California Legislature—2013–14 Regular Session

Assembly Bill No. 2463

Introduced by Assembly Member Dickinson

February 21, 2014

An act to amend Section 85320 of the Water Code, relating to the Sacramento-San Joaquin Delta.

LEGISLATIVE COUNSEL’S DIGEST

AB 2463, as introduced, Dickinson. Delta plan: Bay Delta Conservation Plan: hearings.

Existing law, 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, known as the Delta Plan, by January 1, 2012. Existing law requires the council to consider for inclusion in the Delta Plan the Bay Delta Conservation Plan, a multispecies conservation plan, and requires the incorporation of the Bay Delta Conservation Plan into the Delta Plan if the Bay Delta Conservation Plan meets certain requirements. Under existing law, if the Department of Fish and Wildlife approves the Bay Delta Conservation Plan as a natural community conservation plan, the council is required to have at least one public hearing concerning the incorporation of the Bay Delta Conservation Plan into the Delta Plan.

This bill would require the council to have at least 5 public hearings concerning the incorporation of the Bay Delta Conservation Plan into the Delta Plan if the Department of Fish and Wildlife approves the Bay Delta Conservation Plan as a natural community conservation plan.

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 85320 of the Water Code is amended to
read:

85320.  

(a) The Bay Delta Conservation Plan (BDCP) shall be
considered for inclusion in the Delta Plan in accordance with this
chapter.

(b) The BDCP shall not be incorporated into the Delta Plan and
the public benefits associated with the BDCP shall not be eligible
for state funding, unless the BDCP does all of the following:

(1) Complies with Chapter 10 (commencing with Section 2800)
of Division 3 of the Fish and Game Code.

(2) Complies with Division 13 (commencing with Section
21000) of the Public Resources Code, including a comprehensive
review and analysis of all of the following:

(A) A reasonable range of flow criteria, rates of diversion, and
other operational criteria required to satisfy the criteria for approval
of a natural community conservation plan as provided in
subdivision (a) of Section 2820 of the Fish and Game Code, and
other operational requirements and flows necessary for recovering
the Delta ecosystem and restoring fisheries under a reasonable
range of hydrologic conditions, which will identify the remaining
water available for export and other beneficial uses.

(B) A reasonable range of Delta conveyance alternatives,
including through-Delta, dual conveyance, and isolated conveyance
alternatives and including further capacity and design options of
a lined canal, an unlined canal, and pipelines.

(C) The potential effects of climate change, possible sea level
rise up to 55 inches, and possible changes in total precipitation
and runoff patterns on the conveyance alternatives and habitat
restoration activities considered in the environmental impact report.

(D) The potential effects on migratory fish and aquatic resources.

(E) The potential effects on Sacramento River and San Joaquin
River flood management.

(F) The resilience and recovery of Delta conveyance alternatives
in the event of catastrophic loss caused by earthquake or flood or
other natural disaster.

(G) The potential effects of each Delta conveyance alternative
on Delta water quality.

(c) The department shall consult with the council and the Delta
Independent Science Board during the development of the BDCP.
The council shall be a responsible agency in the development of
the environmental impact report. The Delta Independent Science
Board shall review the draft environmental impact report and
submit its comments to the council and the Department of Fish
and begin delete Game end delete begin insert Wildlife end insert .

(d) If the Department of Fish and begin delete Game end delete begin insert Wildlife end insert approves the
BDCP as a natural community conservation plan pursuant to
Chapter 10 (commencing with Section 2800) of Division 3 of the
Fish and Game Code, the council shall have at least begin delete one end delete begin insert five end insert public
begin delete hearing end delete begin insert hearings end insert concerning the incorporation of the BDCP into
the Delta Plan.

(e) If the Department of Fish and begin delete Game end delete begin insert Wildlife end insert approves the
BDCP as a natural community conservation plan pursuant to
Chapter 10 (commencing with Section 2800) of Division 3 of the
Fish and Game Code and determines that the BDCP meets the
requirements of this section, and the BDCP has been approved as
a habitat conservation plan pursuant to the federal Endangered
Species Act (16 U.S.C. Section 1531 et seq.), the council shall
incorporate the BDCP into the Delta Plan. The Department of Fish
and begin delete Game’s end delete begin insert Wildlife’s end insert determination that the BDCP has met the
requirements of this section may be appealed to the council.

(f) The department, in coordination with the Department of Fish
and begin delete Game end delete begin insert Wildlife end insert , or any successor agencies charged with BDCP
implementation, shall report to the council on the implementation
of the BDCP at least once a year, including the status of monitoring
programs and adaptive management.

(g) The council may make recommendations to BDCP
implementing agencies regarding the implementation of the BDCP.
BDCP implementing agencies shall consult with the council on
these recommendations. These recommendations shall not change
the terms and conditions of the permits issued by state and federal
regulatory agencies.