BILL NUMBER: AB 939	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 19, 2012
	AMENDED IN SENATE  JUNE 21, 2011
	AMENDED IN ASSEMBLY  MARCH 30, 2011

INTRODUCED BY   Assembly Member V. Manuel Pérez

                        FEBRUARY 18, 2011

   An act to repeal and add Article 2 (commencing with Section 2940)
of Chapter 13 of Division 3 of the Fish and Game Code, relating to
the Salton Sea.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 939, as amended, V. Manuel Pérez. Salton Sea restoration.
   (1) Existing law establishes the Salton Sea Restoration Council as
a state agency in the Natural Resources Agency to oversee the
restoration of the Salton Sea.
   This bill would eliminate the council, and  assign duties
relating to the restoration of the Salton Sea to   ,
instead, require  the Salton Sea Authority,  a joint
powers authority   as defined, to lead Salton Sea
restoration efforts, including the development of a restoration plan
in coordination   with the Natural Resources Agency, and
supervision of the activities of a technical advisory group formed
pursuant to the bill  . By imposing duties on a local joint
powers authority, the bill would impose a state-mandated local
program.
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article 2 (commencing with Section 2940) of Chapter 13
of Division 3 of the Fish and Game Code is repealed.
  SEC. 2.  Article 2 (commencing with Section 2940) is added to
Chapter 13 of Division 3 of the Fish and Game Code, to read:

      Article 2.  Salton Sea Restoration


   2940.  The Legislature finds and declares all of the following:
   (a) The Salton Sea is California's largest inland water body with
beneficial uses that include fisheries and wildlife habitat and
preservation of endangered species, and is a repository for
agricultural drainage.
   (b) The Salton Sea ecosystem is a critical link on the
international Pacific Flyway and supports over 400 species of birds.
   (c) The Salton Sea is threatened by increasing salinity and
reduced inflows. These changes increasingly threaten  the 
unparalleled wildlife resources at the sea, as well as air quality in
the region.
   (d) In cooperation with others, the Salton Sea Authority can help
protect wildlife habitats and endangered species, improve water and
air quality, and enhance recreational opportunities in the region.
   (e) In restoring the Salton Sea, it is the intent of the
Legislature to do all of the following:
   (1) Permanently protect fish and wildlife that are dependent on
the Salton Sea ecosystem.
   (2) Restore the long-term stable aquatic and shoreline habitat for
fish and wildlife that depend on the Salton Sea.
   (3)  Eliminate   Mitigate  air quality
impacts from restoration projects  using the best available
technology, as determined by the South Coast Air Quality Management
District and the Imperial County Air Pollution Control District
 .
   (4) Protect water quality.
   (5) Maintain the Salton Sea as a vital link along the Pacific
Flyway.
   (6) Preserve local tribal heritage and cultural values associated
with the Salton Sea.
   (7) Minimize noxious odors and other water and air quality
problems. 
   (8) Coordinate with state and federal agencies that are
responsible for air quality, endangered species, and other
environmental mitigation implementation requirements of the
Quantification Settlement Agreement.  
   (9) Enhance economic development opportunities that will provide
sustainable financial improvements benefiting the local environment
and the economic quality of life for communities around the Salton
Sea. 
   2941.  Unless the context requires otherwise, the definitions set
forth in this section govern the construction of this article.
   (a) "Agency" means the Natural Resources Agency.
   (b) "Habitat mosaics" means two or more proximate habitat types,
such as saltwater shoreline abutting riverine deltas and irrigated
farmland. 
   (c) "Quantification Settlement Agreement" has the same meaning as
defined in subdivision (a) of Section 1 of Chapter 617 of the
Statutes of 2002.  
   (c) 
    (d)  "Salton Sea Authority"  or "authority 
 "  means the joint powers authority comprised of the County
of Imperial, the County of Riverside, the Imperial Irrigation
District, the Coachella Valley Water District, and the Torres
Martinez Desert Cahuilla Indian Tribe. 
   (d) 
    (e)  "Secretary" means the Secretary of the Natural
Resources Agency. 
   (f) "Technical advisory group" means the technical advisory group
formed pursuant to subdivision (b) of Section 2942. 
   2942.  (a) The Salton Sea Authority shall lead the Salton Sea
restoration efforts  and supervise the activities of the
technical advisory group  . Restoration efforts pursuant to this
article shall include all of the following:
   (1) Early start  species conservation  habitat
demonstration projects.
   (2) Biological investigations relating to the restoration of the
Salton Sea.
   (3) Investigations of water quality, sedimentation, and inflows
relating to the restoration of the Salton Sea.
   (4) Air quality investigations relating to the restoration of the
Salton Sea.
   (5) Geotechnical investigations relating to the restoration of the
Salton Sea.
   (6) Investigations of access and utility agreements relating to
the restoration of the Salton Sea. 
   (7) Analysis of feasible funding sources for restoration program
components and activities.  
   (8) Analysis of economic development opportunities, including, but
not limited to, renewable energy, biofuels, and mineral development.

