Bill Text: CA AB148 | 2013-2014 | Regular Session | Amended

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

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Bill Title: Salton Sea restoration.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-07-16 - Chaptered by Secretary of State - Chapter 124, Statutes of 2014. [AB148 Detail]

Download: California-2013-AB148-Amended.html

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BILL NUMBER: AB 148	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JANUARY 6, 2014

INTRODUCED BY   Assembly Member V. Manuel Pérez

                        JANUARY 18, 2013

   An act to  add Chapter 8.65 (commencing with Section
25752) to Division 15   amend Sections 2940 and 2942
 of the  Public Resources   Fish and Game
 Code, relating to  renewable energy   the
Salton Sea  .



	LEGISLATIVE COUNSEL'S DIGEST


   AB 148, as amended, V. Manuel Pérez.  Renewable energy:
 Salton  Sea.   Sea Restoration. 

   (1) Existing law requires the Secretary of the Natural Resources
Agency, in consultation and coordination with the Salton Sea
Authority, to lead Salton Sea restoration efforts. Existing law
requires the secretary and the Legislature to maintain full authority
and responsibility for any state obligation under a specified
Quantification Settlement Agreement. Existing law requires the
secretary and the Legislature to have final approval for any proposed
restoration plan.  
    This bill would revise language stating legislative intent
regarding restoring the Salton Sea. This bill would eliminate the
requirement that the secretary and the Legislature have final
approval for any proposed restoration plan. This bill would recast
the requirement that the secretary and the Legislature maintain full
authority and responsibility for any state obligation under the
Quantification Settlement Agreement to instead provide that specified
provisions of law do not alter any state responsibility under the
Quantification Settlement Agreement or the state's authority to carry
out that responsibility.  
    (2) Existing law authorizes the Salton Sea Authority to lead a
restoration funding and feasibility study, in consultation with the
Natural Resources Agency, as prescribed.  
   This bill would instead authorize the authority to undertake a
feasibility study, in consultation with the Secretary of the Natural
Resources Agency, as prescribed.  
   (3) Existing law prohibits an evaluation, study, review, or other
activity undertaken pursuant to specified provisions of law from
delaying 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. 

   This bill would also prohibit an evaluation, study, review, or
other activity undertaken pursuant to those provisions of law from
delaying the planning and implementation of ongoing and planned
restoration projects.  
   Existing law requires the State Energy Resources Conservation and
Development Commission to administer the Renewable Energy Resources
Program to increase the amount of electricity generated by renewable
electricity generation resources per year so that the amount equals
at least 33% of total retail sales of electricity in California by
December 31, 2020.  
   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.
 
   This bill would require the Secretary of the Natural Resources
Agency, in consultation and coordination with the Salton Sea
Authority, to establish a Salton Sea Renewable Energy and Biofuel
Research and Development Program in the Salton Sea basin to meet
high-priority economic and environmental goals by providing grants to
facilitate research and the commercial development of renewable
energy and biofuel resources. The bill would further authorize the
secretary, in consultation and coordination with the authority, to
provide grants to eligible research institutions and commercial
enterprises for research and demonstration projects leading to the
commercial development of the Salton Sea's vast renewable energy and
biofuel resources. To be eligible for a grant, the bill would require
a commercial enterprise for a demonstration project to agree to a
royalty or other revenue arrangement. The bill would require
royalties and revenues received to be deposited into the Salton Sea
Restoration Fund. The bill would require the secretary by July 1,
2014, to initiate the rulemaking process for the program and a
process for the application, review, and issuance of grants.

   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.    Section 2940 of the   Fish and
Game Code   is amended to read: 
   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 local governments, nonprofit
organizations, private businesses, and the public, 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   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 projects using
the best available technology or best available control measures, 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 local, 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.
   SEC. 2.    Se   ction 2942 of the  
Fish and Game Code   is amended to read: 
   2942.  (a) (1) The secretary, in consultation and coordination
with the authority, shall lead the Salton Sea restoration efforts
that shall include all of the following:
   (A) Early start 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, in consultation and coordination
with local and regional air quality agencies, 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  
Nothing in this article shall alter   any state
responsibility  under the Quantification Settlement Agreement
 or the state's authority to carry out any  
responsibility 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 cost 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 an 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 authority may  lead a restoration funding and
  undertake a  feasibility study, in consultation
with the  agency,   secretary,  to do the
following:
   (A) Investigate access and utility agreements that may contribute
to the 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 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  restor   ation or  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.   agreements.  
  SECTION 1.    Chapter 8.65 (commencing with
Section 25752) is added to Division 15 of the Public Resources Code,
to read:
      CHAPTER 8.65.  SALTON SEA RENEWABLE ENERGY AND BIOFUEL RESEARCH
AND DEVELOPMENT PROGRAM


   25752.  This act shall be known, and may be cited, as the Salton
Sea Renewable Energy and Biofuel Research and Development Program.
   25752.1.  The Legislature finds and declares all of the following:

