BILL ANALYSIS
SB 51
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 51
AUTHOR: Ducheny
AMENDED: April 20, 2009
FISCAL: Yes HEARING DATE: April 27, 2009
URGENCY: No CONSULTANT: Randy Pestor
SUBJECT : SALTON SEA RESTORATION COUNCIL
SUMMARY :
Existing law , under the Salton Sea Restoration Act:
1) Establishes the Salton Sea Restoration Fund to be expended
for certain purposes upon appropriation by the Legislature
(e.g., environmental and engineering studies;
implementation of conservation measures; administrative,
technical, and public outreach).
2) Requires funding from certain sources for acquisition,
grants, or other activities that directly restore the
Salton Sea and its transboundary watersheds.
3) Prohibits moneys deposited in the Fund from being expended
for mitigation, except for mitigation undertaken by the
state.
4) Authorizes the Department of Water Resources to contract
with water suppliers to purchase and sell water to achieve
the goals of the Act, under certain conditions.
This bill enacts requirements for a Salton Sea Restoration
Council that:
1) Creates the Council within the Natural Resources Agency to
carry out certain purposes (e.g., implementing certain
restoration programs, developing and implementing certain
pilot and demonstration projects, permanently protecting
fish and wildlife, preserving local tribal heritage and
cultural values associated with the sea) in collaboration
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with local governments and interested parties.
2) Specifies composition of the council (e.g., groups
representing certain interests, 14-member executive
committee) and sets requirements for those groups and the
executive committee.
3) Requires the executive committee to serve as the council
governing body and provide overall guidance and oversight
on behalf of the restoration program, and requires the
Department of Fish and Game (DFG) to implement and be
responsible for all planning components. The executive
committee must make decisions by a 2/3 majority of the
total number of voting members, and the voting members must
annually elect officers.
4) Authorizes only funds deposited in the Salton Sea
Restoration Fund or nonstate funds to be expended to carry
out this bill's requirements.
5) Requires the Secretary of the Natural Resources Agency to
select an executive director that must be exempt from civil
service and serve at the pleasure of the executive
committee.
6) Requires DFG to provide staff, currently dedicated to
Salton Sea activities or other staff provided by
legislative action, that the council requires to carry out
certain functions (e.g., administering grants and
expenditures, arranging meetings and agendas, communication
and public outreach), and requires the DFG director to
enter into interagency agreements to carry out certain
purposes.
7) Provides that the council's jurisdiction is limited to the
Salton Sea watershed within the state and does not grant
the council authority of a city, county, or tribal
government to regulate land use; any authority to regulate
activities on land, unless the regulation is carried out
pursuant to an agreement with an owner of an interest in
land; authority over water rights held by others; and any
air quality regulatory authority.
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COMMENTS :
1) Purpose of Bill . The author believes this bill is
necessary to address economic, engineering, environmental,
and scientific issues involving restoration of the Salton
Sea, while fulfilling the state's obligations to the Salton
Sea. The author is concerned about the declining Salton
Sea ecosystem, including increasing salinity and
deteriorating habitat values.
According to the author, "In 2003 the implementing legislation
for the Quantification Settlement Agreement called on the
state to develop a Salton Sea restoration plan. The
legislation required the Secretary of Resources, through an
intense public process, to prepare a restoration plan by
the end of 2006. The Resources Agency presented the
Preferred Restoration Plan and Funding Report to the
Legislature in May 2007. This bill would develop the
governance structure which would oversee project
implementation and restoration of the Salton Sea."
2) Related legislation . SB 51 is similar to SB 1256 of 2008,
except that SB 51: a) provides that certain appointments
are conditioned on the entity board agreeing to do so; b)
requires a voting member to recuse himself or herself if a
conflict exists; c) requires the status of the Salton Sea
Restoration Fund to be included in the Governor's annual
Budget; and d) requires that DFG staff assisting the
council, as well as other agency staff involved with the
council through interagency agreements, be those staff
currently dedicated to Salton Sea activities or other staff
provided through legislative action.
SB 1256 was held on the Senate Appropriations Committee
Suspense file.
3) Clarification needed . As noted above, SB 51 provides that
the council is not granted authority over certain matters
(e.g., land use, air quality, water rights). This
provision should also clarify that the council does not
have other regulatory authority, that this bill does not
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interfere with an existing agency's authority, and that
this bill is not a limitation on mitigation requirements or
compliance with other provisions of law.
SOURCE : Senator Ducheny
SUPPORT : American Federation of State, County and
Municipal Employees (AFSCME) AFL-CIO; Audubon
California, California Outdoor Heritage
Alliance, Defenders of Wildlife, Imperial
County, Pacific Institute, Planning and
Conservation League, Sierra Club California
OPPOSITION : None on file