Amended in Senate May 24, 2013

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 add Section 85351 to 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 2009: multispecies conservation plans.

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.

This bill begin delete 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 end delete begin insert would, on or before February 3, 2014, authorize prescribed local entities end insert to enter into a memorandum of understanding begin insert or other written agreement with the council and the Department of Fish and Wildlife end insert 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. begin delete By imposing this requirement on local public agencies, the bill would impose a state-mandated local program. end delete

begin delete

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 delete begin delete

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 delete

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

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

SECTION 1.  

Section 85351 is added to the Water Code, to
read:

85351.  

(a)  begin delete 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 end delete begin insert On or before February 3,
2014, the council, the Department of Fish and Wildlife, and the
local entities described in subdivision (b) that choose to enter into
an agreement shall establish end insert begin insert end insert a mutually agreeable memorandum
of understanding begin delete , end delete or other written agreement, as appropriate, that
describes begin insert how the parties would ensure end insert the following:

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

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

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

begin insert

(b) (1) The following local entities may choose, but are not
required, to enter into a mutually agreeable memorandum of
understanding or other written agreement as described in
subdivision (a):

end insert begin insert

(A) The County of Contra Costa.

end insert begin insert

(B) The County of Sacramento.

end insert begin insert

(C) The County of Solano.

end insert begin insert

(D) The Yolo County Natural Communities Conservation
Plan/Habitat Conservation Plan Joint Powers Agency.

end insert begin insert

(E) The San Joaquin Council of Governments.

end insert begin insert

(2) If no local entities pursuant to paragraph (1) chose to enter
into a mutually agreeable memorandum of understanding or other
written agreement, the council and the Department of Fish and
Wildlife shall not be required to establish the agreement pursuant
to this section.

end insert begin delete

(b)

end delete

begin insert ( end insert begin insert c) end insert  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.

begin delete

(c)

end delete

begin insert ( end insert begin insert d) end insert  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.

begin delete

SEC. 2.  

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 delete