BILL NUMBER: AB 2583 INTRODUCED
BILL TEXT
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:
SECTION 1. Section 85053.5 is added to the Water Code, to read:
85053.5. "California Water Fix" or "Water Fix" means a project,
within the meaning of Section 21065 of the Public Resources Code and
subdivision (a) of Section 85057.5, to construct new State Water
Project conveyance facilities in the Delta.
SEC. 2. 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 two feet of 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 two 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.
(c) For purposes of this section, "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.
SEC. 3. Section 85085 of the Water Code is repealed.
85085. The department shall do all of the following:
(a) Coordinate with the Department of Fish and Game, the 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.
(b) Evaluate the effectiveness of the Three Mile Slough Barrier
project.
(c) Expeditiously move ahead with other near term actions as
identified in the Strategic Plan.
(d) Assist in implementing early action ecosystem restoration
projects, including, but not limited to, Dutch Slough tidal marsh
restoration and Meins Island tidal marsh restoration.