BILL ANALYSIS �
SB 1495
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Date of Hearing: June 12, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
SB 1495 (Wolk) - As Amended: April 16, 2012
SENATE VOTE : 35-0
SUBJECT : Delta Plan: Exemptions
SUMMARY : Would specify that certain harbor-related leases and
routine dredging activities are not subject to Delta Stewardship
Council (DSC) review for consistency with the long-term
management plan for the Sacramento-San Joaquin Delta (Delta
Plan).
Specifically, this bill exempts from DSC Delta Plan consistency
review:
1)Leases approved by a special district formed under the Harbors
and Navigation Code where the lease has already undergone
California Environmental Quality Act (CEQA) review, if
applicable, and is consistent with existing local zoning and
permissible uses.
2)Routine dredging activities that are necessary for maintenance
of facilities operated by special districts formed under the
Harbors and Navigation Code.
EXISTING LAW :
1)Adopts coequal goals for the Delta of providing a more
reliable water supply for California and protecting,
restoring, and enhancing the Delta ecosystem and requires the
DSC adopt and implement a Delta Plan that furthers the coequal
goals.
2)Defines covered actions as those that will occur, in whole or
in part, within the Delta or Suisun Marsh and are:
a) Carried out, approved, or funded by the state or a local
public agency;
b) Covered by one or more provisions of the Delta Plan;
and,
c) Will have a significant impact on achievement of one or
both of the coequal goals or the implementation of
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government-sponsored Delta flood control programs.
3)Sets forth specific exemptions from being considered a covered
action including, but not limited to, state agency regulatory
actions, routine State Water Project and federal Central
Valley Project maintenance, regional transportation plans, and
some existing approved activities in the Delta secondary zone.
4)Requires, once the Delta Plan is adopted, that a state or
local agency that proposes to undertake a covered action
prepare a written finding as to whether the action is
consistent with the Delta Plan. Allows any party to appeal
that finding of consistency to the DSC for a determination.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
COMMENTS :
The Sacramento-San Joaquin Delta Reform Act of 2009 (Delta
Reform Act) creates the DSC and sets forth the requirements for
the Delta Plan. On May 14, 2012, the DSC staff released the
sixth and final staff draft of the Delta Plan (Final Draft).
Chapter 2 of the Final Draft, entitled The Delta Plan, proposes
a number of Administrative Exemptions that are not considered
covered actions based on a finding by the DSC that they will not
have a significant impact on the achievement of the coequal
goals. The language of this bill is identical to two of those
administrative exemptions. However, the Delta Stewardship
Council has not yet adopted the Plan and could conceivably
change it. Also, once the Delta Plan is adopted, it is
anticipated the DSC could add or remove exemptions while this
bill would make the exemptions statutory. So the tradeoff
proposed by this bill is to provide greater economic and legal
certainty to the ports by removing flexibility from the DSC on
the specific issue of harbor leases and dredging.
Supporting arguments : 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 �DSC] 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
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channels. �This bill] 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."
Opposing arguments : Opponents state that they are "concerned
that dredging operations by the ports that go beyond routine
maintenance and operation (which appears to be exempt under
existing law), is the type of activity that should be reviewed
for consistency with the Delta Plan." Opponents are also
concerned that the enactment of this bill "would encourage
others to seek 'covered action' exemptions for their activities
in and around the Delta."
Assembly Water Parks and Wildlife Committee staff notes that
this bill only concerns whether or not harbor leases and
dredging activities would be subject to consistency review with
the Delta Plan, this bill does not authorize the dredging or the
leases or exempt them from environmental review. Such
activities would still be subject to California Environmental
Quality Act Review, National Environmental Policy Act review, or
both, as appropriate, and review by state and federal fish and
wildlife agencies for Endangered Species Act compliance, as well
as any other applicable state, federal, or local law.
REGISTERED SUPPORT / OPPOSITION :
Support
Bay Planning Coalition
California Marine Affairs and Navigation Conference
International Longshoreman's and Warehousemen's Union
Port of Stockton
Port of West Sacramento
Opposition
Association of California Water Agencies
Cucamonga Valley Water District
Walnut Valley Water District
Analysis Prepared by : Tina Cannon Leahy / W., P. & W. / (916)
319-2096
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