BILL NUMBER: SB 808	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JANUARY 4, 2010

INTRODUCED BY   Senator Wolk

                        FEBRUARY 27, 2009

    An act to add Chapter 4 (commencing with Section 12228)
to Part 4.5 of Division 6 of the Water Code, relating to the San
Francisco Bay/Sacramento-San Joaquin Delta Estuary, and declaring the
urgency thereof, to take effect immediately.   An act
to amend Sections 12986 and 12987.5 of the Water Code, relating to
water projects, and declaring the urgency thereof, to take effect
immediately. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 808, as amended, Wolk.  San Francisco
Bay/Sacramento-San Joaquin Delta Estuary: strategic work plan.
  Delta levee maintenance.  
   Existing law establishes a delta levee maintenance program
pursuant to which a local agency may request reimbursement for costs
incurred in connection with the maintenance or improvement of project
or nonproject levees in the Sacramento-San Joaquin Delta. Existing
law declares legislative intent to reimburse eligible local agencies
under this program, until July 1, 2010, in an amount not to exceed
75% of those costs that are incurred in excess of $1,000 per mile of
levee, and on and after that date, in an amount not to exceed 50% of
those described costs.  
   This bill, instead, would declare legislative intent to reimburse
up to 75% of those described costs until July 1, 2016, and on and
after that date, to reimburse up to 50% of those described costs.
 
   Existing law, until July 1, 2010, authorizes the board to provide
funds to an eligible local agency under this program in the form of
an advance in an amount that does not exceed 75% of the estimated
state share.  
   This bill would extend the operation of that authorization to July
1, 2016.  
   This bill would declare that it is to take effect immediately as
an urgency statute.  
   Under existing law, various state agencies administer programs
relating to water supply, water quality, and flood management in the
San Francisco Bay/Sacramento-San Joaquin Delta Estuary. 

