Amended in Senate April 24, 2013

Amended in Senate April 16, 2013

Senate Bill No. 735

Introduced by Senator Wolk

(Coauthor: Senator DeSaulnier)

February 22, 2013

An act to begin delete amend end delete begin insert add end insert Section begin delete 85057.5 of end delete begin insert 85351 to end insert the Water Code, relating to the Sacramento-San Joaquin Delta Reform Act of 2009.

LEGISLATIVE COUNSEL’S DIGEST

SB 735, as amended, Wolk. Sacramento-San Joaquin Delta Reform Act of begin delete 2009: covered actions. end delete begin insert 2009: multispecies conservation plans. end insert

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. begin delete 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. end delete

begin delete

This bill would exclude from the definition of “covered action” the approval or implementation of a conservation plan and implementing agreements submitted, by specified entities, pursuant to the federal Endangered Species Act, the Natural Community Conservation Planning Act, or certain provisions related to the taking, importation, exportation, or sale of endangered or threatened species, or the implementation of conservation measures included in a conservation plan approved, by specified entities, pursuant to these provisions.

end delete begin insert

This bill would require the council, the Department of Fish and Wildlife, the Counties of Contra Costa, Sacramento, and Solano, the Yolo County Habitat/Natural Community Conservation Plan Joint Powers Agency, and the San Joaquin Council of Governments to enter into a memorandum of understanding regarding multispecies conservation plans, as defined, that describes, among other things, how the parties would ensure that multispecies conservation plans that have been adopted or are under development are consistent with the Delta Plan. By imposing this requirement on local public agencies, the bill would impose a state-mandated local program.

end insert begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert begin insert

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

The people of the State of California do enact as follows:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 85351 is added to the end insert begin insert Water Code end insert begin insert , to
read: end insert

begin insert

begin insert 85351. end insert   

(a) The council, the Department of Fish and Wildlife,
the Counties of Contra Costa, Sacramento, and Solano, the Yolo
County Habitat/Natural Community Conservation Plan Joint
Powers Agency, and the San Joaquin Council of Governments
shall, by January 1, 2015, enter into a mutually agreeable
memorandum of understanding, or other written agreement, as
appropriate, that describes the following:

(1) How the parties would ensure that adopted multispecies
conservation plans are consistent with the Delta Plan, and the
Delta Plan is consistent with those multispecies conservation plans.

(2) How the parties would ensure that multispecies conservation
plans under development are consistent with the adopted
multispecies conservation plans, the Delta Plan, and each other.

(3) How to ensure that all the current multispecies conservation
plans, future multispecies conservation plans, and the Delta Plan
are implemented in accord with each other.

(b) The council shall invite and encourage the United States
Fish and Wildlife Service to participate in developing and signing
the agreement pursuant to this section, to the extent authorized
under federal law.

(c) For purposes of this section, “multispecies conservation
plan” means a multispecies conservation plan adopted under
Section 1539 of the federal Endangered Species Act (16 U.S.C.
Sec. 1531 et seq.), the Natural Community Conservation Planning
Act (Chapter 10 (commencing with Section 2800) of Division 3 of
the Fish and Game Code), or jointly under both acts.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin delete

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 2 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.

(10) The approval of a conservation plan and implementing
agreements submitted by 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 pursuant to any of the following:

(A) Section 1539 of the federal Endangered Species Act (16
U.S.C. Sec. 1531 et seq.).

(B) The Natural Community Conservation Planning Act
(Chapter 10 (commencing with Section 2800) of Division 3 of the
Fish and Game Code).

(C) Section 2081 of the Fish and Game Code for a conservation
plan and implementing agreements that are also incorporated in a
conservation plan pursuant to Section 1539 of the federal
Endangered Species Act (16 U.S.C. Sec. 1531 et seq.).

(11) The implementation of conservation measures included in
a conservation plan approved by 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 pursuant to any of the following:

(A) Section 1539 of the federal Endangered Species Act (16
U.S.C. Sec. 1531 et seq.).

(B) The Natural Community Conservation Planning Act
(Chapter 10 (commencing with Section 2800) of Division 3 of the
Fish and Game Code).

(C) Section 2081 of the Fish and Game Code for a conservation
plan and implementing agreements that are also incorporated in a
conservation plan pursuant to Section 1539 of the federal
Endangered Species Act (16 U.S.C. Sec. 1531 et seq.).

(c) For purposes of paragraphs (8) and (9) of subdivision (b),
“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.

end delete