BILL ANALYSIS Ó
AB 71
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 71 (V. Manuel Pérez and Hueso)
As Amended September 3, 2013
Majority vote
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|ASSEMBLY: |76-0 |(April 25, |SENATE: |31-7 |(September 9, |
| | |2013) | | |2013) |
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Original Committee Reference: W., P. & W.
SUMMARY : Requires the Secretary of the Natural Resources
Agency, in consultation and coordination with the Salton Sea
Authority, to lead Salton Sea restoration efforts, and
authorizes the Salton Sea Authority to lead a funding and
feasibility study in consultation with the Natural Resources
Agency
The Senate amendments delete the requirement for the Natural
Resources Agency to create a technical advisory group and
related provisions.
EXISTING LAW :
1)Establishes the Salton Sea Restoration Act which states
legislative intent that: a) the state undertake the
restoration of the Salton Sea (Sea) ecosystem and the
permanent protection of the wildlife dependent on that
ecosystem; b) that restoration be based on the preferred
alternative developed as a result of a restoration study and
alternative selection process; and, c) 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.
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)Requires the Secretary of the Resources Agency (now the
Natural Resources Agency), in consultation with the Department
AB 71
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of Fish and Game (now Department of Fish and Wildlife (DFW)),
Department of Water Resources (DWR), the Salton Sea Authority
(SSA), 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.
3)In 2010 the Legislature passed and the Governor signed SB 51
(Ducheny), Chapter 303, Statutes of 2010, which, among other
things, established the Salton Sea Restoration Council
(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 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), Chapter 39, Statutes of 2012, eliminated the
Council, effective December 31, 2012, before the Council ever
actually met.
FISCAL EFFECT : According to the Senate Appropriations
Committee, less than $150,000 in costs from the Salton Sea
Restoration Fund (special) for the agency to lead restoration
efforts regarding the restoration of the Salton Sea as this bill
is largely consistent with existing activities.
COMMENTS : According to the author, this bill seeks to fill the
void created by elimination of the Salton Sea Restoration
Council (Council), while ensuring that local stakeholders have a
voice in restoration decision making. It does so by providing
that the Natural Resources Agency shall be the lead agency for
restoration efforts at the Sea, but shall do so in consultation
and coordination with the SSA. The SSA is a local Joint Powers
Authority made up of the following five entities: Riverside
County, Imperial County, Imperial Irrigation District (IID),
Coachella Valley Water District (CVWD), and the Torres Martinez
Desert Cahuilla Indians Tribe. Prior to enactment of SB 51
(Ducheny), the law provided that the Natural Resources Agency
would serve as lead agency for Salton Sea restoration and work
cooperatively with DWR, the State Air Resources Board, the State
Water Resources Control Board, and DFW. The Natural Resources
Agency was designated to serve as lead agency for
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implementation, in partnership with one or more of its
departments, unless and until legislation was enacted
establishing a new governing structure for restoration of the
Sea. SB 51, enacted in 2010, created a new governing structure
with the establishment of the Salton Sea Restoration Council.
However, as noted above, the Council was repealed last year.
The Senate amendments delete the requirement for establishment
of a technical advisory committee.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0002302