Bill Text: CA AB1410 | 2011-2012 | Regular Session | Amended

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Bill Title: Salton Sea restoration.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Enrolled - Dead) 2012-08-27 - Read second time. Ordered to third reading. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10(c). [AB1410 Detail]

Download: California-2011-AB1410-Amended.html

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BILL NUMBER: AB 1410	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 24, 2012
	AMENDED IN ASSEMBLY  APRIL 25, 2011

INTRODUCED BY    Committee on Jobs, Economic Development, and
the Economy   (   V. Manuel Pérez
(Chair), Beall, Block, Grove, Hueso, and Morrell   )
  Assembly Member   V. Manuel Pérez 
    (   Coauthor:   Assembly Member  
Nestande   ) 
    (   Coauthor:   Senator   Emmerson
  ) 

                        MARCH 10, 2011

   An act to  add the heading of Chapter 1 (commencing with
Section 99500) to, to add Chapter 2 (commencing with Section 99520)
and Chapter 3 (commencing with Section 99530) to, Title 20 of, and to
repeal Chapter 8 (commencing with 8700) and Chapter 8.1 (commencing
with 8710) of Division 1 of Title 2 of, the Government Code, and to
amend Section 71103.5 of the Public Resources Code, relating to state
government.   add Article 2 (commencing with Section
2940) to Chapter 13 of Division 3 of the Fish and Game Code, relating
to the Salton Sea, and declaring the urgency thereof, to take effect
immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1410, as amended,  Committee on Jobs, Economic
Development, and the Economy   V. Manuel Pérez  .
 State government: international relations. 
Salton Sea restoration.  
   Existing law establishes, until January 1, 2013, 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 require the Secretary of the Natural Resources
Agency, in consultation and coordination with the Salton Sea
Authority, as defined, to lead Salton Sea restoration efforts. This
bill would require the secretary, in consultation and coordination
with the authority, to form a technical advisory group, as
prescribed, to provide guidance about evaluating, developing, or
proposing future restoration or economic development activities. This
bill would also require the secretary to seek input from the
authority with regard to specified components of restoration of the
Salton Sea. By imposing duties on a local joint powers authority, the
bill would impose a state-mandated local program.  
   This bill would authorize the authority to lead a restoration
funding and feasibility review, as prescribed. If the authority
undertakes the study, this bill would require the Department of Fish
and Game to enter into a funding agreement with the authority for the
purposes of this study.  
   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 no reimbursement is required by this
act for a specified reason.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Existing law requires the California-Mexico Border Relations
Council to, among other things, coordinate activities of state
agencies that are related to cross-border programs, initiatives,
projects, and partnerships that exist within state government.
Existing law also authorizes the Office of California-Mexico Affairs
to develop better relations with Mexico by coordinating with state
agencies to foster economic cooperation.  
   This bill would repeal, and recast those provisions relating to
the California-Mexico Border Relations Council. This bill would
repeal, and recast those provisions relating to the Office of
California-Mexico Affairs.  
   This bill would also make various conforming changes. 
   Vote:  majority   2/3  . Appropriation:
no. Fiscal committee:  no   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) 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 the 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) Mitigate air quality impacts from restoration 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.
   (8) Coordinate with state and federal agencies that are
responsible for air quality, endangered species, and other
environmental mitigation implementation requirements of the
Quantification Settlement Agreement.
   (9) Enhance economic development opportunities that will provide
sustainable financial improvements benefiting the local environment
and the economic quality of life for communities around the Salton
Sea.
   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) "Quantification Settlement Agreement" has the same meaning as
defined in subdivision (a) of Section 1 of Chapter 617 of the
Statutes of 2002.
   (d) "Salton Sea Authority" or "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.

