BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 71
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          ASSEMBLY THIRD READING
          AB 71 (V. Manuel Pérez) 
          As Amended  April 18, 2013
          Majority vote 

           WATER, PARKS & WILDLIFE       15-0                   
          APPROPRIATIONS      17-0                            
           
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          |Ayes:|Rendon, Bigelow, Allen,   |Ayes:|Gatto, Harkey, Bigelow,   |
          |     |Blumenfield, Bocanegra,   |     |Bocanegra, Bradford, Ian  |
          |     |Dahle, Fong, Frazier,     |     |Calderon, Campos,         |
          |     |Beth Gaines, Gatto,       |     |Donnelly, Eggman, Gomez,  |
          |     |Gomez, Gray, Patterson,   |     |Hall, Holden, Linder,     |
          |     |Yamada, Bloom             |     |Pan, Quirk, Wagner, Weber |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
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           SUMMARY  :  Requires the Secretary of the Natural Resources  
          Agency, in consultation and coordination with the Salton Sea  
          Authority, to lead Salton Sea restoration efforts.   
          Specifically,  this bill  :

          1)Requires the Secretary of the Natural Resources Agency  
            (Secretary), in consultation and coordination with the Salton  
            Sea Authority (SSA), to lead Salton Sea restoration efforts,  
            and provides that such restoration efforts shall include:  a)  
            early start habitat demonstration projects; b) biological  
            investigations; c) investigations of water quality,  
            sedimentation and inflows; d) air quality investigations in  
            consultation and coordination with air quality agencies; e)  
            geotechnical investigations; and, f) local financial  
            assistance grant programs.

          2)Provides that the Secretary and the Legislature shall maintain  
            full authority and responsibility for any state obligation  
            under the Quantification Settlement Agreement (QSA), and shall  
            have final approval for any proposed restoration plan.

          3)Authorizes the Department of Water Resources (DWR), to the  
            extent funding is available for this purpose, to undertake  
            Salton Sea restoration efforts, and requires DWR to disclose  
            specified information relating to the Salton Sea Species  
            Conservation Habitat Project.









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          4)Requires the Secretary, in consultation and coordination with  
            the SSA, to form a technical advisory group including the  
            Secretary and representatives of specified state departments,  
            local agencies, tribal governments, nonprofit environmental  
            organizations, the United States Geological Survey, and  
            research institutions.

          5)Authorizes the SSA to undertake a restoration funding and  
            feasibility study, in consultation with the Natural Resources  
            Agency and the technical advisory group, and requires the  
            study to include specified elements.  

          6)Requires the Secretary to seek input from the SSA with regard  
            to specific restoration components, including design options  
            and integration of habitat, public access and air quality  
            objectives, public access and recreation, economic development  
            opportunities, habitat locations, vector and predator control,  
            and feasible financial resources to fund restoration.

          7)States legislative findings and declarations regarding the  
            Salton Sea (Sea) and its benefits and threats.  States  
            legislative intent to permanently protect fish and wildlife  
            dependent on the Sea, restore habitat, mitigate air quality  
            impacts, protect water quality, maintain the Sea as a vital  
            link in the Pacific Flyway, preserve local tribal heritage and  
            cultural values, minimize noxious odors, coordinate with other  
            agencies with responsibilities under the QSA, and enhance  
            economic development opportunities.       

           EXISTING LAW  :  

          1)Establishes the Salton Sea Restoration Act which states  
            legislative intent that:  a) the state undertake the  
            restoration of the Salton Sea ecosystem and the permanent  
            protection of the wildlife dependent on that ecosystem;  b)  
            that restoration be based on the preferred alternative  
            developed as a result of a restoration study and alternative  
            selection process; and, c) that the preferred alternative  
            provide the maximum feasible attainment of specified  
            environmental objectives, including restoration of long-term  
            stable aquatic and shoreline habitat to historic levels and  
            diversity of fish and wildlife dependent on the Salton Sea,  
            elimination of air quality impacts from restoration projects,  
            and protection of water quality.  Provides that for purposes  
            of the restoration plan the Salton Sea ecosystem includes the  








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            Salton Sea, agricultural lands surrounding the Sea, and the  
            tributaries and drains within Imperial and Coachella Valleys  
            that deliver water to the Sea.

          2)Requires the Secretary of the Resources Agency (now the  
            Natural Resources Agency), in consultation with the Department  
            of Fish and Game (now DFW), DWR, the SSA, air quality  
            districts, and the Salton Sea Advisory Committee to undertake  
            a restoration study to determine a preferred alternative for  
            restoration of the Salton Sea, to prepare a Programmatic  
            Environmental Impact Report (PEIR) analyzing the alternatives,  
            and to submit a preferred alternative to the Legislature on or  
            before December 31, 2006.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, minor, absorbable costs to the Natural Resources  
          Agency for overseeing the restoration effort.  