   This bill would require the State Water Resources Control Board to
implement its resolution entitled the Strategic Workplan for Actions
to Protect Beneficial Uses of the San Francisco Bay/Sacramento-San
Joaquin Delta Estuary by commencing an investigation of the
reasonableness of the methods of diversions from the Sacramento-San
Joaquin Delta used by the State Water Project and the federal Central
Valley Project, ensuring that the implementation is consistent with
its duties to protect the public trust and prevent the waste,
unreasonable use, unreasonable method of use, or unreasonable method
of diversion of water, and taking other action. The state board would
be required to prepare related quarterly reports, which the state
board would be required to make available to the public and to post
on the state board's Internet Web site.  
   This bill would declare that it is to take effect immediately as
an urgency statute. 
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 12986 of the   Water
Code   , as amended by Section 4 of Chapter 548 of the
Statutes of 2006, is amended to read: 
   12986.  (a) It is the intention of the Legislature to reimburse an
eligible local agency pursuant to this part for costs incurred in
any year for the maintenance or improvement of project or nonproject
levees as follows:
   (1) No costs incurred shall be reimbursed if the entire cost
incurred per mile of project or nonproject levee is one thousand
dollars ($1,000) or less.
   (2) Not more than 75 percent of any costs incurred in excess of
one thousand dollars ($1,000) per mile of project or nonproject levee
shall be reimbursed.
   (3) (A) As part of the project plans approved by the board, the
department shall require the local agency or an independent financial
consultant to provide information regarding the agency's ability to
pay for the cost of levee maintenance or improvement. Based on that
information, the department may require the local agency or an
independent financial consultant to prepare a comprehensive study on
the agency's ability to pay.
   (B) The information or comprehensive study of the agency's ability
to pay shall be the basis for determining the maximum allowable
reimbursement eligible under this part. Nothing in this paragraph
shall be interpreted to increase the maximum reimbursement allowed
under paragraph (2).
   (4) Reimbursements made to the local agency in excess of the
maximum allowable reimbursement shall be returned to the department.
   (5) The department may recover, retroactively, excess
reimbursements paid to the local agency from any time after January
1, 1997, based on an updated study of the agency's ability to pay.
   (6) All final costs allocated or reimbursed under a plan shall be
approved by the reclamation board for project and nonproject levee
work.
   (7) Costs incurred pursuant to this part that are eligible for
reimbursement include construction costs and associated engineering
services, financial or economic analyses, environmental costs,
mitigation costs, and habitat improvement costs.
   (b) Upon completion of its evaluation pursuant to Sections 139.2
and 139.4, by January 1, 2008, the department shall recommend to the
Legislature and the Governor priorities for funding under this
section.
   (c) This section shall become inoperative on July 1,  2010
  2016  , and, as of January 1,  2011
  2017  , is repealed, unless a later enacted
statute, that becomes operative on or before January 1,  2011
  2017  , deletes or extends the dates on which it
becomes inoperative and is repealed.
   SEC. 2.    Section 12986 of the   Water Code
  , as amended by Section 5 of   Chapter 548 of
the Statutes of 2006, is amended to read: 
   12986.  (a) It is the intention of the Legislature to reimburse
from the General Fund an eligible local agency pursuant to this part
for costs incurred in any year for the maintenance or improvement of
project or nonproject levees as follows:
   (1) No costs incurred shall be reimbursed if the entire cost
incurred per mile of levee is one thousand dollars ($1,000) or less.
   (2) Fifty percent of any costs incurred in excess of one thousand
dollars ($1,000) per mile of levee shall be reimbursed.
   (3) The maximum total reimbursement from the General Fund shall
not exceed two million dollars ($2,000,000) annually.
   (b) This section shall become operative on July 1,  2010
  2016  .
   SEC. 3.    Section 12987.5 of the   Water
Code   is amended to read: 
   12987.5.  (a) In an agreement entered into under Section 12987,
the board may provide for an advance to the applicant in an amount
not to exceed 75 percent of the estimated state share. The agreement
shall provide that no advance shall be made until the applicant has
incurred costs averaging one thousand dollars ($1,000) per mile of
levee.
   (b) Advances made under subdivision (a) shall be subtracted from
amounts to be reimbursed after the work has been performed. If the
department finds that work has not been satisfactorily performed or
where advances made actually exceed reimbursable costs, the local
agency shall promptly remit to the state all amounts advanced in
excess of reimbursable costs. If advances are sought, the board may
require a bond to be posted to ensure the faithful performance of the
work set forth in the agreement.
   (c) This section shall become inoperative on July 1,  2010
  2016  , and, as of January 1,  2011
  2017  , is repealed, unless a later enacted
statute, that becomes operative on or before January 1,  2011
  2017  , deletes or extends the dates on which it
becomes inoperative and is repealed.
   SEC. 4.    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 Constitution and shall go
into immediate effect. The facts constituting the necessity are:
 
   In order to facilitate the performance of necessary levee
maintenance as soon as possible, it is necessary that this act take
effect immediately.  
  SECTION 1.    The Legislature finds and declares
all of the following:
   (a) Pursuant to its statutory authority, the State Water Resources
Control Board has issued numerous orders and decisions regarding
water quality and water right requirements affecting the
Sacramento-San Joaquin Delta.
   (b) Under Section 275 of the Water Code, the state board is
charged with the duty to take all appropriate proceedings before
executive, legislative, or judicial agencies to prevent wast,
unreasonable use, unreasonable method of use, or unreasonable method
of diversion of water in this state.
   (c) The Legislature has found the water problems of the
Sacramento-San Joaquin Delta to be unique within the state,
recognizing the special role this estuary plays in the provision of
water to serve numerous purposes, and the problem of salinity
intrusion into the vast network of channels and sloughs of the Delta.

