BILL NUMBER: SB 229 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Pavley
FEBRUARY 23, 2009
An act to add Division 28 (commencing with Section 80500) to, and
to repeal and add Article 2 (commencing with Section 150) of Chapter
2 of Division 1 of, the Water Code, relating to the Sacramento-San
Joaquin Delta.
LEGISLATIVE COUNSEL'S DIGEST
SB 229, as introduced, Pavley. California Water Commission:
Bay-Delta.
(1) Existing law establishes the 9-member California Water
Commission in the Department of Water Resources and requires the
commission to conduct an annual review of the progress and operation
of the State Water Project and to carry out various other related
functions.
This bill would substantially revise the membership and functions
of the commission. The bill would establish the commission in the
Natural Resources Agency and require that it be considered an
independent commission. The commission would consist of 5 members
appointed by the Governor and subject to the confirmation of the
Senate. The commission would have primary authority to implement and
oversee the implementation of the Bay-Delta Interim Governance Act of
2009, as described in (2). The bill would authorize the commission
to serve as lead agency to implement specified projects recommended
by the final environmental impact report of the Bay-Delta
Conservation Plan.
(2) Existing law requires various state agencies to carry out
programs, projects, and activities on behalf of the Sacramento-San
Joaquin Delta.
The California Bay-Delta Authority Act establishes in the Natural
Resources Agency the California Bay-Delta Authority. The act requires
the authority and the implementing agencies to carry out programs,
projects, and activities necessary to implement the Bay-Delta
Program, defined to mean those projects, programs, commitments, and
other actions that address the goals and objectives of the CALFED
Bay-Delta Programmatic Record of Decision, dated August 28, 2000, or
as it may be amended.
This bill would enact the Bay-Delta Interim Governance Act of 2009
to provide for interim management and governance measures for the
Bay-Delta, as defined, and to enhance the reliability of water
supplies that originate in the Bay-Delta. The act would require the
agency to adopt a Bay-Delta Conservation Plan for the Bay-Delta. The
development and implementation of the plan would be funded through a
fee established by the commission and paid by all entities that are
beneficiaries, as defined, of the plan and those entities that divert
water from a Delta water body. The act would require the State Board
of Equalization to collect the fee and deposit the moneys collected
in the Delta Governance Account, which the bill would establish.
Moneys in the account would be available, upon appropriation by the
Legislature, only for expenditure on projects or programs contained
in the plan.
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. Article 2 (commencing with Section 150) of Chapter 2 of
Division 1 of the Water Code is repealed.
SEC. 2. Article 2 (commencing with Section 150) is added to
Chapter 2 of Division 1 of the Water Code, to read:
Article 2. California Water Commission
150. There is in the Natural Resources Agency the California
Water Commission, is an independent commission. In addition to its
duties and responsibilities contained herein the commission shall
focus on interim measures in the Bay-Delta as described in this
article.
151. The California Water Commission consists of five members
appointed by the Governor and subject to the confirmation of the
Senate, as provided in this article.
152. The Governor shall select and approve members for
appointment on the basis of their general educational and business
qualifications, and their knowledge of, interest in, and experience
with problems relating to the control, storage, and beneficial use of
water. The membership shall represent all parts of the state so far
as it is practicable.
153. The Governor shall appoint the initial five members of the
California Water Commission before January 15, 2010. The members
shall serve staggered terms. The terms of the members of the
California Water Commission shall expire as follows: one member on
January 15, 2011, two members on January 15, 2012, and two members on
January 15, 2013. The members of the commission shall allocate the
initial terms among themselves by lot or other method.
154. Appointments shall be for terms of four years. Vacancies
shall be immediately filled by the Governor for the unexpired portion
of the terms in which they occur.
155. The appointments made by the Governor to membership on the
California Water Commission are subject to confirmation by the Senate
at the next regular or special session of the Legislature and the
refusal or failure of the Senate to confirm an appointment shall
create a vacancy in the office to which the appointment was made.
156. The members of the California Water Commission may be
removed from office by the Legislature, by concurrent resolution
adopted by a majority vote of all members elected to each house, for
dereliction of duty, corruption, or incompetency.
157. Each member of the California Water Commission shall receive
one hundred dollars ($100) for each day during which the member is
engaged in the performance of official duties, but shall not be
compensated for more than 40 days in any one fiscal year, except that
the chairperson of the commission may be compensated for up to 60
days for performance of those duties. In addition to that
compensation, each member shall be reimbursed for necessary traveling
and other expenses incurred in the performance of official duties.