           COMMENTS  :  This bill establishes a governance process to guide  
          activities related to restoration of the Salton Sea.  In 2010  
          the Legislature passed and the Governor signed SB 51 (Ducheny),  
          Chapter 303, Statutes of 2010, which, among other things,  
          established the Salton Sea Restoration Council (Council) to  
          serve as the state agency responsible for overseeing restoration  
          of the Salton Sea.  SB 51 required the Council to evaluate  
          Salton Sea restoration plans and to report to the Governor and  
          the Legislature by June 30, 2013, with a recommended restoration  
          plan.  The Governor's 2012 Reorganization Plan, as modified by  
          budget trailer bill SB 1018 (Leno), Chapter 39, Statutes of  
          2012, eliminated the Council, effective December 31, 2012,  
          before the Council ever actually met.

          According to the author, this bill seeks to fill the void  
          created by elimination of the Council, while ensuring that local  
          stakeholders have a voice in restoration decision making.  It  
          does so by providing that the Natural Resources Agency shall be  
          the lead agency for restoration efforts at the Sea, but shall do  
          so in consultation and coordination with the SSA.  The SSA is a  
          local Joint Powers Authority made up of the following five  
          entities:  Riverside County, Imperial County, Imperial  
          Irrigation District (IID), Coachella Valley Water District  
          (CVWD), and the Torres Martinez Desert Cahuilla Indians Tribe.   
          This bill also calls for formation of a technical advisory group  
          to assist the Natural Resources Agency and help guide  
          restoration activities at the Sea.  








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          Prior to enactment of SB 51 (Ducheny), the law provided that the  
          Natural Resources Agency would serve as lead agency for Salton  
          Sea restoration and work cooperatively with DWR, the State Air  
          Resources Board, the State Water Resources Control Board, and  
          DFW.  The Natural Resources Agency was designated to serve as  
          lead agency for implementation, in partnership with one or more  
          of its departments, unless and until legislation was enacted  
          establishing a new governing structure for restoration of the  
          Sea.  SB 51, enacted in 2010, created a new governing structure  
          with the establishment of the Council.  However, as noted above,  
          the Council was repealed last year.  
            
          The Salton Sea, California's largest lake, is located in a  
          low-lying trough or desert sink in Southern California, much of  
          which is below sea level.  The current sea was formed in 1905  
          when the Colorado River flooded its banks at a faulty irrigation  
          diversion site.  However, the sea bed has periodically filled  
          and receded numerous times, from prehistoric times through the  
          1800s.  The present sea is fed primarily by agricultural runoff.  
           Since it has no natural outlet, it is becoming increasingly  
          saline and is considerably saltier than the ocean.  In 2003, the  
          Legislature approved a package of implementing legislation  
          related to the QSA and calling for restoration of the Salton  
          Sea.  The QSA is a collection of agreements between the IID,  
          Metropolitan Water District, San Diego County Water Authority,  
          the CVWD, and the state, that included approval of water  
          transfers from IID, settled a number of claims to the Colorado  
          River, and provided a transition period for the state to reduce  
          its consumption of Colorado River water to its 4.4 million acre  
          feet entitlement.  Under the QSA, the amount of water flowing  
          into the Salton Sea will be significantly reduced after 2017.

          The Natural Resources Agency in 2007 completed a Salton Sea  
          restoration study that looked at various restoration  
          alternatives.  It was estimated that the preferred alternative  
          identified by the Agency at that time would cost at least $8  
          billion to implement, but no funding plan was ever developed.   
          The study also estimated that even the "no project alternative"  
          would cost at least $1 billion.  Since then, a number of  
          questions have arisen regarding the feasibility of the 2007  
          proposed alternative, and it has not been approved by the  
          Legislature.

          The Salton Sea is one of the most important wetland areas in  








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          California for migratory waterfowl and shorebirds, since over  
          95% of California's historical wetlands have been converted to  
          other land uses.  The Salton Sea supports over 400 species of  
          birds, and is an internationally significant stopover site for  
          hundreds of thousands of birds migrating along the Pacific  
          Flyway.  Recently, fishery resources in the sea have declined  
          significantly due to increasing salinity, evaporation and  
          declining water quality.  It is generally recognized that  
          without restoration efforts the ecosystem of the Salton Sea will  
          collapse over the next decade or two.


           Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096  
           

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