   (d) In Resolution No. 20008-0056, enacted on July 16, 2008, the
state board adopted its Strategic Workplan for Actions to Protect
Beneficial Uses of the San Francisco Bay/Sacramento-San Joaquin Delta
Estuary (strategic workplan). The strategic workplan describes the
actions that the state and the California regional water quality
control boards will complete to protect beneficial uses of water in
the Sacramento-San Joaquin Delta, and provides timelines and resource
needs for implementing the actions.
   (e) In enacting the strategic workplan, the state board
represented that it will consider later modifications as necessary to
protect beneficial uses in the estuary. The strategic workplan also
recognizes that the state board has a responsibility pursuant to the
California Constitution and the Water Code to take action to prevent
the waste, unreasonable use, unreasonable method of use, or
unreasonable method of diversion of water in California.
   (f) The strategic workplan's timeline of activities anticipates
the performance of its principal tasks between 2008 and 2013.
   (g) Among the concerns referenced in the strategic workplan is
that the State Water Project's and federal Central Valley Project's
methods of diversion in the southern Delta may not be secure and
sustainable and may be having adverse impacts on fish and wildlife
and other beneficial uses of water in the Delta.
   (h) Notwithstanding this concern, the strategic workplan does not
require the state board to promptly investigate the reasonableness of
the methods of diversion by the projects in accordance with the
California Constitution and Section 275 of the Water Code. Instead,
the strategic workplan anticipates deferring action until the fourth
quarter of 2010, and taking action only if a voluntary collaboration
of state, federal, and local water agencies does not deliver a plan
satisfactory to the board. The strategic workplan estimates that it
would take the state board a minimum of two personnel years to
conduct this investigation.
   (i) Several factors make it necessary for the state board to
promptly implement the strategic workplan within the identified
timetable, and to commence appropriate investigations on or before
July 1, 2009, and conclude the investigations within two years.
   (j) The Sacramento-San Joaquin Delta Estuary remains in a state of
precarious decline, threatening its beneficial use in the protection
of fish and wildlife. As a consequence of recent litigation
addressing endangered species requirements, the United States Fish
and Wildlife Service has released a new biological opinion of Delta
smelt in late 2008, and the National Marine Fisheries Service
anticipates releasing a new biological opinion for salmon and
steelhead in early 2009. Due to these decisions, substantial new
reductions in project water deliveries from the Delta are likely to
occur.
   (k) As the Department of Water Resources has recognized in its own
reports, climate change is likely to have significant and adverse
effects on California's water supply projects and the Sacramento-San
Joaquin Delta.
   (l) The drought conditions presently facing California are
creating further strains in the ability of the Sacramento-San Joaquin
Delta to serve beneficial uses.  
  SEC. 2.    Chapter 4 (commencing with Section
12228) is added to Part 4.5 of Division 6 of the Water Code, to read:

      CHAPTER 4.  STRATEGIC WORKPLAN


   12228.  This part shall be known and may be cited as the
Sacramento-San Joaquin Delta Protection Act of 2009.
   12228.4.  As part of its implementation of its Strategic Workplan
for Actions to Protect Beneficial Uses of the San
Francisco/Sacramento-San Joaquin Delta Estuary, the state board shall
do all of the following:
   (a) Commence an investigation of the reasonableness of the methods
of diversion from the Sacramento-San Joaquin Delta used by the State
Water Project and the federal Central Valley Project, in accordance
with its authority under Section 2 of Article X of the California
Constitution and Section 275, to commence no later than July 1, 2009,
and to conclude within two years.
   (b) In all other respects, implement the strategic workplan in
accordance with the timetable referenced in its timeline of
activities.
   (c) Ensure that its implementation of the strategic workplan is
consistent with its duties to protect the public trust, and to
prevent the waste, unreasonable use, unreasonable method of use, or
unreasonable method of diversion of water in California.
   (d) Ensure that its implementation of the strategic workplan fully
considers all of the following:
   (1) The instream flow and other biological requirements necessary
to ensure the long-term health of fish and wildlife resources served
by the Sacramento-San Joaquin Delta.
   (2) The anticipated effects of climate change on the water
resources of the two water projects, and the condition of the
Sacramento-San Joaquin Delta.
   (3) The effect of drought conditions upon the ability of the
Sacramento-San Joaquin Delta to serve beneficial uses.
   12228.8.  The state board shall prepare quarterly reports which
shall be available to the public and posted on its Internet Web site,
describing its implementation of the strategic workplan. These
reports shall disclose whether the state board anticipates any
revisions in the schedules referenced in Section 12228.4, and
demonstrate good cause for any further delays in the schedule.
 
  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 Constitution and
shall go into immediate effect. The facts constituting the necessity
are:
   In order to facilitate the implementation of the Strategic
Workplan for Actions to Protect Beneficial Uses of the San
Francisco/Sacramento-San Joaquin Delta Estuary by the State Water
Resources Control Board, as soon as possible, it is necessary for
this act to take effect immediately.