California Legislature—2015–16 Regular Session

Assembly BillNo. 2583


Introduced by Assembly Member Frazier

February 19, 2016


An act to amend Section 85057.5 of, to add Section 85053.5 to, and to repeal Section 85085 of, the Water Code, relating to the Sacramento-San Joaquin Delta.

LEGISLATIVE COUNSEL’S DIGEST

AB 2583, as introduced, Frazier. Sacramento-San Joaquin Delta Reform Act of 2009.

Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, establishes the Delta Stewardship Council and requires the council to develop, adopt, and commence implementation of a comprehensive management plan for the Delta, known as the Delta Plan.

This bill would add a definition of the California Water Fix to the act.

The act requires a state or local public agency that proposes to undertake a covered action that will occur within the boundaries of the Delta or the Suisun Marsh to prepare, and submit to the council, a specified written certification of consistency with the Delta Plan prior to taking those actions. The act defines the term “covered action” to mean a plan, program, or project, as prescribed.

This bill would delete certain exclusions relating to the Bay Delta Conservation Plan from the definition of a covered action.

The act requires the Department of Water Resources to coordinate with the Department of Fish and Wildlife, the State Water Resources Control Board, the California regional water quality control boards, and the State Lands Commission efforts to cooperate with the United States Bureau of Reclamation to construct and implement the Two-Gates Fish Protection Demonstration Project by December 1, 2010, to evaluate the effectiveness of the Three Mile Slough Barrier project, to expeditiously move ahead with certain near term actions, and to assist in implementing early action ecosystem restoration projects.

This bill would eliminate these requirements.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

P2    1

SECTION 1.  

Section 85053.5 is added to the Water Code, to
2read:

3

85053.5.  

“California Water Fix” or “Water Fix” means a
4project, within the meaning of Section 21065 of the Public
5Resources Code and subdivision (a) of Section 85057.5, to
6construct new State Water Project conveyance facilities in the
7Delta.

8

SEC. 2.  

Section 85057.5 of the Water Code is amended to read:

9

85057.5.  

(a) “Covered action” means a plan, program, or
10project as defined pursuant to Section 21065 of the Public
11Resources Code that meets all of the following conditions:

12(1) Will occur, in whole or in part, within the boundaries of the
13Delta or Suisun Marsh.

14(2) Will be carried out, approved, or funded by the state or a
15local public agency.

16(3) Is covered by one or more provisions of the Delta Plan.

17(4) Will have a significant impact on achievement of one or
18both of the coequal goals or the implementation of
19government-sponsored flood control programs to reduce risks to
20people, property, and state interests in the Delta.

21(b) “Covered action” does not include any of the following:

22(1) A regulatory action of a state agency.

23(2) Routine maintenance and operation of the State Water
24Project or the federal Central Valley Project.

25(3) Regional transportation plans prepared pursuant to Section
2665080 of the Government Code.

27(4) A plan, program, project, or activity within the secondary
28zone of the Delta that the applicable metropolitan planning
29organization pursuant to Section 65080 of the Government Code
P3    1has determined is consistent with either a sustainable communities
2strategy or an alternative planning strategy that the State Air
3Resources Board has determined would, if implemented, achieve
4the greenhouse gas emission reduction targets established by that
5board pursuant to subparagraph (A) of paragraph (2) of subdivision
6(b) of Section 65080 of the Government Code. For purposes of
7this paragraph, “consistent with” means consistent with the use
8designation, density, building intensity, transportation plan, and
9applicable policies specified for the area in the sustainable
10communities strategy or the alternative planning strategy, as
11applicable, and any infrastructure necessary to support the plan,
12program, project, or activity.

13(5) Routine maintenance and operation of a facility located, in
14whole or in part, in the Delta, that is owned or operated by a local
15public agency.

16(6) A plan, program, project, or activity that occurs, in whole
17or in part, in the Delta, if both of the following conditions are met:

18(A) The plan, program, project, or activity is undertaken by a
19local public agency that is located, in whole or in part, in the Delta.