158. The California Water Commission shall maintain its
headquarters in Sacramento and shall hold meetings at such times and
at such places as shall be determined by it. All meetings of the
commission shall be open and public.
159. Special meetings may be called at any time by the chair of
the commission or by the executive officer at the request of any four
members, upon notice specifying the matters to be acted upon at that
meeting, but no other matters shall be acted upon at special
meetings that were not so noticed, unless all members are present and
consent thereto.
160. The members of the California Water Commission shall select
one of the members to serve as chair, who shall hold office as chair
at the pleasure of the commission.
161. The California Water Commission shall confer with, advise,
and make recommendations to the director with respect to any matters
and subjects under the jurisdiction of the director. All rules and
regulations of the department, other than those relating exclusively
to the internal administration and management of the department,
shall be first presented by the director to the commission and shall
become effective only upon approval by the commission.
162. The California Water Commission shall have the power to name
all facilities of the State Water Resources Development System owned
by the state. The commission may receive testimony from the public
on matters involving its responsibilities under this section, and,
after public hearing for the purpose of considering all proposed
names for those facilities, may, by resolution, express its decision
regarding the naming of specific facilities of the State Water
Resources Development System.
163. (a) The commission shall have primary authority to implement
and oversee the implementation of the Bay-Delta Interim Governance
Act of 2009 (Division 28 (commencing with Section 80500), including,
but not limited to, the responsibility to ensure that the coequal
goals for the governance of the Delta identified in that division are
successfully coordinated and implemented, the implementation of the
Bay-Delta Conservation Plan adopted pursuant to that act, and the
responsibility to recommend priority activities and projects to the
Natural Resources Agency, the state board, and other entities for
environmental review and implementation that are included within the
Bay-Delta Conservation Plan.
(b) The commission may serve as lead agency to implement specified
projects recommended by the final environmental impact report of the
Bay-Delta Conservation Plan. The commission may enter into
agreements with appropriate state agencies to provide technical
assistance that may be necessary to implement specific projects.
(c) Establish a Delta fee in accordance with Section 80535.
(d) The commission shall recommend at least one individual to
serve as a watermaster who shall be charged with the responsibility
of enforcing all statutory provisions that are relevant to the
successful implementation of the Bay-Delta Conservation Plan. The
costs of the watermaster shall be paid from the Delta Governance
Account established pursuant to Section 80535.
(e) Watermaster decisions may be appealed by an affected party to
the chair of the state board. The chair may stay decisions if he or
she determines that the decision of the watermaster was not supported
by substantial evidence in the record. An order of the chair of the
state board pursuant to this subdivision that stays an order of the
watermaster shall be set for hearing before the full state board at
the earliest possible meeting.
164. The commission may employ an executive officer, exempt from
civil service, under subdivision (e) of Section 4 of Article XXIV of
the Constitution, and other staff it determines to be necessary for
the proper discharge of its duties and may purchase or rent necessary
supplies, instruments, tools, equipment, and conveniences.
165. The department shall furnish to the California Water
Commission, at its request, assistance, including technical, legal,
and clerical services, as is required to the extent funds are made
available therefor.
166. (a) The commission may hold any hearings and conduct any
investigations in any part of the state necessary to carry out the
powers vested in it, and for those purposes has the powers conferred
upon heads of departments of the state by Article 2 (commencing with
Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the
Government Code.
(b) Any hearing or investigation by the commission may be
conducted by any member or nominee upon authorization of the
commission, and he or she shall have the powers granted to the
commission by this section, but any final action of the commission
shall be taken by a majority of the members of the commission at a
meeting duly called and held.
167. The California Water Commission shall conduct an annual
review of the progress of construction and operation of the State
Water Resources Development System, and shall make a report on its
findings to the department and to the Legislature, together with
whatever recommendations it deems appropriate.
168. The California Water Commission shall hold public hearings
on all additional facilities proposed to be added to the State Water
Resources Development System by the department pursuant to the
authority granted by Sections 12931 and 12938.
SEC. 3. Division 28 (commencing with Section 80500) is added to
the Water Code, to read:
DIVISION 28. Bay-Delta Interim Governance
CHAPTER 1. GENERAL PROVISIONS
80500. This division shall be known and may be cited as the
Bay-Delta Interim Governance Act of 2009.
