BILL NUMBER: SB 229 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2009
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. An act to amend Sections
150, 151, 152, and 153 of, and to add Section 167 to, and to repeal
Section 162 of, the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 229, as amended, Pavley. California Water Commission:
Bay-Delta.
(1) Existing
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 revise the membership and functions of the
commission. The bill would establish the commission in the
Natural Resources Agency state government 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 require the commission to serve as lead agency to
implement 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.
The commission would be required to identify and prioritize early
action projects and programs for achieving specified goals for the
Sacramento-San Joaquin Delta, and select a watermaster to enforce all
laws that are relevant to the successful implementation of the
Bay-Delta Conservation Plan. The commission would be required to
establish and impose a per-acre-foot fee on water diversions within
the Sacramento-San Joaquin Delta watershed, and a fee on any water
conveyed through or around the Sacramento-San Joaquin Delta that may
be used, upon appropriation by the Legislature, to fund
the commission's responsibilities under the bill.
(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 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. Section 150 of the Water
Code is amended to read:
150. (a) There is in the
Department of Water Resources the California Water Commission
state government the California Water Commission, an
independent commission. In addition to its other duties and
responsibilities contained in this article, the commission shall
focus on early action projects and measures in the Sacramento-San
Joaquin Delta as described in Section 167 .
(b) As used in this article, "commission" means the California
Water Commission.
SEC. 2. Section 151 of the Water Code
is amended to read:
151. The California Water Commission
commission consists of nine five
members who are appointed by the Governor and subject to
the confirmation of by
the Senate, as provided in this article.
SEC. 3. Section 152 of the Water Code
is amended to read:
152. Seven members of the California Water Commission
appointed by the Governor shall be selected and approved
Members of the commission shall be selected and approved
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. They The membership
shall be appointed in such a manner as to afford
representation on the commission of from all
parts of the state so far as it is practicable. In
considering qualifications of such members of the commission,
engineering ability and experience shall be deemed advisable. Two
members of the commission appointed by the Governor shall be members
of the public having an interest in and knowledge of the environment
and need have none of the other qualifications specified in this
section. The next two members appointed to the commission by the
Governor after the effective date of the amendment of this section at
the 1970 Regular Session of the Legislature shall be members of the
public having such interest in and knowledge of the environment.
Members shall represent the public interest.
SEC. 4. Section 153 of the Water Code
is amended to read:
153. The terms of the members of the California Water
Commission in office when this article takes effect shall expire as
follows: one member on January 15, 1958, two members on January 15,
1959, two members on January 15, 1960, and two members on January 15,
1961.
The terms of the two additional members of the commission
provided for by the act amending this section first appointed by the
Governor shall expire as follows: one member on January 15, 1962,
and one member on January 15, 1963. The Governor shall
appoint the initial five members of the commission on or before
January 15, 2010. The members shall serve staggered terms. The terms
of the members of the 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 random method.
The terms of the successors to such the
initial members shall be for four years as provided in
Section 154 .
SEC. 5. Section 162 of the Water Code
is repealed.
162. It is the intention of the Legislature that in the making of
all major departmental determinations, policies and procedures, such
as departmental recommendations to the Legislature, the director and
the California Water Commission shall be in agreement whenever
possible; but for the purpose of fixing responsibility to the
Governor and to the Legislature, in the event of disagreement between
the director and the commission upon such matters, the views of the
director shall prevail. In the event of disagreement pursuant to this
section, a written report upon such disagreement shall be made
immediately to the Governor and to the President pro Tempore of the
Senate and the Speaker of the Assembly by the commission and by the
director.
SEC. 6. Section 167 is added to the
Water Code , to read:
167. (a) The commission shall serve as lead agency to implement
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. The commission may
delegate lead agency status for projects in the Bay-Delta
Conservation Plan to other appropriate state or local entities.
(b) The commission shall identify and prioritize early action
projects and programs necessary for achieving the two primary goals
for the Sacramento-San Joaquin Delta of restoring the Delta ecosystem
and creating a more reliable supply of water for California, while
also recognizing the unique values of the Delta.
(c) (1) The commission shall select at least one individual to
serve as a watermaster who shall be charged with the responsibility
of enforcing all laws that are relevant to the successful
implementation of the Bay-Delta Conservation Plan. The watermaster
shall notify the commission of any action of the Natural Resources
Agency, the state board, or any other governmental entity that is
inconsistent with this article.
(2) 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.
(d) The commission shall establish and impose a per-acre-foot fee
on water diversions within the Sacramento-San Joaquin Delta
watershed, and a fee on any water conveyed through or around the
Sacramento-San Joaquin Delta. The costs of the commission to
implement this section shall be paid, upon appropriation by the
Legislature, from this fee or similar fee revenues collected by
another state agency. All matter omitted in this version of the
bill appears in the bill as amended in Senate, April 13, 2009 (JR11)