   (a) 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.
   (b) Until recently, the amount of water entering the Salton Sea
was roughly balanced by the amount of water evaporating from its
broad surface.
   (c) In 2003, the Legislature enacted legislation implementing the
Quantification Settlement Agreement (QSA), a water transfer agreement
between the Imperial Irrigation District and the San Diego
Metropolitan Water District, that represented the largest
agriculture-to-urban water transfer in the history of the United
States.
   (d) Under the QSA, the state agreed to cover the cost of
mitigating the effects of the water transfer on the Salton Sea beyond
the first one hundred thirty-three million dollars ($133,000,000) in
costs.
   (e) According to an analysis by the Pacific Institute, by 2018,
reduced water inflows to the sea will reduce the sea's depth by five
feet, resulting in the exposure of 26.5 square miles of currently
submerged lake bed. By 2037, the sea's depth will drop by up to 27
feet, resulting in the exposure of 134 square miles of lake bed.
   (f) From 1913 to 1924, inclusive, a similar rural-to-urban water
transfer occurred when the Los Angeles Department of Water and Power
(LADWP) began exporting water from Owens Lake to Los Angeles. After
only 11 years, LADWP had successfully drained all but a fraction of
Owens Lake, exposing over 100 square miles of lake bed.
   (g) For decades, the winds blowing across the exposed lake bed of
Owens Lake eroded fine-grained sediments and salts, lofting them into
the air, creating the single largest source of fugitive dust in the
United States.
   (h) Since 1998, LADWP has spent one billion two hundred million
dollars ($1,200,000,000) to stem dust pollution in Owens Valley
mainly by flooding a 40-square-mile area of exposed lake bed at a
cost of 30 billion gallons of water a year.
   (i) In 2012, the State Air Resources Board upheld an additional
order by the Great Basin Air District that required LADWP to flood an
additional three square miles of exposed lake bed at an estimated
cost of four hundred million dollars ($400,000,000). LADWP has
appealed the state's order in federal court.
   (j) Considering that LADWP will likely spend up to one billion six
hundred million dollars ($1,600,000,000) to mitigate dust pollution
resulting from its draining of Owens Lake, and the likelihood that
mitigating dust pollution created by the Salton Sea will be
substantially more expensive because up to 135 square miles of lake
bed will be exposed as compared to only 100 square miles at Owens
Lake. The creation of the Salton Sea Renewable Energy and Biofuel
Research and Development Program will enable the creation of a
dedicated and continuous funding stream to mitigate dust pollution
resulting from the QSA.
   (k) The creation of the Salton Sea Renewable Energy and Biofuel
Research and Development Program will also encourage the development
of one of the state's largest sources of renewable energy and provide
a significant source of future revenue for the restoration of the
Salton Sea in the form of royalties or other revenue sharing funds.
   25752.2.  (a) For the purposes of this section, "Salton Sea
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.
   (b) The Secretary of the Natural Resources Agency, in consultation
and coordination with the Salton Sea Authority, shall establish a
Salton Sea Renewable Energy and Biofuel Research and Development
Program to meet high-priority economic and environmental goals by
providing grants to facilitate research and the commercial
development of renewable energy and biofuel resources in the Salton
Sea basin.
   (c) The secretary, in consultation and coordination with the
Salton Sea Authority, may provide grants to eligible research
institutions and commercial enterprises for research and development
projects and demonstration projects intended to lead to the
commercial development of the Salton Sea's renewable energy and
biofuel resources pursuant to this section. The projects shall be
sited within the Salton Sea basin, as designated by the secretary.
Demonstration projects by commercial enterprises and research
institutions shall do all of the following:
   (1) Improve air quality by reducing criteria and toxic air
pollutants, including fine particulates originating from the dry sea
bed.
   (2) Improve water quality in the Salton Sea that will stabilize
marine habitats for fish and migratory birds.
   (3) Present new options for the state's restoration plan of the
Salton Sea.
   (4) Demonstrate the scalability of renewable energy and biofuel
resources at the Salton Sea, including the following:
   (A) Agricultural algae cultivation and production.
   (B) Geothermal resource extraction and associated byproducts.
   (C) Desalination technologies.
   (D) Solar and wind development.
   (5) Demonstrate the proposed project will have economic and job
creating benefits for the Salton Sea basin.
   (d) The secretary shall initiate the rulemaking process for the
Salton Sea Renewable Energy and Biofuel Research and Development
Program and a process for the application, review, and issuance of
grants under subdivision (c) no later than July 1, 2014.
   (e) A commercial enterprise, to be eligible for a grant under
subdivision (c) for a demonstration project, shall meet all of the
following requirements:
   (1) Be incorporated as a business authorized to do business in the
state.
   (2) Provide matching funds for the proposed project.
   (3) Certify use of state funds solely for the proposed project
sited within the state.
   (4) Demonstrate the proposed project will have substantial
environmental and economic benefits to the Salton Sea basin region.
   (5) Identify a customer or customers for the product to be
developed.
   (6) Agree to a royalty or other revenue sharing arrangement
ensuring the state's ongoing financial participation in commercially
viable operations authorized under the Salton Sea Renewable Energy
and Biofuel Research and Development Program.
   (f) A research institution, to be eligible for a grant under
subdivision (c) for a research and development project, shall meet
all of the following requirements:
   (1) Be a nonprofit or educational research institution or
consortium.
   (2) Provide matching funds for the proposed project.
   (3) Certify use of state funds solely for the proposed project
sited within the state.
   (4) Demonstrate how the proposed project will help lead to the
commercial development of the Salton Sea's vast renewable energy and
biofuel resources.
   (5) Demonstrate the proposed project will have substantial
environmental and economic benefits to the Salton Sea basin region.
   (g) Royalties and revenues collected by the state pursuant to
paragraph (6) of subdivision (e) shall be deposited in the Salton Sea
Restoration Fund.