California Legislature—2013–14 Regular Session

Assembly BillNo. 71


Introduced by Assembly Member V. Manuel Pérez

January 10, 2013


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

LEGISLATIVE COUNSEL’S DIGEST

AB 71, as introduced, V. Manuel Pérez. Salton Sea restoration.

(1) Existing law, until January 1, 2013, established 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 require the Secretary of the Natural Resources Agency, in consultation and coordination with the Salton Sea Authority, to lead Salton Sea restoration efforts. This bill would require the secretary, in consultation and coordination with the authority, to form a technical advisory group, as prescribed, to provide guidance about evaluating, developing, or proposing future restoration or economic development activities. This bill would also require the secretary to seek input from the authority with regard to specified components of restoration of the Salton Sea. By imposing duties on a local joint powers authority, the bill would impose a state-mandated local program.

(2) Existing law establishes the Salton Sea Restoration Fund and requires the fund to be administered by the Director of Fish and Wildlife. Existing law requires the money deposited in the fund to be expended, upon appropriation by the Legislature, for various purposes relating to the restoration of the Salton Sea.

This bill would authorize the authority to lead a restoration funding and feasibility study, in consultation with the agency and the technical advisory group, as prescribed. If the authority undertakes the study, this bill would require the Department of Fish and Wildlife to enter into a funding agreement for an amount of up to $2,000,000 from the Salton Sea Restoration Fund for the purposes of this study.

(3) 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 no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

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

4 

5Article 2.  Salton Sea Restoration
6

 

7

2940.  

The Legislature finds and declares all of the following:

8(a) The Salton Sea is California’s largest inland water body with
9beneficial uses that include fisheries and wildlife habitat and
10preservation of endangered species, and is a repository for
11agricultural drainage.

12(b) The Salton Sea ecosystem is a critical link on the
13international Pacific Flyway and supports over 400 species of
14birds.

15(c) The Salton Sea is threatened by increasing salinity and
16reduced inflows. These changes increasingly threaten the
17unparalleled wildlife resources at the sea, as well as air quality in
18the region.

19(d) In cooperation with local governments, nonprofit
20organizations, private businesses, and the public, the Salton Sea
21Authority can help protect wildlife habitats and endangered species,
22improve water and air quality, and enhance recreational
23opportunities in the region.

24(e) In restoring the Salton Sea, it is the intent of the Legislature
25to do all of the following:

P3    1(1) Permanently protect fish and wildlife that are dependent on
2the Salton Sea ecosystem.

3(2) Restore the long-term stable aquatic and shoreline habitat
4for fish and wildlife that depend on the Salton Sea.

5(3) Eliminate air quality impacts from restoration projects using
6the best available technology, as determined by the South Coast
7Air Quality Management District and the Imperial County Air
8 Pollution Control District.

9(4) Protect water quality.

10(5) Maintain the Salton Sea as a vital link along the Pacific
11Flyway.

12(6) Preserve local tribal heritage and cultural values associated
13with the Salton Sea.

14(7) Minimize noxious odors and other water and air quality
15problems.

16(8) Coordinate with state and federal agencies that are
17responsible for air quality, endangered species, and other
18environmental mitigation implementation requirements of the
19Quantification Settlement Agreement.

20(9) Enhance economic development opportunities that will
21provide sustainable financial improvements benefiting the local
22environment and the economic quality of life for communities
23around the Salton Sea.

24

2941.  

Unless the context requires otherwise, the definitions
25set forth in this section govern the construction of this article.

26(a) “Agency” means the Natural Resources Agency.

27(b) “Habitat mosaics” means two or more proximate habitat
28types, such as saltwater shoreline abutting riverine deltas and
29irrigated farmland.

30(c) “Quantification Settlement Agreement” has the same
31meaning as defined in subdivision (a) of Section 1 of Chapter 617
32of the Statutes of 2002.

33(d) “Salton Sea Authority” or “authority” means the joint powers
34authority comprised of the County of Imperial, the County of
35Riverside, the Imperial Irrigation District, the Coachella Valley
36Water District, and the Torres Martinez Desert Cahuilla Indian
37Tribe.

38(e) “Secretary” means the Secretary of the Natural Resources
39Agency.

P4    1(f) “Technical advisory group” means the technical advisory
2group formed pursuant to subdivision (b) of Section 2942.

3(g) “Vector management” means services that eliminate or
4reduce the risk of illness caused by any organism transporting a
5pathogen.

6

2942.  

(a) (1) The secretary, in consultation and coordination
7with the authority, shall lead the Salton Sea restoration efforts that
8shall include all of the following:

9(A) Early start habitat demonstration projects.

10(B) Biological investigations relating to the restoration of the
11Salton Sea.

12(C) Investigations of water quality, sedimentation, and inflows
13relating to the restoration of the Salton Sea.

14(D) Air quality investigations relating to the restoration of the
15Salton Sea.

16(E) Geotechnical investigations relating to the restoration of the
17Salton Sea.

18(F) Financial assistance grant programs to support restoration
19activities of local stakeholders.

20(2) The secretary and the Legislature shall maintain full authority
21and responsibility for any state obligation under the Quantification
22Settlement Agreement. The secretary and the Legislature shall
23have final approval for any proposed restoration plan.

