BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 229|
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THIRD READING
Bill No: SB 229
Author: Pavley (D)
Amended: 6/1/09
Vote: 21
SENATE NATURAL RES. & WATER COMMITTEE : 7-3, 4/14/09
AYES: Pavley, Kehoe, Leno, Padilla, Simitian, Wiggins,
Wolk
NOES: Cogdill, Hollingsworth, Huff
NO VOTE RECORDED: Benoit
SENATE APPROPRIATIONS COMMITTEE : 7-5, 5/28/09
AYES: Kehoe, Corbett, DeSaulnier, Hancock, Leno, Oropeza,
Yee
NOES: Cox, Denham, Runner, Walters, Wyland
NO VOTE RECORDED: Wolk
SUBJECT : California Water Commission: Bay-Delta
SOURCE : Author
DIGEST : This bill revives the California Water
Commission, moves it out of the Department of Water
Resources, and gives it substantial new authority relating
to the management of the Delta.
ANALYSIS :
Existing law:
CONTINUED
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1. Establishes the nine-member California Water Commission
in the Department of Water Resources and requires the
California Water Commission to conduct an annual review
of the progress and operation of the State Water Project
and to carry out various other related functions.
2. 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
state government 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:
1. Provides that the California Water Commission
(Commission) is an independent commission, and decreases
the number of Commission members from nine to five.
2. States that the Governor shall appoint the initial five
members of the Commission on or before January 15, 2010.
The members will serve staggered terms. The terms of
the members of the Commission will 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 will allocate the initial
terms among themselves by lot or other random method.
The terms of the successors to the initial members will
be for four years by current law.
3. Requires the Commission to 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 the appropriate state agencies to
provide technical assistance that may be necessary to
implement specific projects. The Commission may
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delegate lead agency status for projects in the
Bay-Delta Conservation Plan to other appropriate state
or local entities.
4. Requires the Commission to 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.
5. Requires the Commission to select at least one
individual to serve as a watermaster who will be charged
with the responsibility of enforcing all laws that are
relevant to the successful implementation of the
Bay-Delta Conservation Plan. The watermaster will
notify the Commission of any action of the Natural
Resources Agency, the state board, or any other
governmental entity that is consistent with the law.
Watermaster decisions may be appealed by an affected
party to the chair of the state board. The chair may
stay decisions if he/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 will be set for hearing before
the full state board at the earliest possible meeting.
6. Requires the Commission 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. The costs of the Commission to implement
this bill is to be paid, upon appropriation by the
Legislature, from this fee or similar fee revenues
collected by another state agency.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 6/1/09) (prior version of the bill)
Natural Resources Defense Council
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OPPOSITION : (Verified 6/1/09) (prior version of the
bill)
Association of California Water Agencies
ARGUMENTS IN SUPPORT : According to the author, "The
ongoing environmental collapse of the California Bay-Delta,
if not reversed, will result in ecosystem losses that
threaten the water supplies of millions of Californians,
agriculture, and protected species such as salmon and other
species. The Legislature is considering many bills on the
Bay-Delta in this term, but SB 229 is unique in that it
focuses on only short-term, positive steps that can be
achieved promptly. This bill adopts the recommendation of
the Delta Vision Task Force that two co-equal goals should
be adopted: ecosystem restoration and improvements to water
supply reliability. It does not address long-term
governance, a peripheral canal, possible bond financing, or
land use reforms. Instead, it focuses only on ecosystem
planning, short-term funding, and enforcement of existing
laws."
ARGUMENTS IN OPPOSITION : According to the Association of
California Water Agencies (ACWA), "While it is possible
that a permanent Delta Governance structure may not be
negotiated in the 2009 legislative session and an interim
approach as contemplated by SB 299 may be required, ACWA
respectfully submits that the approach in SB 229 is
overbroad and over reaching." ACWA raises particular
concerns with (1) not being clear whether the Bay Delta
Conservation Plan discussed in this bill is the same as the
Bay Delta Conservation Plan being developed by the NRA,
delta water exporters, and others, (2) the appointment of a
watermaster, and (3) fees.
CTW:mw 6/1/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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