BILL NUMBER: SB 1495 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 14, 2012
AMENDED IN SENATE APRIL 16, 2012
INTRODUCED BY Senator Wolk
(Coauthors: Assembly Members Bill Berryhill, Galgiani, and Huber)
FEBRUARY 24, 2012
An act to amend Section 85057.5 of the Water Code, relating to the
Sacramento-San Joaquin Delta.
LEGISLATIVE COUNSEL'S DIGEST
SB 1495, as amended, Wolk. Sacramento-San Joaquin Delta Reform Act
of 2009.
The Sacramento-San Joaquin Delta Reform Act of 2009 establishes
the Delta Stewardship Council, which is required to develop, adopt,
and commence implementation of a comprehensive management plan for
the Delta by January 1, 2012. The act requires a state or local
public agency that proposes to undertake a covered action to prepare
a written certification, as prescribed, as to whether the covered
action is consistent with the Delta Plan. The act defines "covered
action" to mean a plan, program, or project that meets specified
conditions.
This bill would exclude from the definition of "covered action"
specified leases approved by specified special districts
the Port of Stockton or the Port of West
Sacramento , and routine dredging activities , as defined,
necessary for maintenance of certain
facilities operated by special districts the
P ort of Stockton or the Port of West Sacramento .
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 85057.5 of the Water Code is amended to read:
85057.5. (a) "Covered action" means a plan, program, or project
as defined pursuant to Section 21065 of the Public Resources Code
that meets all of the following conditions:
(1) Will occur, in whole or in part, within the boundaries of the
Delta or Suisun Marsh.
(2) Will be carried out, approved, or funded by the state or a
local public agency.
(3) Is covered by one or more provisions of the Delta Plan.
(4) Will have a significant impact on achievement of one or both
of the coequal goals or the implementation of government-sponsored
flood control programs to reduce risks to people, property, and state
interests in the Delta.
(b) "Covered action" does not include any of the following:
(1) A regulatory action of a state agency.
(2) Routine maintenance and operation of the State Water Project
or the federal Central Valley Project.
(3) Regional transportation plans prepared pursuant to Section
65080 of the Government Code.
(4) Any A plan, program, project, or
activity within the secondary zone of the Delta that the applicable
metropolitan planning organization under
pursuant to Section 65080 of the Government Code has determined
is consistent with either a sustainable communities strategy or an
alternative planning strategy that the State Air Resources Board has
determined would, if implemented, achieve the greenhouse gas emission
reduction targets established by that board pursuant to subparagraph
(A) of paragraph (2) of subdivision (b) of Section 65080 of the
Government Code. For purposes of this paragraph, "consistent with"
means consistent with the use designation, density, building
intensity, transportation plan, and applicable policies specified for
the area in the sustainable communities strategy or the alternative
planning strategy, as applicable, and any infrastructure necessary to
support the plan, program, project, or activity.
(5) Routine maintenance and operation of any
a facility located, in whole or in part, in the Delta,
that is owned or operated by a local public agency.
(6) Any A plan, program, project, or
activity that occurs, in whole or in part, in the Delta, if both of
the following conditions are met:
(A) The plan, program, project, or activity is undertaken by a
local public agency that is located, in whole or in part, in the
Delta.
(B) Either a notice of determination is filed, pursuant to Section
21152 of the Public Resources Code, for the plan, program, project,
or activity by, or the plan, program, project, or activity is fully
permitted by, September 30, 2009.
(7) (A) Any A project within the
secondary zone, as defined pursuant to Section 29731 of the Public
Resources Code as of January 1, 2009, for which a notice of approval
or determination pursuant to Section 21152 of the Public Resources
Code has been filed before the date on which the Delta Plan becomes
effective.
(B) Any A project for which a notice
of approval or determination is filed on or after the date on which
the final Bay Delta Conservation Plan becomes effective, and before
the date on which the Delta Plan becomes effective, is not a covered
action but shall be consistent with the Bay Delta Conservation Plan.
(C) Subparagraphs (A) and (B) do not apply to either of the
following:
(i) Any A project that is within a
Restoration Opportunity Area as shown in Figure 3.1 of Chapter 3:
Draft Conservation Strategy of the Bay Delta Conservation Plan,
August 3, 2009, or as shown in a final Bay Delta Conservation Plan.
(ii) Any A project that is within
the alignment of a conveyance facility as shown in Figures 1 to 5,
inclusive, of the Final Draft Initial Assessment of Dual Delta Water
Conveyance Report, April 23, 2008, and in future revisions of this
document by the department.
(8) Leases approved by a special district formed under
the Harbors and Navigation Code if all of the following
apply:
(A) The uses proposed by the lease are authorized by the
applicable general plan and zoning ordinances of the city where the
special district is located.
(B) The uses proposed by the lease are approved by the city where
the special district is located and the city complies with Chapter 3
(commencing with Section 85225) of Part 3, if applicable, prior to
approval of the lease by the special district.
(C) The special district complies with the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) prior to approving the lease.
(9) (A) Routine dredging activities that are
necessary for maintenance of facilities operated by special
districts formed under the Harbors and Navigation Code
a special district .
(B) For purposes of this paragraph, "routine dredging activities"
are limited to the following:
(i) Dredging to maintain the Stockton Deep Water Ship Channel at a
depth of 40 feet in the sediment trap at the confluence of the San
Joaquin River, between river mile 39.3 to river mile 40.2, and to
maintain the remaining Stockton Deep Water Ship Channel at a depth of
35 feet from river mile 35 to river mile 43.
(ii) Dredging designed to maintain the Sacramento Deep Water Ship
Channel at a depth of 30 feet plus 2 feet of overdredge from river
mile 0.0 to river mile 30, and at a depth of 35 feet from river mile
35 to river mile 43.
(C) Except as provided by this subdivision, it is the intent of
the Legislature that this exemption shall not be interpreted or
treated as changing or modifying current substantive and procedural
regulations applicable to the decision to approve dredging
operations.
(c) For purposes of this section, "special district" means the
Port of Stockton or the Port of West Sacramento.
(c) Nothing in the application of this section shall be
(d) This section shall not
interpreted to authorize the abrogation of any
a vested right whether created by statute or by common
law.
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