   (e) "Secretary" means the Secretary of the Natural Resources
Agency.
   (f) "Technical advisory group" means the technical advisory group
formed pursuant to subdivision (b) of Section 2942.
   2942.  (a) (1) The secretary, in consultation and coordination
with the Salton Sea Authority, shall lead the Salton Sea restoration
efforts that shall include all of the following:
   (A) Early start species conservation habitat demonstration
projects.
   (B) Biological investigations relating to the restoration of the
Salton Sea.
   (C) Investigations of water quality, sedimentation, and inflows
relating to the restoration of the Salton Sea.
   (D) Air quality investigations relating to the restoration of the
Salton Sea.
   (E) Geotechnical investigations relating to the restoration of the
Salton Sea.
   (F) Financial assistance grant programs to support restoration
activities of local stakeholders.
   (2) The secretary and the Legislature shall maintain full
authority and responsibility for any state obligation under the
Quantification Settlement Agreement. The secretary and the
Legislature shall have final approval for any proposed restoration
plan.
   (3) (A) To the extent that funding is appropriated to the
department for Salton Sea restoration activities, the Department of
Water Resources, in coordination and under agreement with the
department, may undertake restoration efforts identified in this
subdivision.
   (B) The department and the Department of Water Resources shall do
all of the following for the Salton Sea Species Conservation Habitat
Project:
   (i) Immediately make available relevant information relating to
the factors that influence the costs and size of the alternatives
discussed in the environmental impact report or environmental impact
statement for the species habitat conservation program.
   (ii) Release all available detail on a final project design
immediately, or upon final determination of a least environmentally
damaging preferred alternative by the United States Army Corps of
Engineers. Details of a final project design shall include location,
configuration, size, and cost.
   (iii) Immediately make available project evaluation protocols that
include the following principles of adaptive management:
   (I) Goals and objectives of the project.
   (II) The project design and operations plan.
   (III) A monitoring plan that will include metrics that identify
benefits to the species.
   (IV) A performance evaluation based on species population
identified through monitoring.
   (V) A decisionmaking framework to evaluate project performance and
guide operations and management changes.
   (b) (1) The secretary, in consultation and coordination with the
authority, shall form a technical advisory group composed pursuant to
paragraph (2) to provide guidance to the secretary and the authority
in evaluating, developing, or proposing future restoration of or
economic development activities restoring the, Salton Sea.
   (2) The technical advisory group shall be composed as follows:
   (A) The secretary, or his or her designee.
   (B) The secretary may include a representative from any of the
following:
   (i) The department.
   (ii) The Department of Water Resources.
   (iii) The State Air Resources Board.
   (iv) The State Energy Resources Conservation and Development
Commission.
   (C) The secretary shall invite the following entities to
participate:
   (i) Local government agencies and tribal governments with
geographic, economic, environmental health, or cultural interest in
the Salton Sea.
   (ii) Nongovernmental organizations with environmental interests
relating to the Salton Sea.
   (iii) The United States Geological Survey Salton Sea Science
Office.
   (c) (1) The authority, if it elects to do so, may lead a
restoration funding and feasibility review study, in consultation
with the agency and the technical advisory group, to do the
following:
   (A) Investigate access and utility agreements that may contribute
to future funding of restoration activities at the Salton Sea.
   (B) Analyze all feasible funding sources for restoration program
components and activities.
   (C) Analyze economic development opportunities, including, but not
limited to, renewable energy, biofuels, mineral development, and
algae production for the purposes of identifying new revenue sources
for the Salton Sea restoration efforts.
   (D) Identify state procurement and royalty sharing opportunities.
   (E) Review existing long-term plans for restoration of the Salton
Sea and recommend to the technical advisory group and the secretary
changes to existing restoration plans. In any review pursuant to this
subparagraph, the 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 and shall consider the impacts on other agencies
responsible for air quality, endangered species, and other
environmental mitigation requirements for implementation of the
Quantification Settlement Agreement.
   (2) No evaluation, study, review, or other activity pursuant to
this article shall delay the planning and implementation of ongoing
and planned mitigation projects, including, but not limited to, the
Salton Sea Species Conservation Habitat Project or other mitigation
measures pursuant to existing state and federal programs and
agreements, including, but not limited to, those programs and
agreements undertaken pursuant to the Quantification Settlement
Agreement.
   (3) (A) If the authority undertakes a study pursuant to paragraph
(1), the department shall enter into a funding agreement with the
authority for the purposes of producing the restoration funding and
feasibility review study. Provided that funding is available to the
authority on or before July 1, 2013, the authority shall complete the
study undertaken pursuant to this subdivision and present the study
to the Governor and the Legislature on or before June 30, 2014.
   (B) A report required to be submitted pursuant to this paragraph
shall be submitted in compliance with Section 9795 of the Government
Code.
   2943.  For the purposes of considering local, publicly derived
input concerning habitat objectives and actions, types and levels of
public access, and integration of air quality management and habitat
restoration, the secretary shall seek input from the authority with
regard to the following components of restoration of the Salton Sea:
   (a) Design opportunities and constraints, including the
integration of the habitat, public access, and air quality management
objectives.
   (b) Public access and recreational components.
   (c) Opportunities for economic development.
   (d) Habitat mosaics and location.
   (e) Vector management and predator control.
   (f) Feasible financial resources to fund all recommended
restoration program components.
   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. 2.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district are the result of a program for which
legislative authority was requested by that local agency or school
district, within the meaning of Section 17556 of the Government Code
and Section 6 of Article XIII B of the California Constitution. 

