BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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          |SENATE RULES COMMITTEE            |                        SB 735|
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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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