BILL NUMBER: AB 709	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Nestande

                        FEBRUARY 21, 2013

   An act to add Section 2932.7 to the Fish and Game Code, relating
to natural resources, and making an appropriation therefor.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 709, as introduced, Nestande. Salton Sea Authority: restoration
plan.
   (1) Existing law declares the intent of the Legislature that the
State of California undertake the restoration of the Salton Sea
ecosystem and the permanent protection of fish and wildlife dependent
on that ecosystem based on a restoration plan that provides for the
maximum feasible attainment of fish and wildlife restoration
objectives and, to the extent consistent with these objectives, the
protection of recreational opportunities and the creation of
opportunities for improved local economic conditions.
   Existing law authorizes the Salton Sea Authority (authority), a
joint powers authority formed by the County of Imperial, the County
of Riverside, the Coachella Valley Water District, and the Imperial
Irrigation District, to form an infrastructure financing district for
the purpose of funding the construction of, and purchasing
electrical power for, projects for the reclamation and environmental
restoration of the Salton Sea.
   This bill would require the Salton Sea Authority, by April 1,
2014, to develop a restoration plan that is financially feasible to
accomplish specified goals that include, among other things, the
restoration of long-term stable aquatic and shoreline habitat and the
mitigation of air quality impacts from restoration projects..
   (2) The Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 (Proposition
84), an initiative statute approved by the voters at the November 7,
2006, statewide general election, makes approximately $5,388,000,000
in bond funds available for safe drinking water, water quality and
supply, flood control, natural resource protection, and park
improvements, of which $47,000,000 is available for deposit into the
Salton Sea Restoration Fund, which is administered by the Director of
the Department of Fish and Wildlife, and requires that the moneys in
the fund be expended, upon appropriation by the Legislature, for,
among other things, the implementation of conservation measures
necessary to protect the fish and wildlife species dependent on the
Salton Sea.
    This bill would require the Salton Sea authority to submit, on or
before April 1, 2014, the restoration plan to the Legislative
Analyst (LAO) for review. The bill would require the LAO to complete
its review by June 1, 2014, and if the LAO determines that the plan
is financially feasible and that the authority is capable of
implementing the plan, the bill would continuously appropriate from
the Salton Sea Restoration Fund any moneys received under Proposition
84 to the authority to implement the plan.
   The bill would additionally require the Wildlife Conservation
Board to review the restoration plan to determine whether it is
eligible for federal matching funds and to seek those funds. The bill
would require that these funds be deposited in the Salton Sea
Restoration Fund and would continuously appropriate the moneys to the
authority to implement the restoration plan.
   Vote: majority. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2932.7 is added to the Fish and Game Code, to
read:
   2932.7.  (a) The Salton Sea Authority shall develop, by April 1,
2014, a restoration plan for the Salton Sea ecosystem that is
financially feasible to accomplish all of the following goals:
   (1) Restore long-term stable aquatic and shoreline habitat.
   (2) Mitigate air quality impacts from restoration projects.
   (3) Protect the water quality.
   (b) (1) The authority shall submit the restoration plan, on or
before April 1, 2014, to the Legislative Analyst for review. The
Legislative Analyst shall complete its review by June 1, 2014.
   (2) Upon the written determination of the Legislative Analyst,
submitted to the authority, that the plan is financially feasible and
that the authority is capable of implementing the plan, any moneys
made available under paragraph (3) of subdivision (b) of Section
75050 of the Public Resources Code and deposited in the Salton Sea
Restoration Fund are hereby continuously appropriated and made
available to the authority, without regard to fiscal years, for
expenditure for the purpose of implementing the plan.
   (c) (1) If the Legislative Analyst has made a determination
pursuant to subdivision (b) that the restoration plan is financially
feasible and that the authority is capable of implementing the plan,
the authority shall submit the plan to the Wildlife Conservation
Board, which shall review the plan and make a written determination
as to whether the plan is an eligible project under the Salton Sea
Reclamation Act of 1998 (Public Law 105-372) for which federal
matching funds are available for the acquisition, restoration, or
protection of habitat or habitat corridors that promote the recovery
of threatened, endangered, or fully protected species, to accomplish
the goals set forth in subdivision (a).
   (2) Upon the written determination of the board, submitted to the
authority, that the restoration plan is an eligible project pursuant
to paragraph (1), the board shall seek federal matching funds, which
shall be deposited in the Salton Sea Restoration Fund and which are
hereby continuously appropriated and made available to the authority,
without regard to fiscal years, for expenditure for the purpose of
implementing the restoration plan.