BILL ANALYSIS �
SB 1495
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Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1495 (Wolk) - As Amended: April 16, 2012
Policy Committee: Water, Parks and
Wildlife Vote: 10-0
Urgency: No State Mandated Local Program:
No Reimbursable: No
SUMMARY
As proposed to be amended, this bill exempts the following from
mandatory review by the Delta Stewardship Council (DSC) for
consistency with the long-term management plan for the
Sacramento-San Joaquin Delta: (a) leases approved by a special
district formed under the Harbors and Navigation Code and
consistent with local planning and zoning documents of the city
where the special district is located and approved by the city;
and (b) routine dredging activities necessary for maintenance of
facilities operated by special districts formed under the
Harbors and Navigation Code. Amendments proposed by the author
define the length of a dredging operation exempt from mandatory
review by DSC.
FISCAL EFFECT
Negligible.
COMMENTS
1)Rationale . The author contends this bill provides narrow
exemptions-for leases and routine dredging at the ports of
Stockton and West Sacramento--to what could otherwise be
lengthy and complex review by the DSC.
2)Background . Current law establishes the DSC and requires it
to adopt and implement a Delta Plan that furthers the coequal
goals of providing a more reliable water supply for California
and protecting, restoring, and enhancing the Delta ecosystem.
Statute defines certain "covered actions" and requires any
state or local agency that proposes to undertake a covered
action to prepare a written finding describing how the covered
SB 1495
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action is consistent with Delta Plan. Any party may appeal
the written findings to the DSC. Current law provides for
exemptions from the covered action requirements, such as state
agency regulatory actions, routine State Water Project and
federal Central Valley Project maintenance and regional
transportation plans.
3)Support. This bill is supported by the Bay Planning
Coalition, the ports of Stockton and West Sacramento, and
others who depend upon activities at the ports.
4)Opposition. This bill is opposed by the Association of
California Water Agencies, among others, who express concern
dredging activities may go beyond routine maintenance and that
the existence of legal exemptions to covered action
requirements encourages interested parties to seek additional
exemptions, thereby undermining legal protections for the
Delta.
Analysis Prepared by : Jay Dickenson / APPR. / (916) 319-2081