   SEC. 3.    This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to address, as soon as possible, the grave environmental
and public health risks that are posed by the threatened condition of
the Salton Sea, it is necessary that this act take effect
immediately.  
  SECTION 1.    Chapter 8 (commencing with Section
8700) of Division 1 of Title 2 of the Government Code is repealed.
 
  SEC. 2.    Chapter 8.1 (commencing with Section
8710) of Division 1 of Title 2 of the Government Code is repealed.
 
  SEC. 3.    The heading of Chapter 1 (commencing
with Section 99500) is added to Title 20 of the Government Code, to
read:
      CHAPTER 1.  GENERAL PROVISIONS

 
  SEC. 4.    Chapter 2 (commencing with Section
99520) is added to Title 20 of the Government Code, to read:
      CHAPTER 2.  OFFICE OF CALIFORNIA-MEXICO AFFAIRS


   99520.  The Legislature finds and declares the following:
   (a) The United States and Mexican economies have become
increasingly integrated, particularly since the 1994 adoption of the
North American Free Trade Agreement, or NAFTA.
   (b) This integration has brought both California and Mexico
opportunities and challenges in the areas of economic development,
labor relations, and environmental protection.
   (c) The California Office of the Southwest Border Regional
Conference (formerly commission) was established as part of a joint
American border states effort to further and develop favorable
relations with the six Mexican border states.
   (d) The efforts of the California office of the conference
continue to be an essential part of California's interaction with
Mexico.
   (e) It is important for the state and for the nation that state
agencies continue to address important United States-Mexico issues.
   (f) The Office of California-Mexico Affairs provides a focal point
in state government to serve as a clearinghouse for information and
assistance to other state agencies that are involved with Mexico.
   (g) The purpose of this act is to reorganize various code
sections. These changes are nonsubstantive and technical in nature.
   99521.  The following definitions shall govern the construction of
this chapter:
   (a) "Conference" means the Southwest Border Regional Conference.
   (b) "Office" means the Office of California-Mexico Affairs.
   99522.  (a) There is in state government an Office of
California-Mexico Affairs. Within this office the operations of the
California Office of the Southwest Border Regional Conference shall
be continued.
   (b) The office succeeds to and is vested with all the duties,
powers, purposes, and responsibilities vested in the California
office of the conference and previously vested in the Commission of
the Californias.
   (c) The office shall have possession and control of all records,
papers, offices, equipment, supplies, moneys, funds, appropriations,
land, and other property, real or personal, held for the benefit or
use of the California office of the conference, or previously held
for the benefit or use of the commission, in the performance of the
duties, powers, purposes, responsibilities, and jurisdiction of the
California office of the conference or the commission.
   99523.  The members of the Southwest Border Regional Conference
shall be the Governors of the four American border states. The
California member of the conference is the Governor of California or
his designee.
   99524.  The office shall further and develop favorable relations
with the State of Baja California, the State of Baja California Sur,
other Mexican states bordering on the United States, and the
remaining states and territories of the Republic of Mexico necessary
for the completion of the office's tasks. The office shall cooperate
with similar organizations and agencies situated within California,
the United States, or Mexico, to further economic development,
improve working conditions and living standards, and foster the
protection and improvement of the environment in Mexico and
California. The office shall avail itself of the services of the San
Diego State University, which is engaged in educational, cultural,
and research activities with Mexico. The office shall be responsible
for carrying out the ongoing responsibilities of the Southwest Border
Regional Conference.
   99525.  The Governor shall appoint a director of the office. The
director may appoint and employ any personnel that he or she deems
necessary to carry out the functions of the office. The office may
incur all necessary expenses to effectuate its purposes and may
accept grants from federal and state agencies. The office may also
accept funds from private organizations or individuals in order to
assist the office in the accomplishment of its functions as set forth
in this chapter.
   99526.  Members and employees of the office may travel outside of
California and may hold hearings and conduct investigations within
and outside of the state whenever necessary to carry out the duties
set forth in this chapter. Members and employees may acquire any
available information from any governmental agency within the United
States or Mexico necessary for the completion of their tasks.
   99527.  The office shall be responsible for the establishment of
committees in those topic areas deemed necessary by the director.
Recommendations of the committees shall not be binding on the
Governor or the Legislature but shall only be advisory in nature.
 
