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 SENATE  MARCH 24, 2014
	AMENDED IN ASSEMBLY  JANUARY 6, 2014

INTRODUCED BY   Assembly Member V. Manuel Pérez

                        JANUARY 18, 2013

   An act to amend Sections 2940 and 2942 of the Fish and Game Code,
relating to the Salton Sea.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 148, as amended, V. Manuel Pérez. Salton Sea 
Restoration.   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   The
 bill would eliminate the requirement that the secretary and the
Legislature have final approval for any proposed restoration plan.
 This   The  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   lead  a feasibility study, in 
consultation   coordination and under contract 
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.
   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) 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.  Section 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) 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.
   (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  undertake   lead
 a feasibility study, in  consultation  
coordination and under contract  with the 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 restoration or mitigation projects, including, but not
limited to, the Salton Sea Species Conservation Habitat Project or
other measures pursuant to existing state and federal programs and
agreements.