80501. (a) It is the intent of the Legislature to provide for
interim management and governance measures that will contribute to
the health of the Bay-Delta and to enhance water supply reliability
to those who depend on adequate water supplies that originate in the
Bay-Delta.
(b) It is further the intent of the Legislature to accomplish the
identified tasks through the use of existing government agencies and
not to create additional entities.
(c) It is further the intent of the Legislature that federal,
state, and local governments should cooperate in devising the
necessary projects, programs, water supply reliability improvements,
and ecosystem recovery strategies in the Delta.
CHAPTER 2. DEFINITIONS
80510. Unless the context otherwise requires, the definitions set
forth in this chapter govern the construction of this division.
80511. "Account" means the Delta Governance Account established
in Section 80535.
80512. "Agency" means the Natural Resources Agency.
80513. "Commission" means the California Water Commission.
80514. "Delta" means the Sacramento-San Joaquin Delta estuary, as
defined in Section 12220 and Suisun Bay.
80515. "Plan" means the Bay-Delta Conservation Plan adopted
pursuant to Chapter 3 (commencing with Section 80530).
CHAPTER 3. BAY-DELTA OPERATION
80530. (a) It is the policy of the state that, to the maximum
extent practicable, projects and programs of state agencies that
affect the Bay-Delta shall achieve the two coequal goals of ecosystem
recovery and improvements to the reliability of public water
supplies.
(b) The agency, in consultation with the state board, shall
undertake all necessary actions to ensure that all funds and programs
of the State of California and its cooperating partners in the
federal government and local governments in the Bay-Delta are
consistent with the goals established in subdivision (a).
80531. (a) The agency shall adopt a Bay-Delta Conservation Plan
for the Bay-Delta. The plan shall incorporate adaptive management
techniques to the maximum extent practicable in order to focus the
best available scientific information on the two coequal goals
established in subdivision (a) of Section 80530.
(b) The agency shall act as the lead agency in the development of
the plan. The plan shall be consistent with the Natural Community
Conservation Planning Act (Chapter 10 (commencing with Section 2800)
of Division 10 of the Fish and Game Code.) The Secretary for Natural
Resources shall extend an invitation to appropriate federal agencies
and local governments inviting their participation and entering into
agreements consistent with this section at the earliest possible
time.
80532. The Secretary for Natural Resources shall extend an
invitation to cooperating federal agencies and local governments to
participate in the interim governance of the Bay-Delta pursuant to
this division.
80533. The plan and its component projects shall fully comply
with the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code). It is
the intent of the Legislature that the agency shall, to the extent
feasible, coordinate with local governments that are developing
natural community conservation plans adjacent to the Delta.
80534. The Legislature finds and declares that, in addition to
the development and implementation of the plan, other interim
measures not included in the plan should be addressed in the short
term, including, but not limited to, issues pertaining to
transportation, utilities, recreation, water supply, flood control,
and others. The parties identified in Section 12805.4 of the
Government Code shall develop an interim plan that includes
recommendations for projects and programs to address these issues
that can be implemented as interim measures.
80535. (a) The development and implementation of the plan shall
be funded through a fee paid by all entities that are beneficiaries
of the plan and those entities that divert water from a Delta water
body. For purposes of this section, plan "beneficiaries" are those
entities that obtain or are delegated authority, pursuant to the plan
or its implementing agreements, to take endangered, threatened, or
candidate species protected under state or federal law.
(b) The commission shall establish the fee, in consultation with
the agency and the state board, sufficient to fund the development
and implementation of the plan. The fee may be graduated to reflect
factors recognized by the commission that may include, but are not
limited to, the volume of water diverted, the nature and type of the
diversion, and other factors as determined by the commission. The
State Board of Equalization shall collect the fee and deposit the
moneys collected in the Delta Governance Account, which is hereby
established within the State Treasury. The moneys in the account
shall be available, upon appropriation by the Legislature, only for
expenditure on projects or programs contained in the plan.
80536. Plan projects may be funded, if authorized, by moneys made
available by bond acts approved before January 1, 2010, upon
appropriation by the Legislature for that purpose. It is the intent
of the Legislature that plan projects may also be funded from other
general obligation bonds approved by a vote of the people and revenue
bonds.