2940-2947
FISH AND GAME CODE
SECTION 2940-2947
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 unparalleled
wildlife resources at the sea, as well as air quality in the region.
(d) In cooperation with local governments, nonprofit
organizations, private business, and the public, the Salton Sea
Restoration Council 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) Eliminate air quality impacts from restoration projects 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.
2941. Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this article.
(a) "Agency" means the Natural Resources Agency.
(b) "Council" means the Salton Sea Restoration Council.
(c) "Habitat mosaics" means two or more proximate habitat types,
such as saltwater shoreline abutting riverine deltas and irrigated
farmland.
(d) "Salton Sea watershed" means the geographic boundaries of the
Salton Sea basin, defined as the United States Geologic Survey
Hydrologic Unit 18100200 ("Salton Sea").
(e) "Sea" means the Salton Sea.
(f) "Secretary" means the Secretary of the Natural Resources
Agency.
(g) "Vector management" means services that eliminate or reduce
the risk of illness caused by any organism transporting a pathogen.
2942. (a) There is in the Natural Resources Agency the Salton Sea
Restoration Council, which is established as a state agency to
oversee the restoration of the Salton Sea, including all of the
following:
(1) Early start habitat demonstration projects.
(2) Biological investigations relating to the restoration of the
Salton Sea.
(3) Investigations of water quality, sedimentation, and inflows
relating to the restoration of the Salton Sea.
(4) Air quality investigations relating to the restoration of the
Salton Sea.
(5) Geotechnical investigations relating to the restoration of the
Salton Sea.
(6) Coordination with the Imperial Irrigation District, the
Coachella Valley Water District, the Torres Martinez Tribe, and other
landowners in the vicinity of the Salton Sea.
(7) Investigations of access and utility agreements relating to
the restoration of the Salton Sea.
(b) For the purpose of developing a restoration plan pursuant to
this section, the council shall evaluate Salton Sea restoration
plans, including, but not limited to, the alternatives described in
Chapter 3 of Volume I of the Salton Sea Restoration Program Draft
Programmatic Environmental Impact Report, dated October 2006, and the
program components of those alternatives.
(c) The council shall report to the Governor and the Legislature
by June 30, 2013, with a recommended Salton Sea restoration plan. In
recommending a restoration plan, the council 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.
(d) In conducting its duties pursuant to this section, the council
shall comply with both of the following requirements:
(1) The council shall act consistent with the purposes of the
Salton Sea Restoration Fund specified in Section 2932.
(2) The council shall work collaboratively with local governments
and interested parties.
2944. (a) The council shall consist of the following groups:
(1) An executive committee.
(2) A science committee.
(3) A local government forum.
(4) A stakeholder forum.
(b) The executive committee shall consist of 16 voting members and
8 nonvoting members, appointed or designated as follows:
(1) The 16 voting members of the executive committee shall consist
of all of the following:
(A) The Director of Fish and Game.
(B) The Director of Water Resources.
(C) The Director of Parks and Recreation.
(D) The Chairperson of the State Water Resources Control Board.
(E) The Chairperson of the State Air Resources Board.
(F) The Treasurer.
(G) The Director of Finance.
(H) One public member appointed by the Governor, who is not an
elected official and who represents a statewide public health
organization.
(I) One public member appointed by the Speaker of the Assembly,
who is not an elected official and who represents a statewide hunting
or fishing organization.
(J) One public member appointed by the Senate Committee on Rules,
who is not an elected official and who represents a statewide
environmental organization.
(K) One member from, and selected by, the Imperial County Board of
Supervisors, if that board agrees to do so.
(L) One member from, and selected by, the Riverside County Board
of Supervisors, if that board agrees to do so.
(M) One member from, and selected by, the Board of Directors of
the Coachella Valley Water District, if that board agrees to do so.
(N) One member from, and selected by, the Board of Directors of
the Imperial Irrigation District, if that board agrees to do so.
(O) One member selected by the Tribal Council of the Torres
Martinez Band of Desert Cahuilla Indians, if that council agrees to
do so.
(P) One member selected by the Tribal Council of the Cabazon Band
of Mission Indians, if that council agrees to do so.
(2) The members appointed pursuant to subparagraphs (H) to (J),
inclusive, of paragraph (1) shall serve one term of four years, and
may be reappointed to one additional term.
