BILL NUMBER: AB 939 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 21, 2011
AMENDED IN ASSEMBLY MARCH 30, 2011
INTRODUCED BY Assembly Member V. Manuel Pérez
FEBRUARY 18, 2011
An act to amend Sections 71100 and 71103.5 of, and to add
Section 71103.6 to, the Public Resources Code, relating to the
environment. An act to repeal and add Article 2
(commencing with Section 2940) of Chapter 13 of Division 3 of the
Fish and Game Code, relating to the Salton Sea.
LEGISLATIVE COUNSEL'S DIGEST
AB 939, as amended, V. Manuel Pérez. Environment: New
River Water Quality, Public Health, and River Parkway Development
Program. Salton Sea restoration.
(1) Existing law establishes the Salton Sea Restoration Council as
a state agency in the Natural Resources Agency to oversee the
restoration of the Salton Sea.
This bill would eliminate the council, and assign duties relating
to the restoration of the Salton Sea to the Salton Sea Authority, a
joint powers authority. By imposing duties on a local joint powers
authority, the bill would impose a state-mandated local program.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law requires the California-Mexico Border Relations
Council, contingent upon the execution of an agreement with the City
of Calexico to provide the necessary funding, to develop a strategic
plan to guide the implementation of the New River Improvement Project
containing specified elements.
This bill would require the council to establish the New River
Water Quality, Public Health, and River Parkway Development Program
to coordinate the funding for, and implementation of, specified
recommendations from the strategic plan, and certain programs and
projects identified by the council. The bill would require state
agencies that fund the activities of the New River Improvement
Project to make all necessary efforts to integrate and align their
contractual and administrative requirements for financial support to
meet the goal of this program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Article 2 (commencing with Section
2940) of Chapter 13 of Division 3 of the Fish and Game
Code is repealed.
SEC. 2. Article 2 (commencing with Section 2940)
is added to Chapter 13 of Division 3 of the Fish and Game
Code , to read:
Article 2. Salton Sea Restoration
2940. The Legislature finds and declares all of the following:
(a) The Salton Sea is California's largest inland water body with
beneficial uses that include fisheries and wildlife habitat and
preservation of endangered species, and is a repository for
agricultural drainage.
(b) The Salton Sea ecosystem is a critical link on the
international Pacific Flyway and supports over 400 species of birds.
(c) The Salton Sea is threatened by increasing salinity and
reduced inflows. These changes increasingly threaten unparalleled
wildlife resources at the sea, as well as air quality in the region.
(d) In cooperation with others, the Salton Sea Authority can help
protect wildlife habitats and endangered species, improve water and
air quality, and enhance recreational opportunities in the region.
(e) In restoring the Salton Sea, it is the intent of the
Legislature to do all of the following:
(1) Permanently protect fish and wildlife that are dependent on
the Salton Sea ecosystem.
(2) Restore the long-term stable aquatic and shoreline habitat for
fish and wildlife that depend on the Salton Sea.
(3) Eliminate air quality impacts from restoration projects using
the best available technology, as determined by the South Coast Air
Quality Management District and the Imperial County Air Pollution
Control District.
(4) Protect water quality.
(5) Maintain the Salton Sea as a vital link along the Pacific
Flyway.
(6) Preserve local tribal heritage and cultural values associated
with the Salton Sea.
(7) Minimize noxious odors and other water and air quality
problems.
2941. Unless the context requires otherwise, the definitions set
forth in this section govern the construction of this article.
(a) "Agency" means the Natural Resources Agency.
(b) "Habitat mosaics" means two or more proximate habitat types,
such as saltwater shoreline abutting riverine deltas and irrigated
farmland.
(c) "Salton Sea Authority" means the joint powers authority
comprised of the County of Imperial, the County of Riverside, the
Imperial Irrigation District, the Coachella Valley Water District,
and the Torres Martinez Desert Cahuilla Indian Tribe.
(d) "Secretary" means the Secretary of the Natural Resources
Agency.
2942. (a) The Salton Sea Authority shall lead the Salton Sea
restoration efforts. Restoration efforts pursuant to this article
shall include all of the following:
(1) Early start habitat demonstration projects.
(2) Biological investigations relating to the restoration of the
Salton Sea.
(3) Investigations of water quality, sedimentation, and inflows
relating to the restoration of the Salton Sea.
(4) Air quality investigations relating to the restoration of the
Salton Sea.
(5) Geotechnical investigations relating to the restoration of the
Salton Sea.
(6) Investigations of access and utility agreements relating to
the restoration of the Salton Sea.
(b) (1) The Salton Sea Authority shall develop a restoration plan
to address the current and future conditions of the Salton Sea. In
developing the restoration plan, the Salton Sea Authority shall
consider the impacts of the restoration plan on air quality, fish and
wildlife habitat, water quality, and the technical and financial
feasibility of the restoration plan.
(2) For the purpose of developing a restoration plan pursuant to
this section, the Salton Sea Authority shall evaluate the Salton Sea
restoration plans, including, but not limited to, the alternatives
described in Chapter 3 of Volume I of the Salton Sea Restoration
Program Draft Programmatic Environmental Impact Report, dated October
2006, and the program components of those alternatives.
