BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 1095


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          CONCURRENCE IN SENATE AMENDMENTS


          AB  
          1095 (Eduardo Garcia)


          As Amended  July 7, 2015


          Majority vote


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          |ASSEMBLY:  | 78-0 | (June 3,      |SENATE: |39-0  | (August 31,     |
          |           |      |2015)          |        |      |2015)            |
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          Original Committee Reference:  W., P., & W.


          SUMMARY:  Requires the California Natural Resources Agency  
          (CNRA), on or before March 31, 2016, to submit to the  
          Legislature a list of shovel-ready Salton Sea restoration  
          projects, including information regarding project costs and  
          project completion timelines.


          The Senate amendments define "shovel ready" as projects that are  
          in the final planning, environmental review, or permitting  
          phase.


          EXISTING LAW:  


          1)Authorizes $7.545 billion in general obligation funding for  
            water-related projects and programs in Proposition 1 (2014),  
            the Safe Drinking Water, Quality, and Infrastructure Act of  








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            2014 (Proposition 1) including $475 million to fulfill State  
            obligations related to:  the Klamath Agreements; Tahoe  
            Compact; San Joaquin River Restoration Agreement; Salton Sea  
            Restoration; and, Central Valley Project Improvement Act  
            refuge water supplies.
          2)Establishes the Salton Sea Restoration Act (SSRA) with the  
            legislative intent of providing that the State of California  
            undertakes restoration of the Salton Sea ecosystem and the  
            permanent protection of the wildlife dependent on that  
            ecosystem based on a "preferred alternative" that is developed  
            as a result of a restoration study and alternative selection  
            process. 


          3)Requires the SSRA preferred alternative to provide the maximum  
            feasible attainment of specified environmental objectives,  
            including restoration of long-term stable aquatic and  
            shoreline habitat to historic levels and diversity of fish and  
            wildlife dependent on the Salton Sea, elimination of air  
            quality impacts from restoration projects, and protection of  
            water quality.


          4)Requires the CNRA Secretary, in consultation with the  
            Department of Fish and Wildlife (DFW), the Department of Water  
            Resources (DWR), the Salton Sea Authority (SSA), air quality  
            districts, and the Salton Sea Advisory Committee, undertake a  
            restoration study to determine a preferred alternative for  
            restoration of the Salton Sea, prepare a Programmatic  
            Environmental Impact Report analyzing the alternatives, and  
            submit a preferred alternative to the Legislature on or before  
            December 31, 2006.


          5)Establishes the Salton Sea Restoration Fund, which is  
            administered by the DFW Director, upon Legislative  
            appropriation, for:  environmental and engineering studies  
            related to restoration of the Salton Sea; implementation of  
            the preferred Salton Sea restoration alternative and  
            conservation measures necessary to protect fish and wildlife  
            dependent on the Sea; and, administrative, technical, and  
            public outreach costs related to development and selection of  








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            the preferred Salton Sea restoration alternative.   


          FISCAL EFFECT:  According to the Senate Appropriations  
          Committee, pursuant to Senate Rule 28.8, negligible state costs.


          COMMENTS:  The Senate amendments add language requested by the  
          author to clarify what constitutes a shovel ready project.  The  
          author states that absent such clarity, the shovel ready project  
          list could potentially be cut short or minimal.  The author adds  
          that clarifying that shovel ready means those projects in the  
          final design, permitting, or engineering phase will ensure that  
          more projects that will help the Salton Sea are identified and  
          therefore funded. 


          The need to identify projects that will help the Salton Sea is  
          urgent.  The modern Salton Sea was accidentally created in 1905  
          when work on a canal led to a breach that allowed the entire  
          flow of the Colorado River to empty into the Salton Sink for two  
          years, filling the historic dry lake bed and creating one of the  
          largest lakes in California.  The Salton Sea's water level is  
          currently maintained primarily by agricultural runoff which,  
          under the Quantification Settlement Agreement (QSA), will start  
          being reduced in 2017.  


          The QSA is related to California's dependence on imported  
          Colorado River water.  The Colorado River Compact is a 1922  
          agreement among the seven Colorado River basin states as to how  
          they will apportion an annual average of 15 million acre-feet  
          (MAF) in Colorado River flows.  As the rest of the southwest  
          grew, the six other basin states began to pressure the Secretary  
          of the Interior to give California a deadline to come up with a  
          plan to ratchet back to its original allocation of 4.4 MAF  
          rather than continuing to use about 5.2 MAF.  In response, the  
          federal government threatened to discontinue declaring surpluses  
          and cut off the extra water supply until California came up with  
          a "4.4 Plan."  Thereafter, the major Colorado River water rights  
          holders, Imperial Irrigation District (IID), the Metropolitan  
          Water District of Southern California, the San Diego County  








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          Water Authority, and the Coachella Valley Water District,  
          entered into the QSA to help meet the 4.4 Plan.  The QSA is a  
          complex set of agreements to quantify water rights, engage in a  
          series of water transfers, and restore the Salton Sea.  


          The reason for including Salton Sea restoration is that,  
          beginning in 2017, QSA-related ag-to-urban water transfers will  
          reduce the agricultural runoff from IID that was providing  
          significant inflow to the Sea.  As a result, the Sea will shrink  
          considerably in size, increasing in salinity and potentially  
          exposing more than 100 miles of dusty lakebed to the desert  
          winds.  This will chronically and adversely affect both the  
          environment and human health. For example, 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.  Fine particles could also  
          blow over the Coachella and Imperial Valleys with the latter  
          already suffering from the highest childhood asthma  
          hospitalization rate in the state and both areas containing high  
          numbers of seniors who are especially susceptible to poor air  
          quality.


          Analysis Prepared by:                                             
                          Tina Leahy / W., P., & W. / (916) 319-2096  FN:  
          0001388