BILL NUMBER: SB 229 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 13, 2009
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 amended, 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 as 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 approve
and oversee the implementation of the Bay-Delta Interim
Governance Act of 2009, as described in (2). The bill would
authorize require the commission to serve as
lead agency to implement specified projects
recommended by the final environmental impact report of the Bay-Delta
Conservation Plan , or delegate these responsibilities to other
appropriate state or local entities .
(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 Bay-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
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 be
appointed from all parts of the state so far as it is
practicable. Members shall represent the public interest.
153. The Governor shall appoint the initial five members of the
California Water Commission commis
sion before January 15, 2010. The members shall serve
staggered terms. The terms of the members of the California
Water Commission 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 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 for which the Governor shall
nominate a new member to fill the vacancy .
156. The members of the California Water Commission
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
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
commission shall maintain its headquarters in Sacramento and
shall hold meetings at such any times
and at such any 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
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
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
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 approve and oversee the implementation of the
Bay-Delta Interim Governance Act of 2009 (Division 28 (commencing
with Section 80500) 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 responsibility to implement
the Bay-Delta Conservation Plan , and the interim plan described
in Section 80534, 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 or the interim plan described in
Section 80534 .
(b) The commission may shall serve
as lead agency to implement specified projects
recommended by the final environmental impact report of the Bay-Delta
Conservation Plan or the interim plan described in Section
80534 . The commission may enter into agreements with
appropriate state agencies to provide technical assistance that may
be necessary to implement specific projects. The commission may
delegate lead agency status for projects in the Bay-Delta
Conservation Plan or the interim plan described in Section 80534 to
other appropriate state or local entities.
(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 or
the interim plan described in Section 80534 . The costs of the
watermaster shall be paid from the Delta Governance Account
established pursuant to Section 80535. The watermaster shall
notify the commission of any action of the Natural Resources Agency
or the state board or any other governmental entity that is
inconsistent with this article.
(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 Natural Resources
Agency shall furnish to the California Water
Commission 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
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
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
Bay-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. "Bay-Delta" means the Sacramento-San Joaquin Delta
Estuary, as defined in Section 12220, and Suisun Bay.
80513. 80514. "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). The agency may consult with the state board in
implementing this subdivision.
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 Bay-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 and flood control . 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 Bay-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.