BILL NUMBER: AB 1594 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 15, 2010
INTRODUCED BY Assembly Member Huber
(Coauthors: Assembly Members Chesbro, Fong, Gaines, Torlakson, and
Yamada)
( Coauthors: Senators
DeSaulnier and Wolk )
JANUARY 4, 2010
An act to add Chapter 1.5 (commencing with Section 115) to
Division 1 of the Water Code, relating to the Sacramento-San Joaquin
Delta.
LEGISLATIVE COUNSEL'S DIGEST
AB 1594, as amended, Huber. Sacramento-San Joaquin Delta:
peripheral canal.
Existing law requires various state agencies to administer
programs relating to water supply, water quality, and flood
management in the Sacramento-San Joaquin Delta.
This bill would prohibit the construction of a peripheral canal,
as defined, that conveys water from a diversion point in the
Sacramento River to a location south of the Sacramento-San Joaquin
Delta, unless expressly authorized by the Legislature. The bill would
require the Legislative Analyst's Office to complete an economic
feasibility analysis prior to the enactment of a statute authorizing
the construction of a peripheral canal. The bill would also
require that prohibit the construction and
operation of a peripheral canal not diminish or negatively
affect from diminishing or negatively affecting
the water supplies, water rights, or quality of water for water users
within the Sacramento-San Joaquin Delta watershed , or imposing
any new burdens on infrastructure within, or financial burdens on
persons residing in, the Delta or the Delta watershed .
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 1.5 (commencing with Section 115) is added to
Division 1 of the Water Code, to read:
CHAPTER 1.5. PERIPHERAL CANAL
115. As used in this chapter, the following terms have the
following meanings:
(a) "Delta" means the Sacramento-San Joaquin Delta, as defined in
Section 12220.
(b) "Peripheral canal" means a facility or structure that conveys
water directly from a diversion point in the Sacramento River to
pumping facilities of the State Water Project or the federal Central
Valley Project south of the Delta.
116. (a) Notwithstanding any other law, a peripheral canal shall
not be constructed unless expressly authorized pursuant to a statute
enacted by the Legislature on or after the date on which this section
becomes effective.
(b) Prior to the enactment of any statute authorizing the
construction of a peripheral canal, the Legislative Analyst's Office
shall complete an economic feasibility analysis that includes
both all of the following:
(1) The total cost of the construction project
project, including environmental review, planning, design,
construction, mitigation, and all related expenses, and the methods
for paying those costs .
(2) Expected impacts of the construction
project on taxpayers, water ratepayers, and the General Fund.
(3) Expected environmental and economic impacts of the project on
existing public infrastructure in and around the Delta and the Delta
watershed.
118. Notwithstanding any other law, the construction and
operation of a peripheral canal shall not diminish or negatively
affect the water supplies, water rights, or quality of water for
water users within the Delta watershed , or impose any new
burdens on infrastructure within, or financial burdens on persons
residing in, the Delta or the Delta watershed .