BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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BILL NO: AB 71 HEARING DATE: June 11, 2013
AUTHOR: V. Manuel Perez URGENCY: No
VERSION: April 18, 2013 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Salton Sea restoration.
BACKGROUND AND EXISTING LAW
Several laws have been passed that focus on the restoration of
the Salton Sea and the governance of any such effort. These laws
have been subsequently amended in an effort to achieve an
elusive agreement among numerous parties concerning funding,
governance, and the overall objectives of restoration.
The original Salton Sea Restoration Act, adopted in 2003,
contained findings and legislative intent that the state
undertake the restoration of the Salton Sea ecosystem and the
permanent protection of the wildlife dependent on that ecosystem
and that restoration be based on the preferred alternative
developed as a result of a restoration study and alternative
selection process. That law also provided that 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. Other laws passed in 2003 dealt
with the process of Salton Sea restoration and other aspects of
the Quantification Settlement Agreement that provided for the
transfer of Colorado River water from Imperial Irrigation
District to San Diego as part of an effort to contain
California's overall water use from that river to an amount set
by federal law.
The Salton Sea Restoration Act also required the Secretary of
the Resources Agency (now the Natural Resources Agency), in
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consultation with the Department of Fish and Game (now DFW),
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 Programmatic Environmental Impact
Report (PEIR) analyzing the alternatives, and to submit a
preferred alternative to the Legislature on or before December
31, 2006. The Resources Agency published a Final PEIR and
submitted a preferred alternative, with an estimated cost of
nearly $9 billion, to the Legislature in May 2007. The
Legislature has not acted on the preferred alternative proposed
by the Resources Agency in 2007 but has appropriated funding for
the Species Conservation Habitat (SCH) Project, which is similar
to the early start habitat projects described as Phase 1 in the
2007 PEIR.
In 2010 the Legislature passed and the Governor signed SB 51
(Ducheny) which, among other things, established the Salton Sea
Restoration Council to serve as the state agency responsible for
overseeing restoration of the Salton Sea. SB 51 required the
Council to evaluate Salton Sea restoration plans, including the
$9 billion 2007 preferred alternative, and to report to the
Governor and the Legislature by June 30, 2013 with a recommended
restoration plan. The Governor's 2012 Reorganization Plan, as
modified by budget trailer bill SB 1018 (Leno) of 2012,
eliminated the Council, effective December 31, 2012, before the
Council ever actually met.
PROPOSED LAW
This bill would require the Secretary of the Natural Resources
Agency, in consultation and coordination with the Salton Sea
Authority, to lead Salton Sea restoration efforts. Specifically,
the bill contains all of the following provisions:
1) Restoration efforts shall include: a) early start habitat
demonstration projects; b) biological investigations; c)
investigations of water quality, sedimentation and inflows; d)
air quality investigations in consultation and coordination with
air quality agencies; e) geotechnical investigations; and f)
local financial assistance grant programs.
2) The Secretary and the Legislature shall maintain full
authority and responsibility for any state obligation under the
Quantification Settlement Agreement (QSA), and shall have final
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approval for any proposed restoration plan.
3) The Department of Water Resources (DWR), to the extent
funding is available for this purpose, is authorized to
undertake Salton Sea restoration efforts, and requires DWR to
disclose specified information relating to the cost and size of
the alternatives discussed in the environmental impact report
for the Salton Sea Species Conservation Habitat Project.
4) The Secretary, in consultation and coordination with the
Salton Sea Authority, will form a technical advisory group
including the Secretary and representatives of specified state
departments, local agencies, tribal governments, nonprofit
environmental organizations, the U.S. Geological Survey, and
research institutions.
5) The Salton Sea Authority is authorized to undertake a
restoration funding and feasibility study in consultation with
the Natural Resources Agency and the technical advisory group,
and requires the study to include specified elements.
6) The Secretary is directed to seek input from the Salton Sea
Authority with regard to specific restoration components,
including design options and integration of habitat, public
access and air quality objectives, public access and recreation,
economic development opportunities, habitat locations, vector
and predator control, and feasible financial resources to fund
restoration.
ARGUMENTS IN SUPPORT
According to the author, the elimination of the Salton Sea
Council, as described earlier, has created a void in determining
how the state meets its obligations to restore the Salton Sea
pursuant to the Quantification Settlement Agreement and other
state laws. The author believes that AB 71 creates a balanced
approach with a defined lead role for the Natural Resources
Agency with a consultative role for local interests and
environmental stakeholders including the Salton Sea Authority, a
joint powers agency comprised of two counties, two water
agencies, and one Native American tribe.
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Sierra Club California describes the Salton Sea as "on the verge
of catastrophic change as the amount of water flow in the sea
will decrease significantly over the next 20 years." It is
concerned that the increase in salinity will affect fish and
wildlife habitat and that more exposed lakebed will result in
dust and particulates that will further compromise air quality
in that region.
ARGUMENTS IN OPPOSITION
None received
COMMENTS
An earlier version of this bill contained funding for a
restoration funding plan which is no longer in the bill because
that funding has been proposed to be included in the budget that
is not pending before the Legislature.
SUPPORT
Sierra Club California
OPPOSITION
None Received
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