BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 148
                                                                  Page  1

          Date of Hearing:   January 14, 2014

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                                Anthony Rendon, Chair
               AB 148 (V. Manuel Perez) - As Amended:  January 6, 2014
           
          SUBJECT  :   Salton Sea

           SUMMARY  :   Makes technical and clarifying changes to provisions  
          of law enacted last year related to restoration of the Salton  
          Sea.  Specifically,  this bill  :

          1)Clarifies that nothing in specific provisions of existing law  
            authorizing the Secretary of the Natural Resources Agency  
            (Secretary), in consultation with the Salton Sea Authority  
            (SSA), to lead Salton Sea restoration efforts, alters any  
            state responsibility or authority under the Quantification  
            Settlement Agreement (QSA).

          2)Clarifies that the SSA may undertake a feasibility study in  
            consultation with the Secretary.

          3)Clarifies that studies and evaluations undertaken for purposes  
            of the feasibility study shall not delay the planning and  
            implementation of other ongoing and planned restoration or  
            mitigation projects, including, but not limited to, the Salton  
            Sea Species Conservation Habitat Project, or other measures  
            authorized pursuant to other existing state and federal  
            programs and agreements.

          4)Revises a statement of legislative intent regarding  
            restoration of the Salton Sea to refer to the Legislature's  
            intent to protect, rather than permanently protect, fish and  
            wildlife dependent on the Salton Sea ecosystem.

           EXISTING LAW  :

          1)Requires the Secretary, in consultation and coordination with  
            the SSA, to lead Salton Sea restoration efforts.

          2)Authorizes the SSA to lead a funding and feasibility study in  
            consultation with the Natural Resources Agency

          3)Requires the Secretary to seek input from the SSA with regard  
            to specified components of restoration of the Salton Sea.








                                                                  AB 148
                                                                  Page  2


           FISCAL EFFECT  :   Unknown

           COMMENTS  :   This bill makes primarily technical and clarifying  
          amendments to provisions of existing law enacted last year by AB  
          71 (V. Manuel Perez).  AB 71 required the Secretary, in  
          consultation and coordination with the SSA, to lead Salton Sea  
          restoration efforts, and authorized the SSA to lead a funding  
          and feasibility study in consultation with the Natural Resources  
          Agency.   AB 71 filled the governance void created by  
          elimination of the Salton Sea Restoration Council in the 2012  
          Budget Act.  According to the author, the technical corrections  
          in this bill are being taken at the request of the  
          Administration to clarify that AB 71 did not alter any state  
          responsibilities or authorities under the QSA.

          The QSA is a collection of agreements between the Imperial  
          Irrigation District (IID), Metropolitan Water District, San  
          Diego County Water Authority, the Coachella Valley Water  
          District, and the state, that included approval of water  
          transfers from IID to San Diego, 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.  In 2003, the Legislature approved a package of  
          implementing legislation related to the QSA and calling for  
          restoration of the Salton Sea. 

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








                                                                  AB 148
                                                                  Page  3

          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.  The shrinking Sea also  
          poses significant air quality concerns for residents in the  
          region.

          Most recently, the state has begun moving forward with some  
          habitat restoration projects around the Salton Sea called for in  
          the recently approved state and federal Salton Sea Species  
          Conservation Habitat Project EIR/EIS.  The IID also recently  
          released a report on the potential for renewable energy  
          development around the Sea to help fund restoration efforts.   
          The report notes significant revenue generation potential,  
          particularly for geothermal and mineral recovery, but also notes  
          there are significant challenges in realizing that potential,  
          including the need for financing and construction of an energy  
          transmission line to deliver energy generated at the Sea to  
          buyers in other regions. 

          One provision of this bill that could potentially be interpreted  
          as a policy change from last year's AB 71, instead in effect  
          establishes a savings clause that clarifies the intent of AB 71  
          was not to alter the state's responsibilities or authorities  
          under the QSA.  The language of AB 71 that is being modified and  
          which took effect on January 1 of this year currently reads "the  
          secretary and the Legislature shall maintain full authority and  
          responsibility for any state obligation under the Quantification  
          Settlement Agreement.  The secretary and the Legislature shall  
          have final approval for any proposed restoration plan."  This  
          language is being modified in AB 148 to read instead "Nothing in  
          this article shall alter any state responsibility under the  
          Quantification Settlement Agreement or the state's authority to  
          carry out any responsibility under the Quantification Settlement  
          Agreement."  According to the author, this rewording more  
          accurately reflects the intent of AB 71, which was not to alter  
          or affect the Legislature's or state's responsibilities or  
          authorities under the QSA.  Additionally, with regard to the  
          approval of restoration plans, the Legislature retains its role  
          of establishing the policies guiding restoration plans, which it  
          has done by specifying in statute in Section 2942(a)(1) what the  
          restoration efforts are to include.  That language is unchanged  
          by this bill. The Legislature also retains its discretion and  
          authority to approve any future state appropriations for funding  
          of restoration.








                                                                  AB 148
                                                                  Page  4

                      

           REGISTERED SUPPORT / OPPOSITION  :   

           Support                              Opposition  
          None on file.                 None on file.

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