BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 1495
Author: Wolk (D), et al.
Amended: 8/22/12
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 6-0, 4/10/12
AYES: Pavley, La Malfa, Cannella, Kehoe, Padilla, Wolk
NO VOTE RECORDED: Evans, Fuller, Simitian
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE FLOOR : 35-0, 5/3/12
AYES: Alquist, Berryhill, Blakeslee, Calderon, Corbett,
Correa, De León, DeSaulnier, Dutton, Emmerson, Evans,
Fuller, Gaines, Hancock, Harman, Hernandez, Huff, Kehoe,
La Malfa, Leno, Lieu, Liu, Lowenthal, Negrete McLeod,
Pavley, Price, Rubio, Steinberg, Strickland, Vargas,
Walters, Wolk, Wright, Wyland, Yee
NO VOTE RECORDED: Anderson, Cannella, Padilla, Runner,
Simitian
ASSEMBLY FLOOR : 79-1, 8/27/12 - See last page for vote
SUBJECT : Sacramento-San Joaquin Delta Reform Act of 2009
SOURCE : Author
DIGEST : This bill specifies that certain Port of
Sacramento and the Port of Stockton harbor-related leases
and routine dredging activities are not subject to Delta
CONTINUED
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Stewardship Council (Council) review for consistency with
the long-term management plan for the Sacramento-San
Joaquin Delta (Delta Plan).
Assembly Amendments clarify the definition of "routine
dredging activities."
ANALYSIS : The Delta Plan Reform Act of 2009 establishes
the Council, which is required to develop, adopt, and
commence implementation of a comprehensive management plan
for the Delta by January 1, 2012. The Act defines "covered
action" to mean a plan, program, or project that meets
specified conditions.
This bill exempts the Ports of Sacramento and Stockton from
Council Delta Plan consistency review with respect to:
1. Leases, with certain exceptions, where the lease has
already undergone California Environmental Quality Act
(CEQA) review, if applicable, and are consistent with
existing local zoning and permissible uses.
2. Dredging to maintain the Stockton Deep Water Ship
Channel at a depth of 40 feet in the sediment trap at
the confluence of the San Joaquin River, between river
mile 39.3 to river mile 40.2, and to maintain the
remaining Stockton Deep Water Ship Channel at a depth of
35 feet plus two feet of over-dredge from river mile 35
to river mile 43.
3. Dredging to maintain the Sacramento Deep Water Ship
Channel at a depth of 30 feet plus two feet of
over-dredge from river mile 0.0 to river mile 30, and at
a depth of 35 feet from river mile 35 to river mile 43.
Background
The Sacramento-San Joaquin Delta Reform Act of 2009, among
other things:
Establishes co-equal goals of providing more reliable
water supply for California and protecting, restoring,
and enhancing the Delta ecosystem.
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Creates the Council.
Requires the Council to develop and adopt a Delta Plan to
achieve the co-equal goals.
Requires all "covered actions" to be consistent with the
Delta Plan.
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 defined covered actions as a plan, program, or
project, as defined in the CEQA that meets all of the
following conditions:
Will occur, in whole or in part, within the boundaries of
the Delta or Suisun Marsh.
Will be carried out, approved, or funded by the state or
a local public agency.
Is covered by one or more provisions of the Delta Plan.
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.
The Delta Plan also defined a number of specific activities
as not being covered actions, including:
A regulatory action of a state agency.
Routine maintenance and operation of the State Water
Project or the federal Central Valley Project.
Regional transportation plans.
Any plan, program, project, or activity within the
secondary zone of the Delta that the applicable
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metropolitan planning organization has determined is
consistent with the provisions of SB 375 (Steinberg),
Chapter 728, Statutes of 2008.
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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/28/12)
Bay Planning Coalition
California Marine Affairs and Navigation Conference
International Longshoreman's & Warehousemen's Union Local
54
Port of Stockton
Sacramento-Yolo Port Commission
ARGUMENTS IN SUPPORT : According to the author, "The
Sacramento and Stockton ports provide important hubs for
goods movement within our region. The 2009 Water Package
gave broad authority to the Delta Stewardship Council to
review 'covered actions' for consistency with the Delta
Plan. The covered actions review process adds a new level
of review and delay for some port activities within the
Delta. Two actions that are currently considered covered
actions are lease approvals and routine dredging of ship
channels. SB 1495 would provide a narrow exemption for
these two actions from the definition of 'covered actions'
in order to ensure that these time sensitive port
activities proceed without unnecessary delays."
ASSEMBLY FLOOR : 79-1, 8/27/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hernández, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
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Knight, Lara, Logue, Bonnie Lowenthal, Ma, Mansoor,
Mendoza, Miller, Mitchell, Monning, Morrell, Nestande,
Nielsen, Norby, Olsen, Pan, Perea, V. Manuel Pérez,
Portantino, Silva, Skinner, Smyth, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Williams, Yamada,
John A. Pérez
NOES: Grove
CTW:d 8/28/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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