(3) A state, local, or tribal official who is a member of the
executive committee may designate a member of his or her executive
staff, or, in the case of the Chairperson of the State Water
Resources Control Board, the board's executive director or another
member of the board, to vote on his or her behalf and otherwise
discharge the duties of the member when the member is not in
attendance. Notice of this designation shall be promptly communicated
in writing to the chairperson of the executive committee.
(4) The nonvoting members of the executive committee shall consist
of all of the following, as they may be available:
(A) The lead scientist.
(B) One representative of the United States Environmental
Protection Agency.
(C) One representative of the United States Bureau of Reclamation.
(D) One representative of the United States Fish and Wildlife
Service.
(E) One representative of the United States Army Corps of
Engineers.
(F) One representative of the United States Geological Survey.
(G) One representative of the federal Bureau of Land Management.
(H) One representative of the United States Department of Defense.
(c) (1) The science committee shall consist of the lead scientist
and national and locally recognized experts familiar with large-scale
wetlands and marine restoration efforts and knowledgeable about the
application of adaptive management protocols and long-term
monitoring. The science committee shall also include experts in dike
design and dredging, water treatment, and hydraulics.
(2) (A) The lead scientist shall be appointed by the executive
committee from candidates recommended by the United States Geological
Survey Salton Sea Science Office or another scientific agency.
(B) If no candidate or candidates are recommended by the United
States Geological Survey Salton Sea Science Office, or another
scientific agency, the lead scientist shall be appointed by the
executive committee.
(C) The lead scientist shall nominate other experts for membership
on the science committee, subject to confirmation by the executive
committee.
(3) The lead scientist and the other members of the science
committee shall serve without compensation, but may be reimbursed for
their actual and necessary expenses, including travel expenses,
incurred in attending meetings of the committee and carrying out the
duties of their office.
(d) The local government forum shall include elected
representatives from within the Salton Sea watershed, if the
governing body of the respective local government agrees to appoint a
designee to the forum, and may include local air pollution control
officials. The council shall request the Salton Sea Authority to
assist the council by doing all of the following:
(1) Inviting local elected representatives to join the forum.
(2) Convening and organizing regular meetings of the forum.
(3) Transmitting information from the executive committee to the
forum.
(4) Transmitting recommendations and suggestions from the forum to
the executive committee.
(e) The stakeholder forum shall consist of interested parties, as
determined by the executive committee, with demonstrated long-term,
ongoing interest in the restoration plan and shoreline, representing
the following categories:
(1) Persons associated with local businesses and community service
districts.
(2) Farmers.
(3) Persons associated with environmental organizations.
(4) Persons associated with public access and recreational
interests.
(5) Persons associated with public infrastructure.
(6) Community advocates.
(7) Persons associated with geothermal companies.
(8) Persons associated with public works.
(9) Public health officials.
(10) Tribal and elected local and state officials.
2945. (a) (1) The executive committee shall serve as the governing
body of the council, and shall provide overall guidance and oversight
on behalf of the restoration program. The members of the executive
committee shall serve without compensation.
(2) The executive committee shall make decisions by a majority of
the total number of voting members. If a conflict exists, a voting
member shall recuse himself or herself from voting on an item.
(3) (A) The voting members of the executive committee shall elect,
annually from among the voting members, a chairperson, a vice
chairperson, and other officers as necessary. The officers may be
reelected.
(B) The offices of chairperson and vice chairperson shall not be
held concurrently by any of the persons in the following categories:
(i) Persons identified in subparagraphs (A) to (G), inclusive, of
paragraph (1) of subdivision (b) of Section 2944.
(ii) Persons identified in subparagraphs (H) to (J), inclusive, of
paragraph (1) of subdivision (b) of Section 2944.
(iii) Persons identified in subparagraphs (K) to (P), inclusive,
of paragraph (1) of subdivision (b) of Section 2944.
(C) If the office of chairperson or vice chairperson becomes
vacant, a new chairperson or vice chairperson shall be elected by the
voting members of the executive committee to serve for the remainder
of the term.
(D) Twelve of the voting members shall constitute a quorum for the
transaction of the business of the executive committee. The
executive committee shall adopt rules, regulations, and procedures
for the conduct of business by the executive committee.