20(B) Either a notice of determination is filed, pursuant to Section
2121152 of the Public Resources Code, for the plan, program, project,
22or activity by, or the plan, program, project, or activity is fully
23permitted by, September 30, 2009.

24(7) begin delete(A)end deletebegin deleteend deleteA project within the secondary zone, as defined pursuant
25to Section 29731 of the Public Resources Code as of January 1,
262009, for which a notice of approval or determination pursuant to
27Section 21152 of the Public Resources Code has been filed before
28the date on which the Delta Plan becomes effective.

begin delete

29(B) A project for which a notice of approval or determination
30 is filed on or after the date on which the final Bay Delta
31Conservation Plan becomes effective, and before the date on which
32the Delta Plan becomes effective, is not a covered action but shall
33be consistent with the Bay Delta Conservation Plan.

34(C) Subparagraphs (A) and (B) do not apply to either of the
35following:

36(i) A project that is within a Restoration Opportunity Area as
37shown in Figure 3.1 of Chapter 3: Draft Conservation Strategy of
38the Bay Delta Conservation Plan, August 3, 2009, or as shown in
39a final Bay Delta Conservation Plan.

P4    1(ii) A project that is within the alignment of a conveyance
2facility as shown in Figures 1 to 5, inclusive, of the Final Draft
3Initial Assessment of Dual Delta Water Conveyance Report, April
423, 2008, and in future revisions of this document by the
5department.

end delete

6(8) Leases approved by a special district if all of the following
7apply:

8(A) The uses proposed by the lease are authorized by the
9applicable general plan and zoning ordinances of the city where
10the special district is located.

11(B) The uses proposed by the lease are approved by the city
12where the special district is located and the city complies with
13Chapter 3 (commencing with Section 85225) of Part 3, if
14applicable, prior to approval of the lease by the special district.

15(C) The special district complies with the California
16Environmental Quality Act (Division 13 (commencing with Section
1721000) of the Public Resources Code) prior to approving the lease.

18(9) (A) Routine dredging activities that are necessary for
19maintenance of facilities operated by a special district.

20(B) For purposes of this paragraph, “routine dredging activities”
21are limited to the following:

22(i) Dredging to maintain the Stockton Deep Water Ship Channel
23at a depth of 40 feet in the sediment trap at the confluence of the
24San Joaquin River, between river mile 39.3 to river mile 40.2, and
25to maintain the remaining Stockton Deep Water Ship Channel at
26a depth of 35 feet plus two feet of overdredge from river mile 35
27to river mile 43.

28(ii) Dredging designed to maintain the Sacramento Deep Water
29Ship Channel at a depth of 30 feet plus two feet of overdredge
30from river mile 0.0 to river mile 30, and at a depth of 35 feet from
31river mile 35 to river mile 43.

32(C) Except as provided by this subdivision, it is the intent of
33the Legislature that this exemption shall not be interpreted or
34treated as changing or modifying current substantive and procedural
35regulations applicable to the decision to approve dredging
36operations.

37(c) For purposes of this section, “special district” means the
38Port of Stockton or the Port of West Sacramento.

P5    1(d) This section shall not be interpreted to authorize the
2abrogation of a vested right whether created by statute or by
3common law.

4

SEC. 3.  

Section 85085 of the Water Code is repealed.

begin delete
5

85085.  

The department shall do all of the following:

6(a) Coordinate with the Department of Fish and Game, the board,
7the California regional water quality control boards, and the State
8Lands Commission efforts to cooperate with the United States
9Bureau of Reclamation to construct and implement the Two-Gates
10Fish Protection Demonstration Project by December 1, 2010.

11(b) Evaluate the effectiveness of the Three Mile Slough Barrier
12project.

13(c) Expeditiously move ahead with other near term actions as
14identified in the Strategic Plan.

15(d) Assist in implementing early action ecosystem restoration
16projects, including, but not limited to, Dutch Slough tidal marsh
17restoration and Meins Island tidal marsh restoration.

end delete


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