Senate Bill No. 735

Introduced by Senator Wolk

(Coauthor: Senator DeSaulnier)

February 22, 2013

An act to amend Section 85057.5 of the Water Code, relating to the Sacramento-San Joaquin Delta Reform Act of 2009.

LEGISLATIVE COUNSEL’S DIGEST

SB 735, as introduced, Wolk. Sacramento-San Joaquin Delta Reform Act of 2009: covered actions.

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” the approval or implementation of a project which is a part of a larger conservation plan submitted pursuant to the federal Endangered Species Act, a natural community conservation plan submitted pursuant to the Natural Community Conservation Planning Act, or certain permits related to the taking, importation, exportation, or sale of endangered or threatened species issued to specified entities located within certain counties.

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) A plan, program, project, or activity within the secondary
zone of the Delta that the applicable metropolitan planning
organization pursuant to 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 a facility located, in
whole or in part, in the Delta, that is owned or operated by a local
public agency.

(6) A 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) A 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) A 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) A 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) A 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 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.

(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) (A) Routine dredging activities that are necessary for
maintenance of facilities operated by a special district.

(B) For purposes of this paragraph, “routine dredging activities”
are limited to the following:

(i) 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 overdredge from river mile 35 to
river mile 43.

(ii) Dredging designed to maintain the Sacramento Deep Water
Ship Channel at a depth of 30 feet plus 2 feet of overdredge from
river mile 0.0 to river mile 30, and at a depth of 35 feet from river
mile 35 to river mile 43.

(C) Except as provided by this subdivision, it is the intent of
the Legislature that this exemption shall not be interpreted or
treated as changing or modifying current substantive and procedural
regulations applicable to the decision to approve dredging
operations.

begin insert

(10) The approval or implementation of (a) a project that is a
part of a larger conservation plan submitted pursuant to Section
1539 of the federal Endangered Species Act (16 U.S.C. Sec. 1531
et seq.), (b) a natural community conservation plan submitted
pursuant to the Natural Community Conservation Planning Act
(Chapter 10 (commencing with Section 2800) of Division 3 of the
Fish and Game Code), or (c) a permit issued pursuant to Section
2081 of the Fish and Game Code that is issued to a city, county,
special district, or Joint Powers Authority consisting of cities or
counties, or both, within the Counties of Contra Costa, Sacramento,
San Joaquin, Solano, or Yolo.

end insert

(c) For purposes of this section, “special district” means the
Port of Stockton or the Port of West Sacramento.

(d) This section shall not be interpreted to authorize the
abrogation of a vested right whether created by statute or by
common law.