Bill Text: CA SB1365 | 2017-2018 | Regular Session | Amended


Bill Title: Salton Sea: Office of Salton Sea Restoration: design-build contract: reorganization.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2018-08-16 - Re-referred to Com. on W.,P., & W. pursuant to Assembly Rule 77.2. [SB1365 Detail]

Download: California-2017-SB1365-Amended.html

Amended  IN  Assembly  August 16, 2018
Amended  IN  Assembly  July 05, 2018
Amended  IN  Senate  April 30, 2018
Amended  IN  Senate  April 02, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Senate Bill No. 1365


Introduced by Senator Hueso
(Principal coauthor: Assembly Member Eduardo Garcia)

February 16, 2018


An act to add Section 31121 to the Public Resources Code, relating to coastal resources. amend Section 2941 of, and to add Sections 2941.5, 2944, and 2946 to, the Fish and Game Code, relating to the Salton Sea.


LEGISLATIVE COUNSEL'S DIGEST


SB 1365, as amended, Hueso. State Coastal Conservancy: grants for nonprofit organizations. Salton Sea: Office of Salton Sea Restoration: design-build contract: reorganization.
The Salton Sea Restoration Act 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, including the act, specifies various sources of funding for Salton Sea restoration and mitigation projects, and provides for the allocation of various responsibilities among state agencies and regional water agencies for implementation and administration of those projects. Under the act, the state’s comprehensive management plan for the Salton Sea is known as the “John J. Benoit Salton Sea Restoration Plan.”
This bill would establish in the Department of Water Resources the Office of Salton Sea Restoration, which would be under the administration and direction of the Director of Salton Sea Restoration. The bill would also provide for the establishment, within the office, of the Salton Sea Restoration Board, as provided. The bill would reorganize existing responsibilities of state agencies under the Salton Sea Restoration Act by requiring, on or before June 30, 2020, that projects under the supervision, direction, or control of those agencies, and associated authorities, responsibilities, and functions of those agencies, be transferred to the office. Pursuant to this reorganization, the bill would require the director, in consultation with the board, to implement the John J. Benoit Salton Sea Restoration Plan and to carry out other activities relating to restoration of the Salton Sea, as specified.
The bill would require, on or before June 30, 2019, the Department of Water Resources to enter into a design-build contract, as provided, to undertake specified Salton Sea restoration projects.

Existing law establishes the State Coastal Conservancy, and prescribes the membership and functions and duties of the conservancy with regard to the protection, preservation, and enhancement of specified coastal lands in the state. Existing law authorizes the conservancy to award various grants in furtherance of its duties, including, but not limited to, grants to public agencies and nonprofit organizations for activities to address the impacts of climate change and grants to nonprofit organizations, educational institutions, and public agencies for the purpose of educational projects and programs for pupils in kindergarten and grades 1 to 12, inclusive, relating to the preservation, protection, enhancement, and maintenance of coastal resources.

This bill would authorize the conservancy to award mitigation funds not otherwise restricted to fund grants for nonprofit organizations that offer scientific, educational, cultural, or heritage programs that focus on the history and stewardship of the ocean and coastal resources.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 2941 of the Fish and Game Code is amended to read:

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) “Design-build” means a project delivery process in which both the design and construction of a project are procured from a single entity.

(b)

(c) “Habitat mosaics” means two or more proximate habitat types, such as saltwater shoreline abutting riverine deltas and irrigated farmland.
(d) “Local governmental entity” means any city, county, city and county, district, joint powers authority, other political subdivision of the state, or Indian tribe in the Salton Sea area.

(c)

(e) “Quantification Settlement Agreement” has the same meaning as defined in subdivision (a) of Section 1 of Chapter 617 of the Statutes of 2002.

(d)

(f) “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.
(g) “Salton Sea Management Program” means the program for implementation of the John J. Benoit Salton Sea Restoration Plan, as described in Section 2930.

(e)

(h) “Secretary” means the Secretary of the Natural Resources Agency.

(f)

(i) “Vector management” means services that eliminate or reduce the risk of illness caused by any organism transporting a pathogen.

SEC. 2.

 Section 2941.5 is added to the Fish and Game Code, to read:

2941.5.
 (a) There is established in the Department of Water Resources an Office of Salton Sea Restoration.
(b) The Governor shall appoint, subject to confirmation by a majority of the Senate, a Director of Salton Sea Restoration who shall administer and direct the Office of Salton Sea Restoration.
(c) Pursuant to the reorganization required by Section 2946, the Director of Salton Sea Restoration, in consultation with the Salton Sea Restoration Board established pursuant to subdivision (d), shall do all of the following:
(1) Implement the Salton Sea Management Program to protect public health, wildlife, and the environment in the Salton Sea area.
(2) Implement Order WR 2017-0134, issued by the State Water Resources Control Board on November 7, 2017, or a subsequent revision of that order.
(3) Determine the steps necessary for creation of an enhanced infrastructure financing district in the Salton Sea area, as provided in the Memorandum of Understanding Between the County of Imperial and the County of Riverside Concerning Unified Support on the Salton Sea entered into on June 26, 2018, and assist in the creation of the district.
(4) Identify the highest priority projects and initiatives for which funding is needed.
(5) Undertake efforts to enhance public use and enjoyment of lands owned by the public in the Salton Sea area.
(6) Support efforts that advance environmental preservation and the economic well-being of residents of the Salton Sea area in ways that complement one another.
(d) (1) There shall be in the Office of Salton Sea Restoration a Salton Sea Restoration Board.
(2) The membership of the board shall consist of the following:
(A) Representatives of appropriate state agencies.
(B) Representatives of local governmental entities, to be appointed by the governing bodies of those entities.

SEC. 3.

 Section 2944 is added to the Fish and Game Code, to read:

2944.
 (a) The Legislature finds and declares that the design-build method of project delivery is necessary to ensure the immediate implementation of restoration projects for protection of public health, wildlife, and the environment in the Salton Sea area.
(b) On or before June 30, 2019, the Department of Water Resources shall enter into a design-build contract to undertake projects identified in the following documents:
(1) The Salton Sea Management Program Phase I: 10-Year Plan, dated March 2017, or a subsequent revision of that Phase I plan.
(2) Order WR 2017-0134, issued by the State Water Resources Control Board on November 7, 2017, or a subsequent revision of that order.
(c) Notwithstanding Article 6 (commencing with Section 10187) of Chapter 1 of Part 2 of Division 2 of the Public Contract Code, the Department of Water Resources shall expedite the procurement process otherwise applicable pursuant to subdivision (c) of Section 2942 to address the urgency of initiating and completing projects specified in subdivision (b) of this section.
(d) A design-build entity shall carry out a design-build contract entered into pursuant to subdivision (b) under the supervision, direction, and control of the Department of Water Resources or the agency, as appropriate.

SEC. 4.

 Section 2946 is added to the Fish and Game Code, to read:

2946.
 Notwithstanding any other provision of this article, on or before June 30, 2020, projects undertaken pursuant to this article that are under the supervision, direction, or control of the agency, the Department of Water Resources, or the department, and the authorities, responsibilities, and functions conferred on those agencies by this article to undertake those projects, shall be transferred to the Office of Salton Sea Restoration.

SECTION 1.Section 31121 is added to the Public Resources Code, to read:
31121.

Mitigation funds not otherwise restricted may be awarded by the conservancy for funding grants to nonprofit organizations that offer scientific, educational, cultural, or heritage programs that focus on the history and stewardship of the ocean and coastal resources.

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