BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 51| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ UNFINISHED BUSINESS Bill No: SB 51 Author: Ducheny (D), et al Amended: 8/20/09 Vote: 21 SENATE NATURAL RES. & WATER COMMITTEE : 10-0, 3/24/09 AYES: Pavley, Benoit, Hollingsworth, Huff, Kehoe, Leno, Padilla, Simitian, Wiggins, Wolk NO VOTE RECORDED: Cogdill SENATE ENV. QUALITY COMMITTEE : 7-0, 4/27/09 AYES: Simitian, Runner, Ashburn, Corbett, Hancock, Lowenthal, Pavley SENATE APPROPRIATIONS COMMITTEE : 10-2, 5/28/09 AYES: Kehoe, Cox, Corbett, DeSaulnier, Hancock, Leno, Oropeza, Runner, Wyland, Yee NOES: Denham, Walters NO VOTE RECORDED: Wolk SENATE FLOOR : 37-0, 6/3/09 AYES: Aanestad, Alquist, Ashburn, Benoit, Calderon, Cedillo, Cogdill, Corbett, Correa, Cox, Denham, DeSaulnier, Ducheny, Dutton, Florez, Hancock, Harman, Hollingsworth, Huff, Kehoe, Leno, Liu, Lowenthal, Maldonado, Negrete McLeod, Padilla, Pavley, Romero, Runner, Simitian, Steinberg, Strickland, Wiggins, Wolk, Wright, Wyland, Yee NO VOTE RECORDED: Oropeza, Walters, Vacancy ASSEMBLY FLOOR : Not available CONTINUED SB 51 Page 2 SUBJECT : Salton Sea Restoration Council SOURCE : Author DIGEST : This bill establishes the Salton Sea Restoration Council (Council) as a state agency in the Natural Resources Agency to oversee restoration of the Salton Sea. Assembly Amendments (1) require the Salton See Restoration Council established by this bill to report to the Governor and Legislature by June 30, 2013, with a recommended Salton Sea restoration plan, (2) require the Council in conducting its duties under this bill to act consistent with the purposes of the Salton Sea Restoration Fund, and to work collaboratively with local governments and interested parties, (3) clarify that the lead scientist for the Council shall be appointed by the Council executive committee from candidates recommended by the United States Geological Survey Salton Sea Science Office or another scientific agency, and (4) clarify that the duties of the Department of Fish and Game and the Department of Water Resources under this bill include evaluation and implementation of restoration alternatives necessary for the Council to fulfill its duties under this bill related to recommending a Salton Sea restoration plan. ANALYSIS : Under the Salton Sea Restoration Act, existing law: 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 monies deposited in the Fund from being expended for mitigation, except for mitigation SB 51 Page 3 undertaken by the state. 4. Authorizes the Department of Water Resources (DWR) 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. States legislative findings and declarations regarding the values of the Salton Sea, and states the Legislature's intent in restoring the Salton Sea to permanently protect fish and wildlife dependent on the Salton Sea ecosystem, restore aquatic and shoreline habitat, eliminate air quality impacts, protect water quality, maintain the sea as a vital link in the Pacific flyway, preserve local tribal values, and minimize noxious odors. 2. Establishes the Council as a state agency within the Natural Resources Agency to oversee restoration of the Salton Sea, including: early start habitat demonstration projects; biological, water quality, air quality, geotechnical, sedimentation and inflow investigations; investigation of access and utility agreements; and evaluation of restoration plans, including but not limited to alternatives and program components described in the Resource Agency's October 2006 Salton Sea Draft Programmatic Environmental Impact Report. 3. Requires the Council to report to the Governor and the Legislature by June 30, 2013, with a recommended restoration plan. Requires the Council in recommending a restoration plan, to consider the impacts of the plan on air quality, fish and wildlife habitat, water quality, and the technical and financial feasibility of the restoration plan. Requires the Council, in conducting its duties under this bill to act consistent with the purposes of the Salton Sea Restoration Fund, as specified under existing law, and to work collaboratively with local governments and interested parties. SB 51 Page 4 4. Provides that the Council shall consist of a 16 member executive committee, a science committee, a local government forum, and a stakeholder forum. 5. Provides that the executive committee shall serve as the governing body of the Council and provide overall guidance and oversight of the restoration program. Provides that the executive committee shall make decisions by a two-thirds majority vote, and that 12 voting members shall constitute a quorum. Provides for election of officers. 6. Requires that the executive committee include the director of the Department of Fish and Game (DFG), the director of the DWR, the director of the Department of Parks & Recreation (DPR), the chair of the State Water Resources Control Board (SWRCB), the chair of the State Air Resources Board, the State Treasurer, the director of the Department of Finance, three public members appointed one each by the Governor, Assembly and Senate, one member from the Imperial County Board of Supervisors, one member from the Riverside County Board of Supervisors, one member from the Coachella Valley Water District (CVWD), one member from the Imperial Irrigation District (IID), and one member each from the Torres Martinez Band of Desert Cahuilla Indians and the Cabazon Band of Mission Indians. Nonvoting members of the executive committee shall include the lead scientist and representatives of specified federal agencies. Provides that members of the executive committee shall serve without compensation but may be reimbursed for expenses. 