BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1495|
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THIRD READING
Bill No: SB 1495
Author: Wolk (D), et al.
Amended: 4/16/12
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMM. : 6-0, 4/10/12
AYES: Pavley, La Malfa, Cannella, Kehoe, Padilla, Wolk
NO VOTE RECORDED: Evans, Fuller, Simitian
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Sacramento-San Joaquin Delta Reform Act of 2009
SOURCE : Author
DIGEST : This bill excludes from the definition of
covered actions both of the following (1) 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 special district
complies with the California Environmental Quality Act
prior to approving the lease; and (2) dredging activities
necessary for maintenance of certain facilities operated by
special districts.
ANALYSIS : The Sacramento-San Joaquin Delta Reform Act of
2009 establishes the Delta Stewardship Council, which is
required to develop, adopt, and commence implementation of
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a comprehensive management plan for the Delta by January 1,
2012. The Act defines "covered action" to mean a plan,
program, or project that meets specified conditions.
This bill excludes from the definition of "covered actions"
both of the following:
1. 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 special district complies with California
Environmental Quality Act (CEQA) prior to approving
the lease.
2. Dredging activities necessary for maintenance of certain
facilities operated by special districts.
Background
The Sacramento-San Joaquin Delta Reform Act of 2009, among
other things:
Establishes co-equal goals of providing more reliable
water supply for California and protecting, restoring,
and enhancing the Delta ecosystem.
Creates the Delta Stewardship Council (Council).
Requires the Council to develop and adopt a Delta Plan to
achieve the co-equal goals.
Requires all "covered actions" to be consistent with the
Delta Plan.
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
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The Act defined covered actions as a plan, program, or
project, as defined in the CEQA that meets all of the
following conditions:
Will occur, in whole or in part, within the boundaries of
the Delta or Suisun Marsh.
Will be carried out, approved, or funded by the state or
a local public agency.
Is covered by one or more provisions of the Delta Plan.
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.
The Act also defined a number of specific activities as not
being covered actions, including:
A regulatory action of a state agency.
Routine maintenance and operation of the State Water
Project or the federal Central Valley Project.
Regional transportation plans.
Any plan, program, project, or activity within the
secondary zone of the Delta that the applicable
metropolitan planning organization has determined is
consistent with the provisions of SB 375 (Steinberg),
Chapter 728, Statutes of 2008.
Routine maintenance and operation of any facility
located, in whole or in part, in the Delta, that is owned
or operated by a local public agency.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 4/30/12)
Port of Stockton
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ARGUMENTS IN SUPPORT : According to the author, "The
Sacramento and Stockton ports provide important hubs for
goods movement within our region. The 2009 Water Package
gave broad authority to the Delta Stewardship Council to
review 'covered actions' for consistency with the Delta
Plan. The covered actions review process adds a new level
of review and delay for some port activities within the
Delta. Two actions that are currently considered covered
actions are lease approvals and routine dredging of ship
channels. SB 1495 would provide a narrow exemption for
these two actions from the definition of 'covered actions'
in order to ensure that these time sensitive port
activities proceed without unnecessary delays."
CTW:do 5/1/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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