BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2013-2014 Regular Session | | | ----------------------------------------------------------------- BILL NO: AB 148 HEARING DATE: June 10, 2014 AUTHOR: V. Manuel Perez URGENCY: No VERSION: March 20, 2014 CONSULTANT: Bill Craven DUAL REFERRAL: No FISCAL: Yes SUBJECT: Salton Sea restoration. BACKGROUND AND EXISTING LAW AB 71 (Perez) in 2013 required 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 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. The Quantification Settlement Agreement (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. AB 71 does the following: (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 1 regard to specified components of restoration of the Salton Sea. PROPOSED LAW This bill makes minor and technical changes to AB 71, as follows: (1) Clarifies that nothing in specific provisions of existing law authorizing the Secretary, in consultation with the SSA, to lead Salton Sea restoration efforts, alters any state responsibility or authority under the 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. ARGUMENTS IN SUPPORT 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. ARGUMENTS IN OPPOSITION None received COMMENTS 1. As a technical comment, it is worth noting that a finding (page 3, line 5) proposes to change the term "permanently protect fish and wildlife" to "protect fish and wildlife." One can understand that permanence may be illusory or unattainable from the perspective of a state agency charged with wildlife management. On the other hand, use of the word "protect," by itself, does not inspire confidence from wildlife advocates to the long-term dedication of state agencies to the management of 2 the many species that inhabit the Salton Sea. A reasonable construction that adopts the preferred standard of the administration and also uses a known, well-accepted, and defined term in the Fish and Game Code would provide: "Protect and provide long-term conservation to fish and wildlife that are dependent on the Salton Sea ecosystem." See amendment 1. SUGGESTED AMENDMENTS AMENDMENT 1 Page 3, line 5. Change "protect" to "protect and provide long-term conservation" SUPPORT Association of California Water Agencies OPPOSITION None Received 3