BILL ANALYSIS
SB 51
Page 1
Date of Hearing: June 29, 2010
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared William Huffman, Chair
SB 51 (Ducheny) - As Amended: June 21, 2010
SENATE VOTE : 37-0
SUBJECT : Salton Sea
SUMMARY : Establishes the Salton Sea Restoration Council
(Council) as a state agency in the Natural Resources Agency to
oversee restoration of the Salton Sea. Specifically, this bill :
1)States legislative findings and declarations regarding the
values of the Salton Sea, and states the Legislature's intent
in restoring the Salton Sea to permanently protect fish and
wildlife dependent on the Salton Sea ecosystem, restore
aquatic and shoreline habitat, eliminate air quality impacts,
protect water quality, maintain the sea as a vital link in the
Pacific flyway, preserve local tribal values, and minimize
noxious odors.
2)Establishes the Council as a state agency within the Natural
Resources Agency to oversee restoration of the Salton Sea,
including: early start habitat demonstration projects;
biological, water quality, air quality, geotechnical,
sedimentation and inflow investigations; investigation of
access and utility agreements; and evaluation of restoration
plans, including but not limited to alternatives described in
the Resource Agency's October 2006 Salton Sea Draft
Programmatic Environmental Impact Report (PEIR).
3)Requires the Council to report to the Governor and the
Legislature by an unspecified date with a recommended
restoration plan. Requires the Council in recommending a
restoration plan, to consider the impacts of the plan on air
quality, fish and wildlife habitat, water quality, and the
technical and financial feasibility of the restoration plan.
4)Provides that the Council shall consist of a 16 member
executive committee, a science committee, a local government
forum, and a stakeholder forum.
5)Provides that the executive committee shall serve as the
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governing body of the Council and provide overall guidance and
oversight of the restoration program. Provides that the
executive committee shall make decisions by a two-thirds
majority vote, and that 12 voting members shall constitute a
quorum. Provides for election of officers for the executive
committee.
6)Requires that the executive committee include the director of
the Department of Fish and Game (DFG), the director of the
Department of Water Resources (DWR), the director of the
Department of Parks & Recreation (DPR), the chair of the State
Water Resources Control Board (SWRCB), the chair of the State
Air Resources Board, the State Treasurer, the director of the
Department of Finance, three public members appointed one each
by the Governor, Assembly and Senate, one member from the
Imperial County Board of Supervisors, one member from the
Riverside County Board of Supervisors, one member from the
Coachella Valley Water District (CVWD), one member from the
Imperial Irrigation District (IID), and one member each from
the Torres Martinez Band of Desert Cahuilla Indians and the
Cabazon Band of Mission Indians. Nonvoting members of the
executive committee shall include the lead scientist and
representatives of specified federal agencies. Provides that
members of the executive committee shall serve without
compensation but may be reimbursed for expenses.
7)Requires that the science committee shall include a lead
scientist, to be appointed by the United States Geological
Survey Salton Sea Science Office or the executive committee,
and other experts familiar with large-scale wetlands, marine
restoration, adaptive management, long-term monitoring, dike
design and dredging, water treatment and hydraulics. The
scientists shall serve without compensation but may be
reimbursed for expenses. Responsibilities of the science
committee include to provide best available science and
engineering oversight, to provide periodic review of local
technical investigations, to consult with and advise the
stakeholder forum, and provide guidance on ongoing short-term
planning.
8)Requires the local government forum to include elected
representatives from within the Salton Sea Watershed and
authorizes the forum to include local air pollution control
officials. Requires the Council to request the Salton Sea
Authority to assist with the forum. Responsibilities of the
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local government forum include to facilitate communication
between local governments and landowners, the executive
committee and the stakeholder forum.
9)Requires the stakeholder forum to consist of interested
persons, as determined by the executive committee,
representing ten specified categories of persons.
Responsibilities of the stakeholder forum include to provide
ongoing, public input to the executive committee, and to
assist the executive committee in understanding public and
interest group perspectives. Requires the stakeholder forum
to provide focused review and discussion, and to seek to
achieve consensus on: design opportunities and constraints;
integration of habitat, public access and air quality
management objectives; public access and recreation;
opportunities for economic development; habitat location; and
vector management and predator control.
10)Requires DFG to implement and be responsible for
implementation of early start habitat demonstration projects
and biological investigations relating to restoration.
11)Requires DWR to be responsible for implementation of
investigations of water quality, sedimentation, inflows, air
quality, geotechnical, and access and utility agreements
relating to restoration.
12)Authorizes the Council to sue and be sued and to enter into
contracts and agreements.
13)Provides that only funds deposited in the Salton Sea
Restoration Fund or nonstate funds may be expended to carry
out this article. Requires that the status of the Salton Sea
Restoration Fund shall be included in the Governor's proposed
annual budget document. Requires the Council to advise DFG
with regard to expenditure of funds from the Salton Sea
Restoration Fund.
