitigating the negative  
               environmental impacts of the QSA and for the Salton Sea  
               restoration.  In other words, the state is legally required  
               to restore the sea and to pay for it.

              d)   Legislation  .  SB 277 (Ducheny, Chapter 611, Statutes of  
               2003) required the Resources Secretary to undertake a  
               restoration study to determine a preferred alternative for  
               restoration of the Salton Sea ecosystem and protection of  
               wildlife.  SB 277 created the Salton Sea Restoration Fund,  
               administered by DFG, and required money deposited in the  
               fund to be spent, upon appropriation, for  
               restoration-related studies, implementation of conservation  
               measures necessary to protect the ecosystem's wildlife,  
               implementation of the preferred alternative, and related  
               administrative, technical, and public outreach work.

               In May of 2008, the secretary released a report identifying  
               the agency's preferred alternative for restoration of the  
               sea and a plan for funding that restoration.  The preferred  
               alternative will be one of the restoration alternatives to  
               be considered by the Salton Sea Restoration Council created  
               by this bill. 

           3)Support  .  The policy committee analysis cites support from a  








                                                                  SB 51
                                                                  Page  4

            diverse set of conservation groups and the Imperial Irrigation  
            District, among others.

           4)There is no registered opposition to this bill  .

           Analysis Prepared by  :    Jay Dickenson / APPR. / (916) 319-2081