   (b) (1) The  Salton Sea Authority  
authority, in coordination with the agency,  shall develop a
restoration plan to address the current and future conditions of the
Salton Sea.  In   The authority shall form a
technical advisory group, operating under the auspices of the
authority, which shall be comprised of representatives of authority
member agencies,   the department, the Department of Water
Resources, the State Energy Resources Conservation and Development
Commission, the State Air Resources Board, the United States
Geological Survey Salton Sea Science Office, environmental groups,
and local stakeholders. The technical advisory group shall provide
technical guidance to the board of the authority and the agency in
evaluating, developing, and refining Salton Sea restoration plans.

    (2)     In  developing the restoration
plan  pursuant to this section  , the  Salton Sea
Authority   authority, in coordination with the agency,
 shall consider the impacts of the restoration plan on air
quality, fish and wildlife habitat, water quality, and the technical
and financial feasibility of the restoration plan  and shall
coordinate with other agencies that remain responsible for air
quality, endangered species, and other environmental mitigation
requirements for implementation of the Quantification Settlement
Agreement  . 
   (2) 
    (3)   (A)    For the purpose of
developing a restoration plan pursuant to this section, the 
Salton Sea Authority   authority  shall evaluate
the  existing  Salton Sea restoration plans, including, but
not limited to, the alternatives described in Chapter 3 of Volume I
of the Salton Sea Restoration Program Draft Programmatic
Environmental Impact Report, dated October 2006, and the program
components of those alternatives. 
   (B) For the purpose of developing a restoration plan pursuant to
this section, the technical advisory group shall evaluate ongoing and
planned mitigation activities connected with the implementation of
the Quantification Settlement Agreement.  
   (C) The authority and the agency's evaluation and development of a
restoration plan pursuant to this section shall not delay the
planning and implementation of ongoing and planned mitigation
projects, including, but not limited to, the Salton Sea Species
Conservation Habitat Project or other mitigation measures pursuant to
existing state and federal programs and agreements.  
   (3) 
    (4)  (A) The  Salton Sea Authority 
 authority  shall report to the Governor and the Legislature
by June 30, 2014, with a recommended Salton Sea restoration plan.
   (B) A report required to be submitted pursuant to this paragraph
shall be submitted in compliance with Section 9795 of the Government
Code.
   (c) In conducting its duties pursuant to this section, the
 Salton Sea Authority   authority  shall do
both of the following:
   (1) Act  in a manner  consistent with the purposes of the
Salton Sea Restoration Fund specified in Section 2932.
   (2) Work collaboratively with the agency, the Department of Water
Resources, and interested parties.
   2943.  (a) The Salton Sea Authority shall provide ongoing,
publicly derived input to the secretary relating to  the
Salton Sea Authority's   its  responsibilities
under this article, including habitat objectives and actions, types
and levels of public access, and integration of air quality
management and habitat restoration.
   (b) The  Salton Sea Authority   authority
 shall assist the secretary to gain a broader understanding of
public and interest group perspectives.
   (c) The  Salton Sea Authority   authority
 shall provide focused review and discussion, and shall seek to
achieve consensus on significant matters, including the following:
   (1) Discussion and general agreement on design opportunities and
constraints, and integration of the habitat, public access, and air
quality management objectives.
   (2) Public access and recreational components.
   (3) Opportunities for economic development.
   (4) Habitat mosaics and location.
   (5) Vector management and predator control. 
   (6) Feasible financial resources to fund all recommended
restoration program components. 
   2944.  (a) The  Department of Fish and Game  
department  and the Department of Water Resources shall provide
the staff services, upon request of the Salton Sea Authority,
 using staff currently dedicated to Salton Sea activities or
other staff provided by legislative action,  that 
 to assist  the  Salton Sea Authority requires
  authority  to carry out the assigned functions,
including, but not limited to,  all of  the
following:
   (1) Administering grants and expenditures from the Salton Sea
Restoration Fund or other sources, including, but not limited to,
block grants from other state boards, commissions, or departments.
   (2) Administering contracts.
   (3) Arranging meetings, agendas, and other administrative
functions.
   (4) Communication and public outreach, including all of the
following:
   (A) Public meetings with interested parties, presentations, and
workshops.
   (B) A regularly updated project-specific Internet Web site.
   (C) E-mail and paper newsletters in English and Spanish.
   (5) Evaluation and implementation of restoration alternatives
necessary for the  Salton Sea Authority  
authority and the agency  to fulfill  its  
their  duties pursuant to Section 2942.
   (b) The  Director of Fish and Game   director
 and the Director of Water Resources shall enter into
interagency agreements with other state agencies  and the
authority  to provide the staff services, using staff dedicated
to Salton Sea activities or other staff provided by legislative
action, to carry out the functions of the  Salton Sea
Authority   authority  .
   (c) (1) Only funds deposited in the Salton Sea Restoration Fund or
nonstate funds may be expended to carry out this article.
   (2) The status of the Salton Sea Restoration Fund shall be
included in the Governor's proposed annual budget document, including
an accounting of funds expended and committed and the activities and
staff associated with those expenditures.
   2945.  (a) Nothing in this article interferes with or prevents the
exercise of authority by a public agency to carry out its programs,
projects, or responsibilities.
   (b) Nothing in this article affects requirements imposed under any
other provision of law.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.