14)Provides that the secretary of the State Natural Resources
Agency shall select, in consultation with the executive
committee, the executive director of the Council, who shall be
exempt from civil service and serve at the pleasure of the
executive committee.
15)Requires DFG and DWR to provide staff services for the
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Council, using staff currently dedicated to Salton Sea
activities or other staff provided by legislative action,
including but not limited to, administering grants and
expenditures, administering contracts, arranging meetings,
handling communication and public outreach, holding public
meetings and workshops, maintaining a regularly updated Web
site, and providing electronic mail and paper newsletters in
English and Spanish.
16)Provides that either the director of DFG or the director of
DWR shall enter into interagency agreements with other state
agencies to provide staff services.
17)Clarifies that the Council's jurisdiction is limited to the
Salton Sea watershed within California, and that this bill
does not grant to the Council any regulatory authority or any
authority over land use, water rights or air quality.
EXISTING LAW :
1)Establishes the Salton Sea Restoration Act which states
legislative intent that: a) the state undertake the
restoration of the Salton Sea ecosystem and the permanent
protection of the wildlife dependent on that ecosystem; b)
the restoration be based on the preferred alternative
developed as a result of the restoration study and alternative
selection process; and c) the preferred alternative 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. Provides that for purposes of the restoration
plan the Salton Sea ecosystem includes the Salton Sea,
agricultural lands surrounding the Sea, and the tributaries
and drains within Imperial and Coachella Valleys that deliver
water to the Sea.
2)Required the Secretary of the Resources Agency, in
consultation with DFG, DWR, the Salton Sea Authority, air
quality districts, and the Salton Sea Advisory Committee to
undertake a restoration study to determine a preferred
alternative for restoration of the Salton Sea, to prepare a
PEIR analyzing the alternatives, and to submit a preferred
alternative to the Legislature on or before December 31, 2006.
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The Resources Agency released the draft PEIR in October of
2006, and published the Final PEIR and submitted its preferred
alternative to the Legislature in May 2007.
3)Requires the Resources Agency to act as lead agency for Salton
Sea restoration and to work cooperatively with staff from DWR,
the State Air Resources Board, the State Water Resources
Control Board, and DFG. Requires the Resources Agency to
continue to serve as lead agency for implementation, in
partnership with one or more of its departments, unless and
until legislation is enacted establishing a new governing
structure for restoration of the Sea.
4)Limits authorized funding of activities and expenditures for
Salton Sea restoration to Period 1 activities identified in
the draft PEIR for completion in the first 5 years of
implementation.
FISCAL EFFECT : Unknown
COMMENTS : This bill establishes the Salton Sea Restoration
Council as a state agency within the State Natural Resources
Agency, to serve as the governing entity to oversee activities
related to restoration of the Salton Sea. Among other things,
this bill directs the Council to evaluate various restoration
plans and report to the Legislature by an as yet unspecified
date with a recommended restoration plan. The Council would
consist of an executive committee, composed of existing state
agencies and public members. A science committee, local
government forum, and stakeholder forum would also be created.
DFG and DWR would provide the primary administrative staff
support services for the council, and would have responsibility
for implementing various aspects of restoration and planning.
Importantly, this bill also provides that only funds deposited
in the Salton Sea Restoration Fund or nonstate funds may be used
to carry out this bill. Finally, this bill provides that the
secretary of the Natural Resources Agency shall select an
executive director of the Council who shall be exempt from civil
service.
The Salton Sea, California's largest lake, is located in a
low-lying trough or desert sink in Southern California, much of
which is below sea level. The current sea was formed in 1905
when the Colorado River flooded its banks at a faulty irrigation
diversion site. However, the sea bed has periodically filled
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and receded numerous times, from prehistoric times through the
1800s. The present sea is fed primarily by agricultural runoff.
Since it has no natural outlet, it is becoming increasingly
saline and today is considerably saltier than the ocean. In
2003, the Legislature approved a package of implementing
legislation related to the Quantification Settlement Agreement
(QSA) and calling for restoration of the Salton Sea. The QSA is
a collection of agreements between the IID, Metropolitan Water
District, San Diego County Water Authority, the CVWD, and the
state, that included approval of water transfers from IID,
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
is being reduced over time. It should be noted that in
February of this year, the future of the QSA water transfers was
thrown into question when a California Superior court
invalidated the QSA on the grounds the agreement committed the
state of California to open ended liability for all
environmental mitigation costs in excess of $133 million. That
decision is being appealed and a temporary stay has been
granted.
