BILL ANALYSIS                                                                                                                                                                                                    Ó





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2013-2014 Regular Session                    |
          |                                                                 |
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          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  
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          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  
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          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

























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