Bill Text: CA AB147 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Economic development projects.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2014-08-07 - From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS. [AB147 Detail]

Download: California-2013-AB147-Amended.html

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BILL NUMBER: AB 147	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2013
	AMENDED IN ASSEMBLY  APRIL 9, 2013

INTRODUCED BY   Assembly Member V. Manuel Pérez
   (Principal coauthor: Senator Hueso)

                        JANUARY 18, 2013

    An act add to Article 3 (commencing with Section 2951) to
Chapter 13 of Division 3 of the Fish and Game Code, relating to the
environment.   An act to amend Section 2932 of the Fish
and Game Code, and to add Chapter 6 (commencing with Section 42750)
to Part 4 of Division 26 of the Health and Safety Code, relating to
the environment. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 147, as amended, V. Manuel Pérez. Environment: Salton Sea: dust
mitigation.
   Existing law establishes the Salton Sea Restoration Fund that is
administered by the Director of Fish and Game and, upon appropriation
by the Legislature, used for the restoration of the Salton Sea.
   Existing law implements the Quantification Settlement Agreement
(QSA), which was entered into by various parties to budget their
portions of California's apportionment of Colorado River water and to
provide a framework for conservation measures and water transfers
for a period of up to 75 years. Existing law provides for a framework
to mitigate the environmental impacts on the Salton Sea caused by
the QSA water transfer.  Existing law authorizes the Department
of Fish and Wildlife to enter into a joint powers agreement with
specified local agencies to establish a   joint powers
authority for the purposes of providing for the payment of costs for
environmental mitigation requirements. 
   This bill would require the  Secretary of the Natural
Resources Agency   State Air Resources Board  ,
upon the execution of an agreement with  specified air
quality management districts   the joint powers
authority  , to  develop, in consultation with the State
Air Resources Board and the Salton Sea Authority, a strategic plan,
containing specified elements, to guide the implementation of a
project to monitor and mitigate dust pollution created at the Salton
Sea as a result of the implementation of the QSA  
evaluate and determine with the air quality planning completed by the
authority is sufficient to mitigate the air quality impacts of the
QSA. In the event that the state board concludes that additional
mitigation measures are needed, the bill would require the state
board to submit recommendation to the authority. The bill would
authorize moneys in the fund, upon appropriation by the Legislature,
to be expended by the state board for the above purposes  .

   This bill would establish the Salton Sea Dust Mitigation Project
Account in the Salton Sea Restoration Fund for the purposes of
receiving moneys to fund the implementation of the project, and, upon
appropriation by the Legislature, moneys in the account would be
used to mitigate dust pollution arising from the implementation of
the QSA. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a)  The Legislature finds and declares all of the
following:
   (1) The Salton Sea is California's largest lake, covering 365
square miles, and it serves as an important stop on the annual
Pacific Flyway migratory route, supporting over 400 species of birds
and representing over two-thirds of all birds in the continental
United States.
   (2) The Salton Sea is located in the Imperial Valley and Coachella
Valley of southern California and rests in close proximity to
thousands of residents.
   (3) In 2003, the Legislature enacted statutes (Chapters 611, 612,
and 613 of the Statutes of 2003) to facilitate the execution and
implementation of the Quantification Settlement Agreement (QSA) and
related agreements, including a transfer of conserved water from the
Imperial Irrigation District to the San Diego Water Authority. As
part of those statutes, the Legislature declared its intent that the
State of California undertake the restoration of the Salton Sea
ecosystem and the permanent protection of wildlife dependent on the
ecosystem.
   (4) Implementation of the water transfer from the Imperial
Irrigation District to the San Diego Water Authority will reduce
agricultural drainage inflow to the Salton Sea, reducing the sea's
depth and result in the exposure of currently submerged sea lakebed.
   (5) The exposure of previously submerged sea lakebed has the
potential to significantly increase fugitive dust emissions for
particulate matter of 10 or less microns in diameter (PM10) as winds
blow across exposed lakebed eroded fine-grained sediments and salts,
lofting them into the air.
   (6) At Owens Lake, a lake drained by the Los Angeles Department of
Water and Power, the cost of mitigation fugitive dust emissions
arising from the exposed lakebed has reached $1,200,000,000. 
   (7) As part of the Quantification Settlement Agreement, the state
entered into a Joint Powers Agreement (QSA-JPA) for purposes of
financing the mitigation of the environmental impacts resulting from
the QSA. The parties of the QSA-JPA include the State of California
acting by and through the Department of Fish and Wildlife, the
Coachella Valley Water District, the Imperial Irrigation District,
and the San Diego County Water Authority.  
   (8) Under the QSA-JPA, the nonstate member agencies are liable for
the cost of mitigating the environmental impacts of the QSA up to
the first $133 million. The QSA-JPA nonstate member agencies have
spent a considerable amount of time and resources developing plans to
meet this obligation.  
   (9) Under Section 9.2 of the QSA-JPA, the state agreed to "an
unconditional contractual obligation" to pay for the cost of
mitigating the environmental impact of the QSA above the first $133
million in costs. 
   (b) It is the intent of the Legislature  to develop a
strategic plan for dealing with air pollution resulting from the QSA,
including quantifying the extent of dust pollution, cataloging the
chemicals likely to be present in the dust pollution, including
dichlorodiphenyltrichloroethan from decades of agricultural runoff
draining into the Salton Sea, and identifying additional funding
mechanisms to pay for mitigation costs, including, but not limited
to, harvesting the renewable energy generating potential of the
Salton Sea.   , in enacting this measure, to have the
State Air Resources Board evaluate the air quality planning completed
by the Joint Powers Authority established by QSA-JPA to determine if
it is sufficient to mitigate the air quality impacts of the QSA and
ensure that when the state assumes liability over mitigating the
environmental impacts of the QSA that the air   quality
mitigation work completed by the authority continue uninterrupted.