(3) (A) The Salton Sea Authority shall report to the Governor and
the Legislature by June 30, 2014, with a recommended Salton Sea
restoration plan.
(B) A report required to be submitted pursuant to this paragraph
shall be submitted in compliance with Section 9795 of the Government
Code.
(c) In conducting its duties pursuant to this section, the Salton
Sea Authority shall do both of the following:
(1) Act consistent with the purposes of the Salton Sea Restoration
Fund specified in Section 2932.
(2) Work collaboratively with the agency, the Department of Water
Resources, and interested parties.
2943. (a) The Salton Sea Authority shall provide ongoing,
publicly derived input to the secretary relating to the Salton Sea
Authority's responsibilities under this article, including habitat
objectives and actions, types and levels of public access, and
integration of air quality management and habitat restoration.
(b) The Salton Sea Authority shall assist the secretary to gain a
broader understanding of public and interest group perspectives.
(c) The Salton Sea Authority shall provide focused review and
discussion, and shall seek to achieve consensus on significant
matters, including the following:
(1) Discussion and general agreement on design opportunities and
constraints, and integration of the habitat, public access, and air
quality management objectives.
(2) Public access and recreational components.
(3) Opportunities for economic development.
(4) Habitat mosaics and location.
(5) Vector management and predator control.
2944. (a) The Department of Fish and Game and the Department of
Water Resources shall provide the staff services, using staff
currently dedicated to Salton Sea activities or other staff provided
by legislative action, that the Salton Sea Authority requires to
carry out the assigned functions, including, but not limited to, all
of the following:
(1) Administering grants and expenditures from the Salton Sea
Restoration Fund or other sources, including, but not limited to,
block grants from other state boards, commissions, or departments.
(2) Administering contracts.
(3) Arranging meetings, agendas, and other administrative
functions.
(4) Communication and public outreach, including all of the
following:
(A) Public meetings with interested parties, presentations, and
workshops.
(B) A regularly updated project-specific Internet Web site.
(C) E-mail and paper newsletters in English and Spanish.
(5) Evaluation and implementation of restoration alternatives
necessary for the Salton Sea Authority to fulfill its duties pursuant
to Section 2942.
(b) The Director of Fish and Game and the Director of Water
Resources shall enter into interagency agreements with other state
agencies to provide the staff services, using staff dedicated to
Salton Sea activities or other staff provided by legislative action,
to carry out the functions of the Salton Sea Authority.
(c) (1) Only funds deposited in the Salton Sea Restoration Fund or
nonstate funds may be expended to carry out this article.
(2) The status of the Salton Sea Restoration Fund shall be
included in the Governor's proposed annual budget document, including
an accounting of funds expended and committed and the activities and
staff associated with those expenditures.
2945. (a) Nothing in this article interferes with or prevents the
exercise of authority by a public agency to carry out its programs,
projects, or responsibilities.
(b) Nothing in this article affects requirements imposed under any
other provision of law.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 71100 of the Public
Resources Code is amended to read:
71100. The following definitions govern the construction of this
part:
(a) "Agency" means the California Environmental Protection Agency.
(b) "Cal BECC" means the California Border Environmental
Cooperation Committee established on July 22, 1994, by the Governors
of California, Baja California, and Baja California Sur.
(c) "California-Baja California border region" means the region
described in Chapter IV of the US-Mexico Border XXI Program,
Framework Document, published October 1996.
(d) "City" means the City of Calexico, California.
(e) "Council" means the California-Mexico Border Relations Council
established pursuant to Section 8711 of the Government Code.
(f) "County" means the County of Imperial, California.
(g) "Fund" means the California Border Environmental Education
Fund established pursuant to Section 71101.
(h) "IBWC" means the International Boundary and Water Commission,
United States Section.
(i) "New River Improvement Project" or "project" means a project
to study, monitor, remediate, and enhance New River water quality in
the County of Imperial to protect human health, and develop a river
parkway suitable for public use and enjoyment.
(j) "New River Water Quality, Public Health, and River Parkway
Development Program" or "program" means a cooperative and integrated
program in the County of Imperial established pursuant to Section
71103.6.
SEC. 2. Section 71103.5 of the Public Resources
Code is amended to read:
71103.5. (a) The Legislature finds and declares all of the
following:
(1) The New River poses an imminent and severe threat to the
public health of residents of Calexico, California, and adjacent
communities in the County of Imperial. Since the 1940s, the New River
has been recognized as a significant pollution and human health
problem, primarily because of extremely high concentrations of fecal
coliform bacteria.
(2) While there have been recent measurable water quality
improvements as a result of sewage infrastructure projects
implemented and completed during the last 10 years in Mexicali,
Mexico, the residual and projected pollution in the New River coming
from Mexico remains a significant threat to public health and the
environment.
