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 148 HEARING DATE: June 10, 2014
AUTHOR: V. Manuel Perez URGENCY: No
VERSION: March 20, 2014 CONSULTANT: Bill Craven
DUAL REFERRAL: No FISCAL: Yes
SUBJECT: Salton Sea restoration.
BACKGROUND AND EXISTING LAW
AB 71 (Perez) in 2013 required the Secretary of the Natural
Resources Agency (Secretary), in consultation and coordination
with the Salton Sea Authority (SSA), to lead Salton Sea
restoration efforts, and authorized the SSA to lead a funding
and feasibility study in consultation with the Natural Resources
Agency. AB 71 filled the governance void created by elimination
of the Salton Sea Restoration Council in the 2012 Budget Act.
The Quantification Settlement Agreement (QSA) is a collection of
agreements between the Imperial Irrigation District (IID),
Metropolitan Water District, San Diego County Water Authority,
the Coachella Valley Water District, and the State, that
included approval of water transfers from IID to San Diego,
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
will be significantly reduced after 2017. In 2003, the
Legislature approved a package of implementing legislation
related to the QSA and calling for restoration of the Salton
Sea.
AB 71 does the following:
(1) Requires the Secretary, in consultation and coordination
with the SSA, to lead Salton Sea restoration efforts.
(2) Authorizes the SSA to lead a funding and feasibility study
in consultation with the Natural Resources Agency.
(3) Requires the Secretary to seek input from the SSA with
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regard to specified components of restoration of the Salton Sea.
PROPOSED LAW
This bill makes minor and technical changes to AB 71, as
follows:
(1) Clarifies that nothing in specific provisions of existing
law authorizing the Secretary, in consultation with the SSA, to
lead Salton Sea restoration efforts, alters any state
responsibility or authority under the QSA.
(2) Clarifies that the SSA may undertake a feasibility study in
consultation with the Secretary.
(3) Clarifies that studies and evaluations undertaken for
purposes of the feasibility study shall not delay the planning
and implementation of other ongoing and planned restoration or
mitigation projects, including but not limited to, the Salton
Sea Species Conservation Habitat Project, or other measures
authorized pursuant to other existing state and federal programs
and agreements.
4) Revises a statement of legislative intent regarding
restoration of the Salton Sea to refer to the Legislature's
intent to protect, rather than permanently protect, fish and
wildlife dependent on the Salton Sea ecosystem.
ARGUMENTS IN SUPPORT
According to the author, the technical corrections in this bill
are being taken at the request of the Administration to clarify
that AB 71 did not alter any state responsibilities or
authorities under the QSA.
ARGUMENTS IN OPPOSITION
None received
COMMENTS
1. As a technical comment, it is worth noting that a finding
(page 3, line 5) proposes to change the term "permanently
protect fish and wildlife" to "protect fish and wildlife." One
can understand that permanence may be illusory or unattainable
from the perspective of a state agency charged with wildlife
management. On the other hand, use of the word "protect," by
itself, does not inspire confidence from wildlife advocates to
the long-term dedication of state agencies to the management of
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the many species that inhabit the Salton Sea.
A reasonable construction that adopts the preferred standard of
the administration and also uses a known, well-accepted, and
defined term in the Fish and Game Code would provide: "Protect
and provide long-term conservation to fish and wildlife that are
dependent on the Salton Sea ecosystem."
See amendment 1.
SUGGESTED AMENDMENTS
AMENDMENT 1
Page 3, line 5. Change "protect" to "protect and provide
long-term conservation"
SUPPORT
Association of California Water Agencies
OPPOSITION
None Received
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