Amended in Senate June 15, 2014

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 Sea restoration.

(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. The bill would eliminate the requirement that the secretary and the Legislature have final approval for any proposed restoration plan. The 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 to lead a feasibility study, in coordination and under contract 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,
18improve water and air quality, and enhance recreational
19opportunities in the region.

P3    1(e) In restoring the Salton Sea, it is the intent of the Legislature
2to do all of the following:

3(1) Protectbegin insert and provide long-term conservation ofend insert fish and
4wildlife that are dependent on the Salton Sea ecosystem.

5(2) Restore the long-term stable aquatic and shoreline habitat
6for fish and wildlife that depend on the Salton Sea.

7(3) Mitigate air quality impacts from restoration projects using
8the best available technology or best available control measures,
9as determined by the South Coast Air Quality Management District
10and the Imperial County Air Pollution Control District.

11(4) Protect water quality.

12(5) Maintain the Salton Sea as a vital link along the Pacific
13Flyway.

14(6) Preserve local tribal heritage and cultural values associated
15with the Salton Sea.

16(7) Minimize noxious odors and other water and air quality
17problems.

18(8) Coordinate with local, state, and federal agencies that are
19responsible for air quality, endangered species, and other
20environmental mitigation implementation requirements of the
21Quantification Settlement Agreement.

22(9) Enhance economic development opportunities that will
23provide sustainable financial improvements benefiting the local
24environment and the economic quality of life for communities
25around the Salton Sea.

26

SEC. 2.  

Section 2942 of the Fish and Game Code is amended
27to read:

28

2942.  

(a) (1) The secretary, in consultation and coordination
29with the authority, shall lead the Salton Sea restoration efforts that
30shall include all of the following:

31(A) Early start habitat demonstration projects.

32(B) Biological investigations relating to the restoration of the
33Salton Sea.

34(C) Investigations of water quality, sedimentation, and inflows
35relating to the restoration of the Salton Sea.

36(D) Air quality investigations, in consultation and coordination
37with local and regional air quality agencies, relating to the
38restoration of the Salton Sea.

39(E) Geotechnical investigations relating to the restoration of the
40Salton Sea.

P4    1(F) Financial assistance grant programs to support restoration
2activities of local stakeholders.

3(2) Nothing in this article shall alter any state responsibility
4under the Quantification Settlement Agreement or the state’s
5authority to carry out any responsibility under the Quantification
6Settlement Agreement.

7(3) (A) To the extent that funding is appropriated to the
8department for Salton Sea restoration activities, the Department
9of Water Resources, in coordination and under agreement with the
10 department, may undertake restoration efforts identified in this
11subdivision.

12(B) The department and the Department of Water Resources
13shall do all of the following for the Salton Sea Species
14Conservation Habitat Project:

15(i) Immediately make available relevant information relating to
16the factors that influence the cost and size of the alternatives
17 discussed in the environmental impact report or environmental
18impact statement for the species habitat conservation program.

19(ii) Release all available detail on a final project design
20immediately, or upon final determination of a least environmentally
21damaging preferred alternative by the United States Army Corps
22of Engineers. Details of a final project design shall include location,
23configuration, size, and cost.

24(iii) Immediately make available project evaluation protocols
25that include the following principles of adaptive management:

26(I) Goals and objectives of the project.

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

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

30(IV) A performance evaluation based on species population
31identified through monitoring.

32(V) A decisionmaking framework to evaluate project
33performance and guide operations and management changes.

34(b) (1) The authority may lead a feasibility study, in
35coordination and under contract with the secretary, to do the
36following:

37(A) Investigate access and utility agreements that may contribute
38to the future funding of restoration activities at the Salton Sea.

39(B) Analyze all feasible funding sources for restoration program
40components and activities.

P5    1(C) Analyze economic development opportunities, including,
2but not limited to, renewable energy, biofuels, mineral
3development, and algae production for the purposes of identifying
4new revenue sources for the Salton Sea restoration efforts.

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

6(E) Review existing long-term plans for restoration of the Salton
7Sea and recommend to the secretary changes to existing restoration
8plans. In any review pursuant to this subparagraph, the authority
9shall consider the impacts of the restoration plan on air quality,
10fish and wildlife habitat, water quality, and the technical and
11financial feasibility of the restoration plan and shall consider the
12impacts on other agencies responsible for air quality, endangered
13species, and other environmental mitigation requirements for
14implementation of the Quantification Settlement Agreement.

15(2) No evaluation, study, review, or other activity pursuant to
16this article shall delay the planning and implementation of ongoing
17and planned restoration or mitigation projects, including, but not
18limited to, the Salton Sea Species Conservation Habitat Project or
19other measures pursuant to existing state and federal programs and
20 agreements.



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