BILL ANALYSIS Ó AB 71 Page 1 ASSEMBLY THIRD READING AB 71 (V. Manuel Pérez) As Amended April 18, 2013 Majority vote WATER, PARKS & WILDLIFE 15-0 APPROPRIATIONS 17-0 ----------------------------------------------------------------- |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 | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- 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. AB 71 Page 2 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 AB 71 Page 3 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. AB 71 Page 4 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 AB 71 Page 5 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 FN: 0000179