(4) The executive committee shall hold the majority of its
regularly scheduled meetings within the Salton Sea watershed.
(b) The Department of Fish and Game shall be responsible for the
implementation of restoration activities described in paragraphs (1)
and (2) of subdivision (a) and subdivision (b) of Section 2942.
(c) The Department of Water Resources shall be responsible for the
implementation of restoration activities described in paragraphs
(3), (4), (5), and (7) of subdivision (a) and subdivision (b) of
Section 2942.
(d) The science committee shall do all of the following:
(1) Provide best available science and engineering oversight to
the overall planning and implementation processes.
(2) Provide periodic review of local technical investigations
pertaining to the restoration plan design and implementation.
(3) Consult with and advise the stakeholder forum, under the
direction of the lead scientist.
(4) Provide guidance on ongoing short-term planning activities.
(e) The local government forum shall facilitate communication
between local governments and landowners, the executive committee,
and the stakeholder forum on the progress of plan development and
implementation.
(f) (1) The stakeholder forum shall provide ongoing, publicly
derived input to the executive committee relating to habitat
objectives and actions, types and levels of public access, and
integration of air quality management and habitat restoration.
(2) The stakeholder forum shall assist the executive committee and
other council members to gain a broader understanding of public and
interest group perspectives.
(3) The stakeholder forum shall provide focused review and
discussion, and shall seek to achieve consensus on significant
matters, including the following:
(A) Discussion and general agreement on design opportunities and
constraints, and 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.
(g) All members of the executive committee may be reimbursed for
their actual and necessary expenses, including travel expenses,
incurred in attending meetings of the council and the respective
committee and carrying out the duties of their office.
(h) The Salton Sea Restoration Council may do the following:
(1) Sue and be sued.
(2) Enter into contracts pursuant to Article 4 (commencing with
Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the
Government Code, for services requiring knowledge, experience, and
ability not possessed by the council's staff.
(3) Enter into other agreements with public agencies, private
entities, and persons necessary for the proper discharge of its
duties.
(i) (1) Only funds deposited in the Salton Sea Restoration Fund or
nonstate funds may be expended to carry out this article.
(2) The status of the Salton Sea Restoration Fund shall be
included in the Governor's proposed annual budget document.
(3) The council shall advise the Director of Fish and Game with
regard to the expenditure of funds from the Salton Sea Restoration
Fund.
2946. (a) (1) The secretary shall select, in consultation with the
executive committee, the executive director of the council.
(2) The executive director shall be exempt from civil service and
shall serve at the pleasure of the executive committee.
(3) For purposes of this article, the executive director shall be
an employee of the Natural Resources Agency.
(b) The Department of Fish and Game and the Department of Water
Resources shall provide the staff services, using staff currently
dedicated to Salton Sea activities or other staff provided by
legislative action, that the council requires to carry out its
functions, including, but not limited to, all of the following:
(1) Administering grants and expenditures made available to the
council from the Salton Sea Restoration Fund or other sources,
including, but not limited to, block grants from other state boards,
commissions, or departments.
(2) Administering contracts.
(3) Arranging meetings, agendas, and other administrative
functions.
(4) Communication and public outreach, including all of the
following:
(A) Public meetings with interested parties, presentations, and
workshops.
(B) A regularly updated project-specific Internet Web site.
(C) Electronic mail and paper newsletters in English and Spanish.
(5) Evaluation and implementation of restoration alternatives
necessary for the council to fulfill its duties pursuant to Section
2942.
(c) The Director of Fish and Game and the Director of Water
Resources shall enter into interagency agreements with other state
agencies to provide the staff services, using staff dedicated to
Salton Sea activities or other staff provided by legislative action,
to carry out the functions of the council.
2947. (a) The council's jurisdiction is limited to the Salton Sea
watershed within the State of California.
(b) This article does not grant to the council any regulatory
authority, including any of the following authority:
(1) The authority to regulate land use.
(2) Any authority to regulate activities on land, unless the
regulation is carried out pursuant to an agreement with an owner of
an interest in the land.
(3) Authority over water rights held by others.
(4) Any air quality regulatory authority.
(c) (1) Nothing in this article interferes with or prevents the
exercise of authority by a public agency to carry out its programs,
projects, or responsibilities.
(2) Nothing in this article affects requirements imposed under any
other provision of law.