BILL NUMBER: AB 2463	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Dickinson

                        FEBRUARY 21, 2014

   An act to amend Section 85320 of the Water Code, relating to the
Sacramento-San Joaquin Delta.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2463, as introduced, Dickinson. Delta plan: Bay Delta
Conservation Plan: hearings.
   Existing law, 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, known as the Delta Plan, by January 1,
2012. Existing law requires the council to consider for inclusion in
the Delta Plan the Bay Delta Conservation Plan, a multispecies
conservation plan, and requires the incorporation of the Bay Delta
Conservation Plan into the Delta Plan if the Bay Delta Conservation
Plan meets certain requirements. Under existing law, if the
Department of Fish and Wildlife approves the Bay Delta Conservation
Plan as a natural community conservation plan, the council is
required to have at least one public hearing concerning the
incorporation of the Bay Delta Conservation Plan into the Delta Plan.

   This bill would require the council to have at least 5 public
hearings concerning the incorporation of the Bay Delta Conservation
Plan into the Delta Plan if the Department of Fish and Wildlife
approves the Bay Delta Conservation Plan as a natural community
conservation plan.
   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 85320 of the Water Code is amended to read:
   85320.  (a) The Bay Delta Conservation Plan (BDCP) shall be
considered for inclusion in the Delta Plan in accordance with this
chapter.
   (b) The BDCP shall not be incorporated into the Delta Plan and the
public benefits associated with the BDCP shall not be eligible for
state funding, unless the BDCP does all of the following:
   (1) Complies with Chapter 10 (commencing with Section 2800) of
Division 3 of the Fish and Game Code.
   (2) Complies with Division 13 (commencing with Section 21000) of
the Public Resources Code, including a comprehensive review and
analysis of all of the following:
   (A) A reasonable range of flow criteria, rates of diversion, and
other operational criteria required to satisfy the criteria for
approval of a natural community conservation plan as provided in
subdivision (a) of Section 2820 of the Fish and Game Code, and other
operational requirements and flows necessary for recovering the Delta
ecosystem and restoring fisheries under a reasonable range of
hydrologic conditions, which will identify the remaining water
available for export and other beneficial uses.
   (B) A reasonable range of Delta conveyance alternatives, including
through-Delta, dual conveyance, and isolated conveyance alternatives
and including further capacity and design options of a lined canal,
an unlined canal, and pipelines.
   (C) The potential effects of climate change, possible sea level
rise up to 55 inches, and possible changes in total precipitation and
runoff patterns on the conveyance alternatives and habitat
restoration activities considered in the environmental impact report.

   (D) The potential effects on migratory fish and aquatic resources.

   (E) The potential effects on Sacramento River and San Joaquin
River flood management.
   (F) The resilience and recovery of Delta conveyance alternatives
in the event of catastrophic loss caused by earthquake or flood or
other natural disaster.
   (G) The potential effects of each Delta conveyance alternative on
Delta water quality.
   (c) The department shall consult with the council and the Delta
Independent Science Board during the development of the BDCP. The
council shall be a responsible agency in the development of the
environmental impact report. The Delta Independent Science Board
shall review the draft environmental impact report and submit its
comments to the council and the Department of Fish and  Game
  Wildlife  .
   (d) If the Department of Fish and  Game  
Wildlife  approves the BDCP as a natural community conservation
plan pursuant to Chapter 10 (commencing with Section 2800) of
Division 3 of the Fish and Game Code, the council shall have at least
 one   five  public  hearing
  hearings  concerning the incorporation of the
BDCP into the Delta Plan.
   (e) If the Department of Fish and  Game  
Wildlife  approves the BDCP as a natural community conservation
plan pursuant to Chapter 10 (commencing with Section 2800) of
Division 3 of the Fish and Game Code and determines that the BDCP
meets the requirements of this section, and the BDCP has been
approved as a habitat conservation plan pursuant to the federal
Endangered Species Act (16 U.S.C. Section 1531 et seq.), the council
shall incorporate the BDCP into the Delta Plan. The Department of
Fish and  Game's   Wildlife's 
determination that the BDCP has met the requirements of this section
may be appealed to the council.
   (f) The department, in coordination with the Department of Fish
and  Game   Wildlife  , or any successor
agencies charged with BDCP implementation, shall report to the
council on the implementation of the BDCP at least once a year,
including the status of monitoring programs and adaptive management.
   (g) The council may make recommendations to BDCP implementing
agencies regarding the implementation of the BDCP. BDCP implementing
agencies shall consult with the council on these recommendations.
These recommendations shall not change the terms and conditions of
the permits issued by state and federal regulatory agencies.