24(3) (A) To the extent that funding is appropriated to the
25department for Salton Sea restoration activities, the Department
26of Water Resources, in coordination and under agreement with the
27department, may undertake restoration efforts identified in this
28subdivision.

29(B) The department and the Department of Water Resources
30shall do all of the following for the Salton Sea Species
31Conservation Habitat Project:

32(I) Immediately make available relevant information relating
33to the factors that influence the cost and size of the alternatives
34discussed in the environmental impact report or environmental
35impact statement for the species habitat conservation program.

36(ii) Release all available detail on a final project design
37immediately, or upon final determination of a least environmentally
38damaging preferred alternative by the United States Army Corps
39of Engineers. Details of a final project design shall include location,
40configuration, size, and cost.

P5    1(iii) Immediately make available project evaluation protocols
2that include the following principles of adaptive management:

3(I) Goals and objectives of the project.

4(II) The project design and an operations plan.

5(III) A monitoring plan that will include metrics that identify
6benefits to the species.

7(IV) A performance evaluation based on species population
8identified through monitoring.

9(V) A decisionmaking framework to evaluate project
10performance and guide operations and management changes.

11(b) (1) The secretary, in consultation and coordination with the
12authority, shall form a technical advisory group composed pursuant
13to paragraph (2) to provide guidance to the secretary and the
14authority in evaluating, developing, or proposing future restoration
15of or economic development activities restoring the, Salton Sea.

16(2) The technical advisory group shall be composed as follows:

17(A) The secretary, or his or her designee.

18(B) The secretary may include a representative from any of the
19following:

20(I) The department.

21(ii) The Department of Water Resources.

22(iii) The State Air Resources Board.

23(iv) The State Energy Resources Conservation and Development
24Commission.

25(C) The secretary shall invite the following entities to
26participate:

27(I) Local government agencies and tribal governments with
28geographic, economic, environmental health, or cultural interest
29in the Salton Sea.

30(ii) Nongovernmental organizations with environmental interests
31relating to the Salton Sea.

32(iii) The United States Geological Survey Salton Sea Science
33Office.

34(iv) Research institutions focused on research and development
35projects in the Salton Sea region.

36(c) (1) The authority may lead a restoration funding and
37feasibility study, in consultation with the agency and the technical
38advisory group, to do the following:

39(A) Investigate access and utility agreements that may contribute
40to the future funding of restoration activities at the Salton Sea.

P6    1(B) Analyze all feasible funding sources for restoration program
2components and activities.

3(C) Analyze economic development opportunities, including,
4but not limited to, renewable energy, biofuels, mineral
5development, and algae production for the purposes of identifying
6new revenue sources for the Salton Sea restoration efforts.

7(D) Identify state procurement and royalty sharing opportunities.

8(E) Review existing long-term plans for restoration of the Salton
9Sea and recommend to the technical advisory group and the
10secretary changes to existing restoration plans. In any review
11pursuant to this subparagraph, the authority shall consider the
12impacts of the restoration plan on air quality, fish and wildlife
13 habitat, water quality, and the technical and financial feasibility
14of the restoration plan and shall consider the impacts on other
15agencies responsible for air quality, endangered species, and other
16environmental mitigation requirements for implementation of the
17Quantification Settlement Agreement.

18(2) No evaluation, study, review, or other activity pursuant to
19this article shall delay the planning and implementation of ongoing
20and planned mitigation projects, including, but not limited to, the
21Salton Sea Species Conservation Habitat Project or other mitigation
22measures pursuant to existing state and federal programs and
23agreements, including, but not limited to, those programs and
24agreements undertaken pursuant to the Quantification Settlement
25Agreement.

26(3) (A) If the authority undertakes a study pursuant to paragraph
27(1), the department shall enter into a funding agreement with the
28authority for an amount of up to two million dollars ($2,000,000)
29from the Salton Sea Restoration Fund for the purposes of producing
30the restoration funding and feasibility review study. Provided that
31funding is available to the authority on or before July 1, 2014, the
32authority shall complete the study undertaken pursuant to this
33subdivision and present the study to the Governor and the
34Legislature on or before June 30, 2015.

35(B) A report required to be submitted pursuant to this paragraph
36shall be submitted in compliance with Section 9795 of the
37Government Code.

38

2943.  

For the purposes of considering local, publicly derived
39input concerning habitat objectives and actions, types and levels
40of public access, and integration of air quality management and
P7    1habitat restoration, the secretary shall seek input from the authority
2with regard to the following components of restoration of the Salton
3Sea:

4(a) Design opportunities and constraints, including the
5integration of the habitat, public access, and air quality
6management objectives.

7(b) Public access and recreational components.

8(c) Opportunities for economic development.

9(d) Habitat mosaics and location.

10(e) Vector management and predator control.

11(f) Feasible financial resources to fund all recommended
12restoration program components.

13

2945.  

(a) Nothing in this article interferes with or prevents the
14exercise of authority by a public agency to carry out its programs,
15projects, or responsibilities.

16(b) Nothing in this article affects requirements imposed under
17any other provision of law.

18

SEC. 2.  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district are the result of a program for which legislative authority
22was requested by that local agency or school district, within the
23meaning of Section 17556 of the Government Code and Section
246 of Article XIII B of the California Constitution.



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