BILL ANALYSIS �
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THIRD READING
Bill No: SB 735
Author: Wolk (D), et al.
Amended: 5/24/13
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 7-2, 4/23/13
AYES: Pavley, Evans, Hueso, Jackson, Lara, Monning, Wolk
NOES: Cannella, Fuller
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : Sacramento-San Joaquin Delta Reform Act of 2009:
multispecies conservation plans
SOURCE : Author
DIGEST : This bill authorizes, on or before February 3, 2014,
prescribed local entities to enter into a memorandum of
understanding (MOU) or other written agreement with the Delta
Stewardship Council (Council) and the Department of Fish and
Wildlife (Department) 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.
ANALYSIS : Existing law, under the Sacramento-San Joaquin
Delta Reform Act of 2009 (Act), establishes the Council, which
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was required to develop, adopt, and commence implementation of a
comprehensive management plan for the Delta by January 1, 2012.
This bill:
1. Requires, on or before February 3, 2014, the Council, the
Department, and the local entities, as described, that choose
to enter into an agreement, to establish a mutually agreeable
MOU, or other written agreement, as appropriate, that
describes how the parties will ensure the following:
A. That adopted multispecies conservation plans are
consistent with the Delta Plan, and the Delta Plan is
consistent with those multispecies conservation plans.
B. That multispecies conservation plans under development
are consistent with the adopted multispecies conservation
plans, the Delta Plan, and each other.
C. That all the current multispecies conservation plans,
future multispecies conservation plans, and the Delta Plan
are implemented in accord with each other.
2. Provides that the following local entities may choose, but
are not required, to enter into a mutually agreeable MOU or
other written agreement as described:
A. The County of Contra Costa.
B. The County of Sacramento.
C. The County of Solano.
D. The Yolo County Natural Communities Conservation
Plan/Habitat Conservation Plan Joint Powers Agency.
E. The San Joaquin Council of Governments.
3. Provides that if no local entities choose to enter into a
mutually agreeable MOU or other written agreement, the
Council and the Department are not required to establish the
agreement.
Background
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The Act established the Council and required the Council to
develop and adopt a Delta Plan to achieve the co-equal goals of
providing a more reliable water supply for California and
protecting, restoring, and enhancing the Delta ecosystem. The
Delta Plan was adopted in May 2013. The Act requires all plans,
programs, or projects that have the potential to have greater
impacts in the Delta to be consistent with the Delta Plan.
Habitat Conservation Plans (HCPs) and Natural Community
Conservation Plans (NCCPs) are landscape level multi-species
plans that are authorized and permitted pursuant to the federal
Endangered Species Act, the California Endangered Species Act,
and the state Natural Community Conservation Planning Act.
NCCPs and HCPs take a broad-based ecosystem approach to planning
for the protection and perpetuation of biological diversity
while allowing for the incidental take of endangered species in
the course of otherwise legal activities, such as land
development projects.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
One-time costs of $50,000 to $70,000 from the General Fund
for additional workload for the Council.
One-time costs of $50,000 to $70,000 from the Fish and Game
Preservation Fund (special fund) for additional workload for
the Department.
SUPPORT : (Verified 5/24/13)
California State Association of Counties
Contra Costa County
Delta Counties Coalition
Delta Stewardship Council
Rural Counties Representatives of California
San Joaquin County Council of Governments
Solano County Water Agency
Yolo County Habitat Joint Powers Agency
OPPOSITION : (Verified 5/24/13)
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Association of California Water Agencies
Burbank Water and Power
California Chamber of Commerce
Coachella Valley Water District
Eastern Municipal Water District
Glendale Water and Power
Kern County Water Agency
Las Virgenes Municipal Water District
Metropolitan Water District of Southern California
Mojave Water Agency
San Bernardino Valley Municipal Water District
Southern California Water Committee
Three Valleys Municipal Water District
Western Growers Association
Western Municipal Water District
Westlands Water District
RM:k 5/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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