   SEC. 2.    Section 2932 of the   Fish and
Game Code   is amended to read: 
   2932.  There is hereby established the Salton Sea Restoration Fund
which shall be administered by the director. Money deposited in the
fund shall be expended, upon appropriation by the Legislature, for
the following purposes:
   (a) Environmental and engineering studies related to the
restoration of the Salton Sea and the protection of fish and wildlife
dependent on the sea. 
   (b) (1) Air quality evaluations conducted by the State Air
Resources Board for purposes of providing the joint powers authority
established pursuant to Chapter 613 of the Statutes of 2003 with
guidance on how to appropriately mitigate the air quality impacts
resulting from the Quantification Settlement Agreement.  
   (2) For the purposes of this subdivision, "Quantification
Settlement Agreement" has the same meaning as defined in subdivision
(a) of Section 1 of Chapter 617 of the Statutes of 2002. 

   (b) 
    (   c)  Implementation of conservation measures
necessary to protect the fish and wildlife species dependent on the
Salton Sea, including adaptive management measurements pursuant to
Section 2081.7. These conservation measures shall be limited to the
Salton Sea and lower Colorado River ecosystems, including the
Colorado River Delta. 
   (c) 
    (   d)  Implementation of the preferred Salton
Sea restoration alternative. 
   (d) 
    (   e)  Administrative, technical, and public
outreach costs related to the development and selection of the
preferred Salton Sea restoration alternative.
   SEC. 3.    Chapter 6 (commencing with Section 42750)
is added to Part 4 of Division 26 of the   Health and Safety
Code   , to read:  
      CHAPTER 6.  SALTON SEA DUST MITIGATION


   42750.  Unless the context requires otherwise, as used in this
chapter, the following terms mean the following:
   (a) "Air districts" means the Imperial County Air Pollution
Control District and South Coast Air Quality Management District.
   (b) "Authority" means the joint powers authority established
pursuant to an agreement entered into pursuant to Chapter 613 of the
Statutes of 2003.
   (c) "County" means either of the following:
   (1) The County of Riverside.
   (2) The County of Imperial.
   (d) "Quantification Settlement Agreement" has the same meaning as
defined in subdivision (a) of Section 1 of Chapter 617 of the
Statutes of 2002.
   (e) "Valley" means either of the following:
   (1) The Imperial Valley.
   (2) The Coachella Valley.
   42751.  (a) Upon the execution of an agreement between the state
board and the authority for purposes of compiling the air quality
mitigation planning completed by the authority, the state board shall
evaluate and determine if the air quality planning completed by the
authority is sufficient to mitigate the air quality impacts of the
Quantification Settlement Agreement.
   (b) In determining if the authority's air quality planning is
adequate to mitigate the air quality impacts of the Quantification
Settlement Agreement, the state board shall evaluate all of the
following:
   (1) The quantified current and projected exposed sea lake bed
arising from the Quantification Settlement Agreement.
   (2) The quantified current and projected exposed sea lake bed
arising from factors other than the Quantification Settlement
Agreement.
   (3) The profiled Salton Sea lake bed aerosols, given chemicals
that have historically drained into the sea from both agricultural
runoff and water coming from Mexico over the New River, including
Dichlorodiphenyltrichloroethane or "DDT."
   (4) The prioritization of mitigation measures that can be
instituted at the sea to enable both valleys to meet National Ambient
Air Quality Standards for particulate matter, including the
applicability of measures used to mitigate ambient dust pollution at
Owens Lake.
   (c) (1) To the extent the state board concludes additional
mitigation planning needs to take place to mitigate the air quality
impacts of the Quantification Settlement Agreement, the state board
shall submit recommendations to the authority.
   (2) To the extent the state board recommends to the authority
additional planning work that needs to be completed pursuant to
paragraph (1), the state board shall make recommendations in a manner
to minimize costs on the authority, including both of the following:

