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