BILL NUMBER: SB 1495 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 16, 2012
INTRODUCED BY Senator Wolk
(Coauthors: Assembly Members Bill Berryhill, Galgiani, and Huber)
FEBRUARY 24, 2012
An act to amend Section 85057.5 of the Water Code, relating to the
Sacramento-San Joaquin Delta.
LEGISLATIVE COUNSEL'S DIGEST
SB 1495, as amended, Wolk. Sacramento-San Joaquin Delta Reform Act
of 2009.
The Sacramento-San Joaquin Delta Reform Act of 2009 establishes
the Delta Stewardship Council, which is required to develop, adopt,
and commence implementation of a comprehensive management plan for
the Delta by January 1, 2012. The act requires a state or local
public agency that proposes to undertake a covered action to prepare
a written certification, as prescribed, as to whether the covered
action is consistent with the Delta Plan. The act defines
"covered action" to mean a plan, program, or project that meets
specified conditions.
This bill would exclude from the definition of "covered action"
specified leases approved by specified special districts, and
routine dredging activities and projects conducted by
the federal government or specified special districts to improve
interstate and international commerce through the navigable waters of
the United States necessary for maintenance of
certain facilities operated by special districts .
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 85057.5 of the Water Code is amended to read:
85057.5. (a) "Covered action" means a plan, program, or project
as defined pursuant to Section 21065 of the Public Resources Code
that meets all of the following conditions:
(1) Will occur, in whole or in part, within the boundaries of the
Delta or Suisun Marsh.
(2) Will be carried out, approved, or funded by the state or a
local public agency.
(3) Is covered by one or more provisions of the Delta Plan.
(4) Will have a significant impact on achievement of one or both
of the coequal goals or the implementation of government-sponsored
flood control programs to reduce risks to people, property, and state
interests in the Delta.
(b) "Covered action" does not include any of the following:
(1) A regulatory action of a state agency.
(2) Routine maintenance and operation of the State Water Project
or the federal Central Valley Project.
(3) Regional transportation plans prepared pursuant to Section
65080 of the Government Code.
(4) Any plan, program, project, or activity within the secondary
zone of the Delta that the applicable metropolitan planning
organization under Section 65080 of the Government Code has
determined is consistent with either a sustainable communities
strategy or an alternative planning strategy that the State Air
Resources Board has determined would, if implemented, achieve the
greenhouse gas emission reduction targets established by that board
pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of
Section 65080 of the Government Code. For purposes of this paragraph,
"consistent with" means consistent with the use designation,
density, building intensity, transportation plan, and applicable
policies specified for the area in the sustainable communities
strategy or the alternative planning strategy, as applicable, and any
infrastructure necessary to support the plan, program, project, or
activity.
(5) Routine maintenance and operation of any facility located, in
whole or in part, in the Delta, that is owned or operated by a local
public agency.
(6) Any plan, program, project, or activity that occurs, in whole
or in part, in the Delta, if both of the following conditions are
met:
(A) The plan, program, project, or activity is undertaken by a
local public agency that is located, in whole or in part, in the
Delta.
(B) Either a notice of determination is filed, pursuant to Section
21152 of the Public Resources Code, for the plan, program, project,
or activity by, or the plan, program, project, or activity is fully
permitted by, September 30, 2009.
(7) (A) Any project within the secondary zone, as defined pursuant
to Section 29731 of the Public Resources Code
as of January 1, 2009, for which a notice of approval or
determination pursuant to Section 21152 of the Public Resources Code
has been filed before the date on which the Delta Plan becomes
effective.
(B) Any project for which a notice of approval or determination is
filed on or after the date on which the final Bay Delta Conservation
Plan becomes effective, and before the date on which the Delta Plan
becomes effective, is not a covered action but shall be consistent
with the Bay Delta Conservation Plan.
(C) Subparagraphs (A) and (B) do not apply to either of the
following:
(i) Any project that is within a Restoration Opportunity Area as
shown in Figure 3.1 of Chapter 3: Draft Conservation Strategy of the
Bay Delta Conservation Plan, August 3, 2009, or as shown in a final
Bay Delta Conservation Plan.
(ii) Any project that is within the alignment of a conveyance
facility as shown in Figures 1 to 5, inclusive, of the Final Draft
Initial Assessment of Dual Delta Water Conveyance Report, April 23,
2008, and in future revisions of this document by the department.
(8) Leases approved by a special district formed under the Harbors
and Navigation Code if all of the following apply:
(A) The uses proposed by the lease are authorized by the
applicable general plan and zoning ordinances of the city where the
special district is located.
(B) The uses proposed by the lease are approved by the city where
the special district is located and the city complies with Chapter 3
(commencing with Section 85225) of Part 3, if applicable, prior to
approval of the lease by the special district.
(B)
(C) The special district complies with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) prior to approving the lease.
(9) Dredging activities and projects conducted by the federal
government or a special district formed under the Harbors and
Navigation Code to improve interstate and international commerce
through the navigable waters of the United States.
(9) Routine dredging activities that are necessary for maintenance
of facilities operated by special districts formed under the Harbors
and Navigation Code.
(c) Nothing in the application of this section shall be
interpreted to authorize the abrogation of any vested right whether
created by statute or by common law.