Amended in Senate March 24, 2014

Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 148


Introduced by Assembly Member V. Manuel Pérez

January 18, 2013


An act to amend Sections 2940 and 2942 of the Fish and Game Code, relating to the Salton Sea.

LEGISLATIVE COUNSEL’S DIGEST

AB 148, as amended, V. Manuel Pérez. Salton Seabegin delete Restoration.end deletebegin insert restoration.end insert

(1) Existing law requires the Secretary of the Natural Resources Agency, in consultation and coordination with the Salton Sea Authority, to lead Salton Sea restoration efforts. Existing law requires the secretary and the Legislature to maintain full authority and responsibility for any state obligation under a specified Quantification Settlement Agreement. Existing law requires the secretary and the Legislature to have final approval for any proposed restoration plan.

This bill would revise language stating legislative intent regarding restoring the Salton Sea.begin delete Thisend deletebegin insert Theend insert bill would eliminate the requirement that the secretary and the Legislature have final approval for any proposed restoration plan.begin delete Thisend deletebegin insert Theend insert bill would recast the requirement that the secretary and the Legislature maintain full authority and responsibility for any state obligation under the Quantification Settlement Agreement to instead provide that specified provisions of law do not alter any state responsibility under the Quantification Settlement Agreement or the state’s authority to carry out that responsibility.

(2) Existing law authorizes the Salton Sea Authority to lead a restoration funding and feasibility study, in consultation with the Natural Resources Agency, as prescribed.

This bill would instead authorize the authority tobegin delete undertakeend deletebegin insert leadend insert a feasibility study, inbegin delete consultationend deletebegin insert coordination and under contractend insert with the Secretary of the Natural Resources Agency, as prescribed.

(3) Existing law prohibits an evaluation, study, review, or other activity undertaken pursuant to specified provisions of law from delaying 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.

This bill would also prohibit an evaluation, study, review, or other activity undertaken pursuant to those provisions of law from delaying the planning and implementation of ongoing and planned restoration projects.

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

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

P2    1

SECTION 1.  

Section 2940 of the Fish and Game Code is
2amended to read:

3

2940.  

The Legislature finds and declares all of the following:

4(a) The Salton Sea is California’s largest inland water body with
5beneficial uses that include fisheries and wildlife habitat and
6preservation of endangered species, and is a repository for
7agricultural drainage.

8(b) The Salton Sea ecosystem is a critical link on the
9international Pacific Flyway and supports over 400 species of
10birds.

11(c) The Salton Sea is threatened by increasing salinity and
12reduced inflows. These changes increasingly threaten the
13unparalleled wildlife resources at the sea, as well as air quality in
14the region.

15(d) In cooperation with local governments, nonprofit
16organizations, private businesses, and the public, the Salton Sea
17Authority can help protect wildlife habitats and endangered species,
P3    1improve water and air quality, and enhance recreational
2opportunities in the region.

3(e) In restoring the Salton Sea, it is the intent of the Legislature
4to do all of the following:

5(1) Protect fish and wildlife that are dependent on the Salton
6Sea ecosystem.

7(2) Restore the long-term stable aquatic and shoreline habitat
8for fish and wildlife that depend on the Salton Sea.

9(3) Mitigate air quality impacts from restoration projects using
10the best available technology or best available control measures,
11as determined by the South Coast Air Quality Management District
12and the Imperial County Air Pollution Control District.

13(4) Protect water quality.

14(5) Maintain the Salton Sea as a vital link along the Pacific
15Flyway.

16(6) Preserve local tribal heritage and cultural values associated
17with the Salton Sea.

18(7) Minimize noxious odors and other water and air quality
19problems.

20(8) Coordinate with local, state, and federal agencies that are
21responsible for air quality, endangered species, and other
22environmental mitigation implementation requirements of the
23Quantification Settlement Agreement.

24(9) Enhance economic development opportunities that will
25provide sustainable financial improvements benefiting the local
26environment and the economic quality of life for communities
27around the Salton Sea.

28

SEC. 2.  

Section 2942 of the Fish and Game Code is amended
29to read:

30

2942.  

(a) (1) The secretary, in consultation and coordination
31with the authority, shall lead the Salton Sea restoration efforts that
32shall include all of the following:

33(A) Early start habitat demonstration projects.

34(B) Biological investigations relating to the restoration of the
35Salton Sea.

36(C) Investigations of water quality, sedimentation, and inflows
37relating to the restoration of the Salton Sea.

38(D) Air quality investigations, in consultation and coordination
39with local and regional air quality agencies, relating to the
40restoration of the Salton Sea.

P4    1(E) Geotechnical investigations relating to the restoration of the
2Salton Sea.

3(F) Financial assistance grant programs to support restoration
4activities of local stakeholders.

5(2) Nothing in this article shall alter any state responsibility
6under the Quantification Settlement Agreement or the state’s
7authority to carry out any responsibility under the Quantification
8Settlement Agreement.

9(3) (A) To the extent that funding is appropriated to the
10department for Salton Sea restoration activities, the Department
11of Water Resources, in coordination and under agreement with the
12department, may undertake restoration efforts identified in this
13subdivision.

14(B) The department and the Department of Water Resources
15shall do all of the following for the Salton Sea Species
16Conservation Habitat Project:

17(i) Immediately make available relevant information relating to
18the factors that influence the cost and size of the alternatives
19 discussed in the environmental impact report or environmental
20impact statement for the species habitat conservation program.

21(ii) Release all available detail on a final project design
22immediately, or upon final determination of a least environmentally
23damaging preferred alternative by the United States Army Corps
24of Engineers. Details of a final project design shall include location,
25configuration, size, and cost.

26(iii) Immediately make available project evaluation protocols
27that include the following principles of adaptive management:

28(I) Goals and objectives of the project.

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

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

32(IV) A performance evaluation based on species population
33identified through monitoring.

34(V) A decisionmaking framework to evaluate project
35performance and guide operations and management changes.

36(b) (1) The authority maybegin delete undertakeend deletebegin insert leadend insert a feasibility study, in
37begin delete consultationend deletebegin insert coordination and under contractend insert with the secretary,
38to do the following:

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

P5    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 secretary changes to existing restoration
10plans. In any review pursuant to this subparagraph, the authority
11shall consider the impacts of the restoration plan on air quality,
12fish and wildlife habitat, water quality, and the technical and
13financial feasibility of the restoration plan and shall consider the
14impacts on other agencies responsible for air quality, endangered
15species, and other environmental mitigation requirements for
16implementation of the Quantification Settlement Agreement.

17(2) No evaluation, study, review, or other activity pursuant to
18this article shall delay the planning and implementation of ongoing
19and planned restoration or mitigation projects, including, but not
20limited to, the Salton Sea Species Conservation Habitat Project or
21other measures pursuant to existing state and federal programs and
22 agreements.



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