7. Requires the science committee to include a lead scientist, to be appointed by the Council executive committee from candidates recommended by the United States Geological Survey Salton Sea Science Office or another scientific agency, or if no recommendations are made then by the executive committee. The scientists shall serve without compensation but may be reimbursed for expenses. Responsibilities of the science committee include providing best available science and engineering oversight, to provide periodic review of local technical SB 51 Page 5 investigations, to consult with and advise the stakeholder forum, and provide guidance on ongoing short-term planning. 8. Requires the local government forum to include elected representatives from within the Salton Sea Watershed and authorizes the forum to include local air pollution control officials. Requires the Council to request the Salton Sea Authority to assist with the forum. Responsibilities of the local government forum include facilitating communication between local governments and landowners, the executive committee and the stakeholder forum. 9. Requires the stakeholder forum to consist of interested persons, as determined by the executive committee, representing ten specified categories of persons. Responsibilities of the stakeholder forum include to provide ongoing, public input to the executive committee, and to assist the executive committee in understanding public and interest group perspectives. Requires the stakeholder forum to provide focused review and discussion, and to seek to achieve consensus on specified elements. 10.Requires DFG to be responsible for implementation of early start habitat demonstration projects, biological investigations relating to restoration, and evaluation of restoration plan alternatives. 11.Requires DWR to be responsible for implementation of investigations of water quality, sedimentation, inflows, air quality, geotechnical, and access and utility agreements relating to restoration, and for evaluation of restoration plan alternatives. 12.Authorizes the Council to sue and be sued and to enter into contracts and agreements. 13.Provides that only funds deposited in the Salton Sea Restoration Fund or nonstate funds may be expended to carry out this article. Requires that the status of the Salton Sea Restoration Fund shall be included in the Governor's proposed annual budget. Requires the Council SB 51 Page 6 to advise DFG with regard to expenditure of funds from the Salton Sea Restoration Fund. 14.Provides that the secretary of the State Natural Resources Agency shall select, in consultation with the executive committee, the executive director of the Council, who shall be exempt from civil service and serve at the pleasure of the executive committee. 15.Requires DFG and DWR to provide staff services for the Council, using staff currently dedicated to Salton Sea activities or other staff provided by legislative action, as specified. Provides that the director of DFG and the director of DWR shall enter into interagency agreements with other state agencies to provide staff services. 16.Clarifies that the Council's jurisdiction is limited to the Salton Sea watershed within California, and that this bill does not grant to the Council any regulatory authority or any authority over land use, water rights or air quality. FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes Local: No According to the Assembly Appropriations Committee, 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 Sea Restoration Fund, nonstate funds), and (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). It is conceivable that the council's investigative and analytical work pursuant to this bill might cost as much as $15 million, which was the cost of producing the environmental impact report of the administration's preferred alternative SUPPORT : (Verified 8/24/10) American Federation of State, County and Municipal SB 51 Page 7 Employees, AFL-CIO Audubon California Cal Energy California Outdoor Heritage Alliance Defenders of Wildlife Imperial County Imperial Irrigation District Indio Chamber of Commerce Pacific Institute Planning and Conservation League Sierra Club California OPPOSITION : (Verified 8/24/10) Department of Finance ARGUMENTS IN SUPPORT : According to the author's office, "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 develops the governance structure which would oversee project implementation and restoration of the Salton Sea." ARGUMENTS IN OPPOSITION : The Department of Finance is opposed to this bill because it would "be premature to begin implementation of the Preferred Alternative until a long-term funding plan to pay for future Salton Sea restoration efforts has been developed." CTW:do 8/30/10 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END ****