BILL NUMBER: AB 1365 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 13, 2009
INTRODUCED BY Assembly Member Tom Berryhill
FEBRUARY 27, 2009
An act to amend Section 12842 of the Water Code, relating
to water development projects. An act to add Chapter
3 (commencing with Section 12330 to Part 4.8 of Division 6 of) the
Water Code, relating to water, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
AB 1365, as amended, Tom Berryhill. Water development
projects: flood control and watershed protection.
Sacramento-San Joaquin Delta.
Existing law requires the Department of Water Resources to develop
and implement a program of flood control projects at specific
Sacramento-San Joaquin Delta locations for the protection of certain
public benefits, including the protection of urbanized areas, water
quality, recreation, navigation, and fish and wildlife habitats, and
for net long-term habitat improvement.
Under various laws, a private party may agree to convey an
interest in real property to the state or to a 3rd party, or to
expend funds in connection with the management of a real property, or
both, to mitigate the adverse impacts to the environment resulting
from development or other permitted activity.
This bill would make an unspecified appropriation from an
unspecified source to the department for the purposes of acquiring
land or other property interests in certain properties in the
Sacramento-San Joaquin Delta and to initiate and implement
improvements on those properties for the purposes of flood control,
habitat enhancement, reduction of greenhouse gas emissions,
recreation, and other visions for a sustainable Delta. The bill would
require the Department of Water Resources and the Department of Fish
and Game, in consultation with the State Air Resources Control
Board, to prepare and submit to the Governor and the Legislature a
report on the proposed implementation of the bill. The bill would
prohibit the moneys appropriated in the bill from being expended
until the report is submitted.
Existing law declares the intent of the Legislature that the
planning and construction of all flood control and watershed
protection projects shall include features that are determined to be
necessary and desirable to preserve and enhance the state's fish and
wildlife resources and to achieve the full utilization of those
projects for recreational purposes consistent with the construction
and operation of those projects to protect life and property.
This bill would make technical and clarifying nonsubstantive
changes to that provision.
Vote: majority. Appropriation: no yes
. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 3 (commencing with Section
12330) is added to Part 4.8 of Division 6 of the Water
Code , to read:
CHAPTER 3. DELTA PROPERTY ACQUISITION
12330. (a) The intent of the Legislature in enacting this chapter
is to provide funds to facilitate the state's response to imminent
threats to the Sacramento-San Joaquin Delta.
(b) The sum of ____ is hereby appropriated from moneys made
available pursuant to ____ to the department for expenditure, subject
to subdivision (d), for the following purposes:
(1) The acquisition of land or other property interests in Bouldin
Island, Webb Tract, Holland Tract, and Bacon Island in the
Sacramento-San Joaquin Delta.
(2) To initiate and implement improvements on the properties
described in paragraph (1) for the purposes of flood control, habitat
enhancement, reduction of greenhouse gas emissions consistent with
the California Global Warming Solutions Act of 2006 (Division 25.5
(commencing with Section 38500) of the Health and Safety Code,
recreation, and other visions for a sustainable Delta.
(c) The department and the Department of Fish and Game, in
consultation with the State Air Resources Control Board, shall
prepare and submit to the Governor and the Legislature a report on
the proposed implementation of this section.
(d) The moneys appropriated by subdivision (b) shall not be
expended until the report described in subdivision (c) is submitted.
SECTION 1. Section 12842 of the Water Code is
amended to read:
12842. The Legislature further finds and declares that it is the
intent of the Legislature that the planning and construction of all
flood control and watershed protection projects shall include
features that are determined to be necessary and desirable to
preserve and enhance the state's fish and wildlife resources and to
achieve the full utilization of those projects for recreational
purposes consistent with the construction and operation of those
projects to protect public health and safety and property.