BILL NUMBER: SB 229 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JULY 9, 2009
AMENDED IN SENATE JUNE 1, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Pavley
FEBRUARY 23, 2009
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,
An act relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 229, as amended, Pavley. California Water Commission:
Bay-Delta. Water: Sacramento-San Joaquin Delta.
Existing 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 Sacramento-San Joaquin Delta.
This bill would declare legislative intent to enact legislation to
authorize actions to be undertaken prior to the adoption of a
comprehensive Sacramento-San Joaquin Delta Plan.
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 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 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.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: 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 authorize actions to be undertaken prior to the
adoption of a comprehensive Sacramento-San Joaquin Delta Plan.
SECTION 1. Section 150 of the Water Code is
amended to read:
150. (a) There is in 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 commission consists of five members who are appointed by
the Governor and subject to confirmation by the Senate, as provided
in this article.
SEC. 3. Section 152 of the Water Code is
amended to read:
152. 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. The membership shall be appointed from all parts of the state
so far as it is practicable. Members shall represent the public
interest.
SEC. 4. Section 153 of the Water Code is
amended to read:
153. 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 the
initial members shall be for four years as provided in Section 154.
SEC. 5. Section 162 of the Water Code is
repealed.
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.