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  ****