BILL NUMBER: SB 12 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 9, 2009
AMENDED IN SENATE JUNE 2, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE FEBRUARY 26, 2009
INTRODUCED BY Senator Simitian
DECEMBER 1, 2008
An act to add Division 26.8 (commencing with Section
79850) to the Water Code, relating to the An act
relating to Sacramento-San Joaquin Delta.
LEGISLATIVE COUNSEL'S DIGEST
SB 12, as amended, Simitian. Sacramento-San Joaquin River
Delta, Clean Drinking Water, Water Supply Security, and
Environmental Improvement Act of 2009. Sacramento-
San Joaquin Delta Stewardship Council.
(1) Existing law requires various state agencies to administer
programs relating to water supply, water quality, and flood
management in the Sacramento-San Joaquin Delta. The
Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992 creates
the Delta Protection Commission and requires the commission to
prepare and adopt a comprehensive long-term resource management plan
for specified lands within the Sacramento-San Joaquin Delta. E
xisting law requires the Secretary of the Resources Agency
to convene a committee to develop and submit to the Governor and the
Legislature, on or before December 31, 2008, recommendations for
implementing a specified strategic plan relating to the sustainable
management of the Delta.
This bill would enact the Sacramento-San Joaquin River
Delta, Clean Drinking Water, Water Supply Security, and Environmental
Improvement Act of 2009. The bill would establish the Delta
Ecosystem and Water Council to advance the coequal goals of restoring
the Delta ecosystem and creating a more reliable water supply in
California. The council would be required to prepare and adopt a plan
referred to as the California Delta Ecosystem and Water Plan (plan)
to carry out the requirements of the act declare
legislative intent to enact legislation to establish the
Sacramento-San Joaquin Delta Stewardship Council .
The council would have the exclusive authority to determine the
consistency of any project proposed or approved by a state agency or
local government with the plan. By authorizing the council to impose
requirements on projects undertaken by local governments, the bill
would impose a state-mandated local program.
The council would be required to establish a goal for the
adoption of the plan by December 1, 2010. If the plan is not
completed by that date, the council would be required to adopt an
interim strategic plan.
The bill would authorize the council to impose a per-acre-foot fee
on water diversions within the Delta watershed and a fee on any
water conveyed through or around the Delta. The bill would provide
that revenues generated from those fees, or from similar fee revenues
collected by another state agency, shall be available, upon
appropriation, to fund activities authorized by the act.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
enact legislation to establish the Sacramento-San Joaquin Delta
Stewardship Council.
SECTION 1. Division 26.8 (commencing with
Section 79850) is added to the Water Code, to read:
DIVISION 26.8. SACRAMENTO-SAN JOAQUIN RIVER DELTA, CLEAN
DRINKING WATER, WATER SUPPLY SECURITY, AND ENVIRONMENTAL IMPROVEMENT
ACT OF 2009
CHAPTER 1. GENERAL PROVISIONS
79850. This division shall be known and may be cited as the
Sacramento-San Joaquin River Delta, Clean Drinking Water, Water
Supply Security, and Environmental Improvement Act of 2009.
CHAPTER 2. DELTA ECOSYSTEM RESTORATION AND WATER SUPPLY
RELIABILITY
79855. The Legislature finds and declares all of the following:
(a) The coequal goals of restoring the Delta ecosystem and
creating a more reliable water supply in California are the
foundation of water and ecosystem policymaking.
(b) All state agencies with significant responsibilities relating
to the Delta should implement their statutory duties in a manner that
advances these coequal goals.
(c) All water project operational agreements, contracts for water
use, water right permits, and financial agreements that impact the
Delta should reflect and promote these coequal goals.
CHAPTER 3. DELTA ECOSYSTEM AND WATER COUNCIL
79860. (a) The Delta Ecosystem and Water Council is hereby
established to advance the coequal goals of restoring the Delta
ecosystem and creating a more reliable water supply in California.
(b) The board of directors of the council shall consist of seven
members, appointed as follows:
____.
CHAPTER 4. MISSION, DUTIES, AND RESPONSIBILITIES OF THE DELTA
ECOSYSTEM AND WATER COUNCIL
79870. (a) The council shall prepare and adopt a plan referred to
as the California Delta Ecosystem and Water Plan that incorporates
the plans of other agencies, as appropriate, to carry out the
requirements of this division.
(b) The council shall have exclusive authority to determine the
consistency of any project proposed or approved by a state agency or
local government with the plan adopted pursuant to this division.
79871. (a) The council shall prepare on or before August 1, 2010,
a schedule for preparing and adopting the plan.
(b) The council shall establish a goal for the adoption of the
plan by December 1, 2010.
(c) If the plan is not adopted by December 1, 2010, the council
shall adopt an interim strategic plan.
CHAPTER 5. DELTA ECOSYSTEM AND WATER PLAN
79880. (a) The plan shall be prepared in order to achieve the
coequal goals of the Delta Vision. The plan shall build upon other
plans, modifying and extending those plans as needed to meet the
requirements of this division. Those other plans include, but are not
limited to, the ecosystem restoration program being developed by the
Department of Fish and Game, the land use and resource management
plan developed by the Delta Protection Commission, any local habitat
conservation plan within the Delta, the Suisun Marsh plan under
development, the provisions of the California Water Plan that address
reliable water supply being developed by the department, and the
conservation program resulting from the Bay Delta Conservation Plan.
(b) Those persons responsible for implementing the plans described
in subdivision (a) shall do so in a manner that is consistent with
the plan adopted pursuant to this division.
CHAPTER 6. FUNDING
79885. The council may impose a per-acre-foot fee on water
diversions within the Delta watershed, and a fee on any water
conveyed through or around the Delta. The revenues generated from
fees imposed pursuant to this section, or from similar fee revenues
collected by another state agency, shall be available, upon
appropriation, to fund the activities authorized in this division.
CHAPTER 7. THE DELTA SCIENCE AND ENGINEERING BOARD AND THE
DELTA SCIENCE AND ENGINEERING PROGRAM
79900. The Legislature finds and declares all of the following:
(a) California should maintain a strong and consistent investment
in science and engineering important to the Delta. There needs to be
a more direct link between scientific investigation and real-world
management and policy.
(b) To achieve this, the council requires both a permanent science
and engineering program staff and an independent science and
engineering board that reviews actions undertaken by the council.
(c) The science and engineering program and the independent
science and engineering board should receive stable, adequate
funding.
(d) The science and engineering program should be a replacement
for, and a successor to, the successful CALFED Independent Science
Program, and a newly constituted independent science and engineering
board should replace the CALFED Independent Science Board.
SEC. 2. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.