(3) Current bacteria levels in the New River are several orders of
magnitude above the state standards for bacteria. Based on these
levels and the historic levels of pollution, the waterway is believed
to carry pathogens that cause tuberculosis, encephalitis, polio,
cholera, hepatitis, and typhoid. The waterway also carries other
contaminants in concentrations that are in violation of federal,
state, and Mexican water quality standards by several hundredfold.
(4) The New River is listed as an impaired river by the United
States Environmental Protection Agency due to low dissolved oxygen
(DO) and the presence of chlordane, chlorpyrifos, copper,
dichloro-diphenyl-trichloroethane (DDT), diazinon, dieldrin, mercury,
nutrients, pathogens, polychlorinated biphenyls (PCBs), sediment,
selenium, toxaphene, toxicity, trash, and volatile organic compounds
(VOCs).
(5) The New River is a major contributor of pollution to the
Salton Sea, and failure to address water quality problems in the New
River are impeding the ability of the state to implement laws and
programs designed to restore and protect this important environmental
and wildlife habitat resource.
(6) The New River condition in the border area is also an
aesthetic nuisance for Calexico residents and has historically
inhibited the city's socioeconomic well-being and growth.
(7) A coordinated and comprehensive state strategy is needed to
deal with the residual and projected pollution so that the New River
and associated river channel can be enhanced to a condition that will
allow the residents of Calexico and Imperial County to utilize them
as recreational and natural assets as contemplated in the California
River Parkways Act of 2004 (Chapter 3.8 (commencing with Section
5750) of Division 5).
(8) In the Budget Act of 2009, as amended by Chapter 1 of the
Statutes of 2009 Fourth Extraordinary Session, eight hundred thousand
dollars ($800,000) was appropriated to the City of Calexico for
various planning needs necessary to develop a river parkway plan and
river improvement project for the New River. The moneys were
appropriated in order to secure and serve as matching funds for the
four million dollars ($4,000,000) allocated pursuant to the Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (Public Law 109-59) to the City of Calexico for the
development of bicycle paths and public park space adjacent to the
New River.
(9) The City of Calexico, as the recipient of funding pursuant to
the California River Parkways Act of 2004, has agreed to provide
necessary financial support to the council for the development of the
council's strategic plan.
(b) Pursuant to the authority granted to the council under Section
8712 of the Government Code and contingent upon the execution of an
agreement with the City of Calexico for the purpose of providing the
necessary funding, the council shall develop a strategic plan to
guide the implementation of the New River Improvement Project. The
strategic plan shall include, but need not be limited to, all of the
following elements:
(1) Quantification of current and projected New River water
quality impairments and their threat to public health.
(2) Prioritization of the actions necessary to protect public
health and to meet New River water quality objectives and other
environmental goals, such as improving the quality of waterflows into
the Salton Sea.
(3) Identification of potential funds for the implementation of
the project, and potential lead agencies that would be responsible
for environmental review of activities related to the cleanup and
restoration of the New River.
(4) Identification of the appropriate federal, state, and local
agencies with a role in implementing and achieving the New River
Improvement Project.
(c) (1) To the extent permitted by law, the council may work with
appropriate binational, federal, state, local, and nongovernmental
organizations on both sides of the California-Mexico border to
develop the strategic plan and to fund and establish cooperative
water quality monitoring, public health studies, inspection, and
technical assistance programs as needed to support, convene, and
oversee the project.
(2) To further the objectives of this subdivision, the council may
convene and oversee a technical advisory committee. The advisory
committee shall advise the council regarding the necessary studies
and activities to carry out the project, and shall serve at the
pleasure of the council. The advisory committee shall include
representatives from the following:
(A) Impacted cities and counties.
(B) Relevant local, regional, and state agencies and departments.
(C) Nongovernmental organizations.
(D) Other stakeholders deemed necessary by the council.
(3) The council shall appoint the chair of the committee and may
expand the membership and expertise of the committee as it deems
necessary.
(4) The council may enter into an agreement, including an
interagency agreement and memorandum of understanding, with public
agencies, including the city, to accept, manage, and expend funds for
the implementation of this section.
(d) This section does not modify existing roles, responsibilities,
or liabilities of the State of California, the City of Calexico, the
County of Imperial, or any other governmental agency, under those
laws that regulate, protect, and clean up surface waters entering the
United States from Mexico.
(e) The New River Improvement Project Account is hereby created in
the California Border Environmental and Public Health Protection
Fund to receive moneys for activities related to the New River
Improvement Project from sources identified in Section 71101 and
other sources. Upon appropriation by the Legislature, moneys in the
account shall be expended to implement the purposes identified in
subdivision (c) or Section 71102 that are related to the New River.
SEC. 3. Section 71103.6 is added to the Public
Resources Code, to read:
71103.6. (a) The council shall establish the New River Water
Quality, Public Health, and River Parkway Development Program to
coordinate the funding for and implementation of the recommendations
from the strategic plan developed pursuant to subdivision (c) of
Section 71103.5, and the programs and projects identified by the
council pursuant to Section 71102.
(b) State agencies that fund the activities of the New River
Improvement Project shall make all necessary efforts to integrate and
align their contractual and administrative requirements for grants,
loans, contracts, and other forms of financial support to meet the
goal of the program.