BILL NUMBER: SB 23 CHAPTERED 05/04/01 CHAPTER 7 FILED WITH SECRETARY OF STATE MAY 4, 2001 APPROVED BY GOVERNOR MAY 4, 2001 PASSED THE ASSEMBLY APRIL 23, 2001 PASSED THE SENATE MARCH 22, 2001 AMENDED IN SENATE MARCH 21, 2001 AMENDED IN SENATE MARCH 15, 2001 AMENDED IN SENATE MARCH 1, 2001 INTRODUCED BY Senator Costa (Principal coauthor: Senator Burton) DECEMBER 4, 2000 An act to add Section 138.9 to the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST SB 23, Costa. CALFED funds: Bay-Delta Program. (1) Under existing law, certain state and federal agencies with management and regulatory responsibilities in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary participate in the CALFED Bay-Delta Program for the purposes of improving ecosystem quality, water supply reliability, water quality, and the integrity of the levees and channels in the bay-delta. This bill would require the Department of Water Resources, with specified exceptions, to prepare and submit to the Legislature a report that includes a description of the progress achieved by the department regarding the goals of the Bay-Delta Program and the implementation schedule established in the CALFED Bay-Delta Program, Programmatic Record of Decision dated August 2000, and the Framework Agreement dated June 9, 2000. The bill would require, however, that upon creation of an entity to assume the responsibilities previously undertaken by federal and state officials in connection with the CALFED Bay-Delta Program, that entity will be responsible for preparing and submitting the report to the Legislature. The bill would specify that if at any time on or after January 1, 2003, the department is not required to implement the CALFED Bay-Delta Program, Programmatic Record of Decision dated August 2000, the department is not required to prepare and submit the report to the Legislature. (2) The Budget Act of 2000 appropriates $125,000,000 to the Department of Water Resources for implementation of the CALFED Record of Decision and prohibits the expenditure of those funds until a statute is enacted certifying that the projects or purposes for which the funds are expended are consistent with a prescribed environmental document. The Budget Act of 2000 appropriates $10,000,000 to the department for CALFED local assistance to the Delta Export Area and prohibits the expenditure of those funds until a statute is enacted certifying that the projects or purposes for which the funds are expended are consistent with a prescribed environmental document. This bill would declare that the Legislature certifies that the programs and projects described in the CALFED Record of Decision to be funded by those provisions of the Budget Act of 2000 are consistent with the final programmatic environmental impact statement/environmental impact report dated July 2000 and certified by the appropriate state lead agency, and that funds appropriated by those provisions are eligible for expenditure by the appropriate agency. The bill would specify the purposes and amounts for which those funds will be made available. (3) The bill would declare that nothing in the bill may be construed as a certification of the CALFED Bay-Delta Program, final programmatic environmental impact statement/environmental impact report, dated July 2000; the CALFED Bay-Delta Program, programmatic record of decision, dated August 2000; and the Framework Agreement, dated June 9, 2000. The bill would also declare that nothing in the bill affects the rights of litigants, or the merits of any pending lawsuit, relating to the CALFED Bay-Delta Program. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 138.9 is added to the Water Code, to read: 138.9. (a) Subject to subdivisions (b) and (c), commencing on January 1, 2003, and annually thereafter, the department shall prepare and submit to the Legislature a report that includes a description of the progress achieved by the department with regard to meeting the goals of the Bay-Delta Program and the implementation schedule established in the CALFED Bay-Delta Program, Programmatic Record of Decision dated August 2000, and the Framework Agreement dated June 9, 2000. (b) Upon the creation, by statute, of an entity to assume the responsibilities previously undertaken by federal and state officials in connection with the CALFED Bay-Delta Program, that entity shall carry out the duties described in subdivision (a) in the place of the department. (c) If, at any time on or after January 1, 2003, the department is not required to implement the CALFED Bay-Delta Program, Programmatic Record of Decision dated August 2000, the department need not prepare the report described in subdivision (a). SEC. 2. The Legislature certifies that the programs and projects described in the CALFED Record of Decision, to be funded as provided in Provision 8 of Item 3860-001-0001 of Section 2.00 of the Budget Act of 2000 (Chapter 52 of the Statutes of 2000), are consistent with the final programmatic EIS/EIR dated July 2000 and certified by the state lead agency as required by Division 13 (commencing with Section 21000) of the Public Resources Code, and that funds appropriated by that item are eligible for expenditure by the appropriate agency. SEC. 3. The Legislature certifies that the programs and projects described in the CALFED Record of Decision to implement CALFED local assistance to the Delta Export Area, to be funded as provided in Provision 2 of Item 3860-101-0001 of Section 2.00 of the Budget Act of 2000 (Chapter 52 of the Statutes of 2000), are consistent with the final programmatic EIS/EIR certified by the state lead agency as required by Division 13 (commencing with Section 21000) of the Public Resources Code, and that funds appropriated by that item are eligible for expenditure by the appropriate agency. SEC. 4. The funds described in Sections 2 and 3 shall be allocated by the Department of Water Resources in the following amounts for the following purposes: Amount PROJECT OR PURPOSE ($MIL) Local assistance programs Water conservation programs ..................... 15.0 Groundwater monitoring and management ........... 5.0 Watershed/ecosystem restoration programs ........ 20.0 Water quality programs .......................... 13.5 Delta and systemwide programs Conveyance program (Fish screen test facility at Tracy) ....................................... 3.0 Environmental Water Account (The funds described in Section 2 are included in this project) ........................................ 59.0 Support for future decisionmaking Science program ................................. 13.0 Program management, environmental compliance, public involvement .................. 6.0 Water transfers program ......................... 0.5 TOTAL 135.0 SEC. 5. Nothing in this act may be construed as a certification of any of the following: (a) The CALFED Bay-Delta Program, final programmatic environmental impact statement/environmental impact report, dated July 2000. (b) The CALFED Bay-Delta Program, programmatic record of decision, dated August 2000. (c) The Framework Agreement, dated June 9, 2000. SEC. 5. Nothing in this act affects the rights of litigants, or the merits of any pending lawsuit, relating to the CALFED Bay-Delta Program.