The Salton Sea is one of the most important wetland areas in
California for migratory waterfowl and shorebirds, since over
95% of California's historical wetlands have been converted to
other land uses. The Salton Sea supports over 400 species of
birds, including up to 90% of the total population of some
species, and is an internationally significant stopover site for
hundreds of thousands of birds migrating along the Pacific
flyway. Recently, fishery resources in the sea have declined
significantly due to increasing salinity, evaporation and
declining water quality. It is generally recognized that
without restoration efforts the ecosystem of the Salton Sea will
collapse over the next decade or two.
The California Resources Agency in October 2006 distributed a
draft PEIR and ecosystem restoration study for public review and
comment. The study analyzed eight different
alternatives with cost estimates ranging from close to $1
billion for the "no alternative" to over $10 billion. In May
2007 the Resources Agency released the Final PEIR and its
selected preferred alternative. The Agency's preferred
alternative includes a 62,000 acre saline habitat complex, a
45,000 acre marine sea formed by construction of a large marine
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rock barrier, a 17,000 acre brine sink for discharge of salts,
an exposed sea bed of 106,000 acres, early start habitat of
2,000 acres, miles of berms and canals, and other facilities for
managing air quality. Total capital costs are estimated at
$8.879 billion, with operations and maintenance costs of $142
million per year. The restoration project would be constructed
and implemented in a series of phases over 70 years. Selection
of the preferred alternative was controversial due to its
significant cost and has not yet been selected or endorsed by
the Legislature.
The Resources Agency's report on the preferred alternative noted
that one of the next steps, after approval by the Legislature,
was to identify an implementing entity. SB 187 (Ducheny),
Chapter 372, Statutes of 2008, required the Resources Agency to
serve as the lead agency for implementation of restoration until
legislation establishing a new governance structure is
established. SB 187 also stated that it should not be construed
as legislative approval or denial of the preferred alternative
recommended by the Resources Agency Secretary.
This bill directs the Council created by this bill to review
restoration alternatives and propose a new recommended
restoration alternative to the Legislature by an unspecified
date. This bill also directs the Council to oversee 8 tasks,
including early start habitat, various biological, water
quality, air quality and geotechnical investigations, and
evaluation of restoration plans. DFG would be responsible for
implementation of the early start habitat and biological
investigations, and DWR would be responsible for implementation
of the water quality, air quality and geotechnical
investigations, but the bill does not specify who would be
responsible for staffing evaluation of the restoration
alternatives. To ensure that it is completed, the author and
committee may wish to consider inserting a date certain as to
when the recommendation on a restoration alternative is due, and
specifying which state entities are responsible for providing
the staff support for this task.
The committee should also be aware that the state of California
has incurred legal obligations to restore the Salton Sea,
whether or not the preferred alternative proposed by the
Resources Agency, or another alternative, is adopted. Those
legal obligations arise in part out of legislation enacted as
part of the QSA in 2003 (currently in litigation), historic
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agreements regarding allocation of water from the Colorado
River, and environmental laws requiring protection of air and
water quality, wetlands preservation and endangered species. In
the draft PEIR prepared by the Resources Agency on restoration
of the Salton Sea, it was recognized that even the "no
alternative" would cost the state over $1 billion. According
to a report by the Pacific Institute, failure to restore the
Salton Sea could result in exorbitant costs to human and
ecological health, and possibly agricultural production. The
state would also incur increased liability and litigation costs.
Thus, the appropriate question is arguably not whether to
restore the Salton Sea, but how and to what extent, and what the
ultimate state cost will be.
Some bond funding for restoration activities at the Salton Sea
was included in both Proposition 50 and Proposition 84. The
Salton Sea Program received $37.7 million in appropriations in
fiscal years 2007/08, 2008/09 and 2009/10. This includes $8.2
million from the Salton Sea Restoration Fund and $29.5 million
from Proposition 84. As of March 1, 2010, $2.7 million has been
spent from the Salton Sea Restoration Fund and $1.2 million from
Proposition 84 for a total of $3.9 million. An additional $12
million has been encumbered in contracts, mainly with DWR. This
leaves $21.5 million available for expenditure. However, due to
limited bond sales, apparently only $7 million is available for
expenditure at this time.
Proposed Amendments : The author and committee may wish to
consider adoption of the following technical amendments:
On page 3, line 6, after "for" insert "is".
On page 4, line 36, after "District," insert: "Coachella Valley
Water District".
On page 10, line 7, strike " two-thirds ".
On page 10, line 37, after "(a)" insert: "and subdivision (b)".
On page 10, line 40, after "(a)" insert: "and subdivision (b)".
On page 13, line 6, insert: "(5) Carrying out its restoration
responsibilities under 2942."
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REGISTERED SUPPORT / OPPOSITION :
Support
AFSCME
Audubon California
CalEnergy Operating Corporation
California Outdoor Heritage Association
Defenders of Wildlife
Imperial Irrigation District
Indio Chamber of Commerce
Pacific Institute
Planning and Conservation League
Sierra Club California
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096