BILL NUMBER: AB 1780	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 9, 2010

   An act to amend Section 85225.25 of the Water Code, relating to
the Delta Stewardship Council.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1780, as introduced, Yamada. Delta Stewardship Council:
certifications of consistency.
   Existing law requires the state or a local public agency that
proposes to undertake certain actions within the boundaries of the
Sacramento-San Joaquin Delta or the Suisun Marsh to prepare, and
submit to the Delta Stewardship Council, a specified written
certification of consistency with a prescribed Delta Plan prior to
taking those actions.
   This bill would make a technical, nonsubstantive change to this
requirement.
   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.  Section 85225.25 of the Water Code is amended to read:
   85225.25.  After a hearing on an appealed action, the council
shall make specific written findings either denying the appeal or
remanding the matter to the state or local public agency for
reconsideration of the covered action based on the finding that the
certification of consistency is not supported by substantial evidence
in the record before the state or local public agency that filed the
certification. Upon remand, the state or local agency may determine
whether to proceed with the covered action. If the agency decides to
proceed with the action or with the action as modified to respond to
the findings of the council, the agency  shall  ,
prior to proceeding with the action,  shall  file a revised
certification of consistency that addresses each of the findings made
by the council and file that revised certification with the council.