   (A) The appropriate agencies or departments with whom the
authority may work, including the air districts for purposes of
accessing work the air districts have already completed as part of
their state implementation plan planning activities.
   (B) The appropriate number, model, and placement of air quality
monitors in the Salton Sea basin to ensure aerosols arising from the
sea are properly monitored.
   (d) This section does not modify existing roles, responsibilities,
or liabilities of the State of California, the County of Imperial,
the County of Riverside, or any other governmental agency, under the
Quantification Settlement Agreement.
   (e) Moneys in the Salton Sea Restoration Fund shall, upon
appropriation by the Legislature, be expended by the state board for
purposes of this chapter.  
  SEC. 2.    Article 3 (commencing with Section
2951) is added to Chapter 13 of Division 3 of the Fish and Game Code,
to read:

      Article 3.  Dust Mitigation


   2951.  Unless the context requires otherwise, as used in this
part, the following terms mean the following:
   (a) "Authority" means the Salton Sea Authority, a 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.

   (b) "County" means either of the following:
   (1) The County of Riverside.
   (2) The County of Imperial.
   (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 Dust Mitigation Project" or "project" means a
project to monitor and mitigate dust pollution created at the Salton
Sea as a result of the Quantification Settlement Agreement.
   (e) "Secretary" means the Secretary of Natural Resources Agency.
   (f) "State board" means the State Air Resources Board.
   (g) "Valley" means either of the following:
   (1) The Imperial Valley.
   (2) The Coachella Valley.
   2952.  (a) Upon the execution of an agreement with the Imperial
Air Quality Management District and the South Coast Air Quality
Management District, and for purposes of providing the necessary
funding, the secretary, in consultation and coordination with the
state board and the authority, shall develop a strategic plan to
guide the implementation of the Salton Sea Dust Mitigation Project.
The strategic plan shall include, but is not limited to, all of the
following elements:
   (1) Quantification of current and projected exposed sea lake bed
arising from the Quantification Settlement Agreement.
   (2) Quantification of current and projected exposed sea lake bed
arising from factors other than the Quantification Settlement
Agreement.
   (3) Profile of Salton Sea lake bed aerosols, given chemicals that
have historically drained into the sea from both agricultural runoff
and water coming from Mexico over the New River, including
Dichlorodiphenyltrichloroethan or "DDT."
   (4) Prioritization of mitigation measures that can be instituted
at the sea to enable both valleys to meet National Ambient Air
Quality Standards for particulate matter.
   (5) Identification and prioritization of funding streams that can
be accessed or developed for purposes of paying for dust mitigation
measures at the sea, including an analysis of how to best monetize
the renewable energy generating potential of the Salton Sea.
   (b)  To the extent permitted by law, the secretary, in
consultation and coordination with the state board and the authority,
may work with appropriate binational, federal, state, local, and
nongovernmental organizations on both sides of the California-Mexico
border to develop the strategic plan.
   (c) (1) To further the objectives of this part, the secretary, in
consultation and coordination with the state board and the authority,
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 secretary, in
consultation and coordination with the state board and the authority.

   (2) The secretary, in consultation and coordination with the state
board and the authority, shall appoint the chair of the committee
and may expand the membership and expertise of the committee as it
deems necessary.
   (d) The secretary, in consultation and coordination with the state
board and the authority, may enter into an agreement, including an
interagency agreement and memorandum of understanding, with public
agencies, including the county, 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 County of Imperial,
the County of Riverside, or any other governmental agency, under the
Quantification Settlement Agreement.
   (f) The Salton Sea Dust Mitigation Project Account is hereby
created in the Salton Sea Restoration Fund to receive moneys for
activities related to the Salton Sea Dust Mitigation Project from
sources identified in paragraph (5) of subdivision (a) and other
sources. Upon appropriation by the Legislature, moneys in the account
shall be expended to mitigate dust pollution arising from the
implementation of the Quantification Settlement Agreement.