  SEC. 5.    Chapter 3 (commencing with Section
99530) is added to Title 20 of the Government Code, to read:
      CHAPTER 3.  CALIFORNIA-MEXICO BORDER RELATIONS COUNCIL


   99530.  The following definitions shall apply to this chapter:
   (a) "Border" means the line of demarcation between California and
Mexico.
   (b) "Council" means the California-Mexico Border Relations
Council.
   (c) "Public agency" means a city, county, city and county,
district, or the state or any agency or department of the state.
   99531.  (a) The California-Mexico Border Relations Council is
hereby established in state government. The council shall consist of
the Natural Secretary of the Resources Agency, the Secretary for
Environmental Protection, the Secretary of Health and Human Services,
the Secretary of Business, Transportation and Housing, the Secretary
of Food and Agriculture, and the Director of Emergency Services.
   (b) The Secretary for Environmental Protection shall chair the
council.
   99532.  The council shall do all of the following:
   (a) Coordinate activities of state agencies that are related to
cross-border programs, initiatives, projects, and partnerships that
exist within state government, to improve the effectiveness of state
and local efforts that are of concern between California and Mexico.
   (b) Establish policies to coordinate the collection and sharing of
data related to cross-border issues between and among agencies.
   (c) Identify and recommend to the Legislature changes in law
needed to achieve the goals of this section.
   99533.  Beginning January 1, 2008, the council shall submit a
report to the Legislature on the council's activities annually.
 
  SEC. 6.    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 Imperial County. 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) As used in this section, the following terms have the
following meanings:
   (1) "Agency" means the California Environmental Protection Agency.

   (2) "City" means the City of Calexico, California.
   (3) "Council" means the California-Mexico Border Relations Council
established pursuant to Section 99531 of the Government Code.
   (4) "County" means the County of Imperial, California.
   (5) "IBWC" means the International Boundary and Water Commission,
United States Section.
   (6) "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.
   (c) Pursuant to the authority granted to the council under Section
99532 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 water flows
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.
                                                          (d) (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.
   (e) This section does not modify existing roles, responsibilities,
or liabilities of the State of California, the City of Calexico,
Imperial County, or any other governmental agency, under those laws
that regulate, protect, and clean up surface waters entering the
United States from Mexico.
   (f) 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.