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AB-798 Local government: counties: consolidation of offices.(2017-2018)

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Date Published: 06/07/2017 09:00 PM
AB798:v97#DOCUMENT

Amended  IN  Senate  June 07, 2017
Amended  IN  Assembly  March 23, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 798


Introduced by Assembly Member Eduardo Garcia

February 15, 2017


An act to amend Section 2940 of, and to add Section 2942.5 to, the Fish and Game 24011 of the Government Code, relating to the Salton Sea. local government, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 798, as amended, Eduardo Garcia. Salton Sea restoration. Local government: counties: consolidation of offices.
Existing law authorizes the boards of supervisors of specified counties to provide, by ordinance, that the public administrator be appointed by the board. Existing law also authorizes the boards of supervisors of specified counties, by ordinance, to, at any time, separate the consolidated offices of district attorney and public administrator, as specified.
This bill would apply these provisions to Imperial County.
This bill would make legislative findings and declarations as to the necessity of a special statute for Imperial County.
This bill would declare that it is to take effect immediately as an urgency statute.

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. The act, to the extent that funding is appropriated to the Department of Fish and Wildlife for Salton Sea restoration activities, authorizes the Department of Water Resources, in coordination and under agreement with the Department of Fish and Wildlife, to undertake certain restoration efforts. The act authorizes the Salton Sea Authority to lead a feasibility study, in coordination and under contract with the Secretary of the Natural Resources Agency, as prescribed.

This bill would require the Natural Resources Agency, on or before June 30, 2018, to undertake certain planning activities and to make an effort to secure adequate funding to accomplish a specified goal for the restoration of the Salton Sea.

Vote: MAJORITY2/3   Appropriation: NO   Fiscal Committee: YESNO   Local Program: NO  

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


SECTION 1.

 Section 24011 of the Government Code is amended to read:

24011.
 Notwithstanding the provisions of Section 24009:
(a) The Boards of Supervisors of Amador County, Contra Costa County, Glenn County, Imperial County, Lake County, Lassen County, Madera County, Mendocino County, Monterey County, Napa County, Solano County, Sonoma County, Trinity County, Tuolumne County, and Ventura County may, by ordinance, provide that the public administrator shall be appointed by the board.
(b) The Boards of Supervisors of Lake County, Madera County, Mendocino County, Napa County, Trinity County, and Tuolumne County may appoint the same person to the offices of public administrator, veteran service officer, and public guardian. The Boards of Supervisors of Amador County, Contra Costa County, Glenn County, Kings County, Lassen County, Monterey County, Solano County, Sonoma County, and Ventura County, may, by ordinance, appoint the same person to the offices of public administrator and public guardian.
(c) The Boards of Supervisors of Amador County, Contra Costa County, Glenn County, Imperial County, Lake County, Lassen County, Madera County, Mendocino County, Napa County, Trinity County, and Tuolumne County may separate the consolidated offices of district attorney and public administrator at any time in order to make the appointments permitted by this section. Upon approval by the board of supervisors, the officer elected to these offices at any time may resign, or decline to qualify for, the office of public administrator without resigning from, or declining to qualify for, the office of district attorney.
(d) The Board of Supervisors of Ventura County may separate the consolidated office of public administrator from the office of treasurer, in order to make the appointment authorized by this section. Upon approval by the board of supervisors, the officer elected to these offices at any time may resign, or decline to qualify for, the office of public administrator without resigning from, or declining to qualify for, the office of treasurer.

SEC. 2.

 The Legislature finds and declares that a special statute is necessary and that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances faced by Imperial County with respect to the reorganization of its county offices.

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order for Imperial County to appoint a public administrator as quickly as possible, so that it may provide critical services to some of the area’s most vulnerable residents through programs including the public administrator, public conservator/guardian, representative payee program, and the area agency on aging, and indigent burial, it is necessary for this act to take immediate effect.
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 and provide long-term conservation of 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.

(f)In furtherance of the state’s statutory and legal obligations for the Salton Sea for the duration of the Quantification Settlement Agreement, the Governor established the Salton Sea Task Force in May 2015. The Salton Sea Task Force issued findings in November 2015, which called for the immediate development of a Salton Sea Management Program that would provide for sustainable habitat and air quality management and mitigation at the Salton Sea to protect regional air quality and natural resources at the Salton Sea, and the management of the Colorado River water supply for California in response to the reduced inflows resulting from the implementation of the Quantification Settlement Agreement. The Salton Sea Task Force identified a specific goal of establishing 25,000 acres of wildlife habitat, air quality projects, and other projects as necessary to avoid and minimize human health and ecosystem impacts at the Salton Sea in the medium-term through 2025.

(g)In addition to identifying the medium-term goal of establishing 25,000 acres of wildlife habitat, air quality projects, and other projects, and in furtherance of the state’s statutory and legal obligations, the Salton Sea Task Force will complete a plan to address the long-term restoration and management needs of the Salton Sea.

SEC. 2.Section 2942.5 is added to the Fish and Game Code, to read:
2942.5.

On or before June 30, 2018, the agency shall do of all the following:

(a)Establish a timeline for the completion of the medium-term goal of establishing 25,000 acres of wildlife habitat, air quality projects, and other projects necessary to avoid and minimize human health and ecosystem impacts at the Salton Sea.

(b)Identify and make an effort to secure adequate funding to accomplish the medium-term goal of establishing 25,000 acres of wildlife habitat, air quality projects, and other projects necessary to avoid and minimize human health and ecosystem impacts at the Salton Sea, including funding for the operation and maintenance of these projects.

(c)Complete a plan for the long-term restoration and management of the Salton Sea, including identifying adequate funding to carry out the activities in the plan.