SEC. 2.
(a) For purposes of this section, “Pajaro River Project” or “project” means the project for flood control on the Pajaro River and its tributaries in the Counties of Monterey and Santa Cruz, as authorized by Public Law 89-789 and Public Law 101-640, inclusive of components described in the recommended plan in Chapter 6 of the document entitled Pajaro River Flood
Risk Management Project, Santa Cruz and Monterey Counties, California: Final General Reevaluation Report and Integrated Environmental Assessment (revised December 2019), prepared by the United States Army Corps of Engineers. For purposes of this section, the project does not include ongoing or postconstruction operations and maintenance.(b) To protect
human health, safety, and the environment and to reduce the risks of local catastrophic flooding, the Pajaro River Project and the issuance of any permit, funding, or other approval by a state or local agency for the Pajaro River Project is exempt from all of the following:
(1) Chapter 6 (commencing with Section 1600) of Division 2 of the Fish and Game Code and the regulations adopted pursuant to that chapter.
(2) Waste discharge requirements and any related mitigation requirements pursuant to Division 7 (commencing with Section 13000 of the Water Code), including Sections 13260 and 13263 of the Water Code, and regulations adopted pursuant to those sections, with the exception of waste discharge requirements and any related mitigation requirements pursuant to Section 13160 of the Water Code and Sections 13370 to 13389, inclusive, of the Water Code and regulations adopted pursuant to those sections.
(c) The
document entitled Pajaro River Flood Risk Management Project, Santa Cruz and Monterey Counties, California: Final General Reevaluation Report and Integrated Environmental Assessment (revised December 2019)
shall be conclusively presumed to satisfy the requirements of Division 13 (commencing with Section 21000) of the Public Resources Code for the Pajaro River Project, including to support the issuance of any permit, funding, or other approval by a state or local agency for the Pajaro River Project when implementing Division 13 (commencing
with Section 21000) of the Public Resources Code.
(d) This section is operative only if all of the following criteria apply to all components of the project to which they are applicable:
(1) The project will increase the level of flood protection for disadvantaged communities, as defined in Section 79505.5 of the Water Code, as described in the project nonfederal cost-share report published April 28, 2020, submitted to the
Department of Water Resources for the
project, including achieving 100-year flood protection in the City of Watsonville and the community of Pajaro in the County of Monterey.
(2) The project has received an Engineering With Nature designation under the United States Army Corps of Engineers’ program of the same name based on the habitat benefits created, enhanced, and restored by the design and configuration of
improvements, through which an intentional alignment of natural and engineering processes efficiently and sustainably deliver economic, environmental, and social benefits. This includes the setback of some or all Pajaro River Project levees from their original locations to enhance habitat for fish and wildlife.
(3) The state has partnered with the Pajaro Regional Flood Management Agency or any federal project sponsor, including the United States Army Corps of Engineers, to incorporate habitat and groundwater recharge enhancements through Ecological Floodplain Inundation Potential (EcoFIP) analysis and implementation.
(4) The project incorporates best management practices to control erosion and runoff from construction activities.
(5) The project incorporates visual surface water monitoring to detect and correct accidental discharge of construction-related pollutants.
(6) The project does not involve disposal or
placement of flood-delivered sediments into waters of the state or at locations or in a manner where sediments may be washed into waters of the state by rainfall or runoff.
(7) The project is undertaken to avoid causing a violation of applicable water quality standards, including impairment of designated beneficial uses, for receiving waters as adopted in any applicable State Water Resources Control Board or Central Coast Regional Water Quality Control Board water quality control plan.
(e) On or before March 1, 2024, the Pajaro Regional Flood Management Agency shall consult with the Department of Fish and Wildlife on feasible avoidance, minimization, or mitigation of Pajaro River Project impacts to fish and wildlife.
(f) On or before March 1, 2024, the Pajaro Regional Flood Management Agency shall provide a description of all project components to the Central Coast Regional Water Quality Control Board and consult with the Central Coast Regional Water Quality Control Board on feasible avoidance, minimization, and mitigation of Pajaro River Project impacts to beneficial uses of waters of the state and water quality.
(g) If the project meets the criteria of subdivision (d) and conducts consultations as required by subdivisions (e) and (f), then paragraph (4) of subdivision (a) of Section 12582.7 of the Water Code and subdivision (b) of Section 5650 of the Fish and Game Code shall be deemed met and shall constitute conclusive evidence that the project meets all applicable laws and regulations of the state or any local or regional regulatory agency relating to avoidance, minimization, or mitigation of environmental impacts,
with the exception of Section 13160 of the Water Code and Sections 13370 to 13389, inclusive, of the Water Code and regulations adopted pursuant to those sections. The nonfederal and local sponsor or sponsors of the project shall provide technical reports and underlying data and information as reasonably required for purposes of paragraph (1) of subdivision (b) of Section 12582.7 of the Water Code.
(h) The project shall comply with all other applicable federal, state, and local laws.
(i) This section shall remain in effect only until December 31, 2035, or the date the Department of Water Resources or the United States Army Corps of Engineers files a public declaration that the Pajaro River Project
construction has been completed,
and notifies the Secretary of the State of its determination, whichever occurs first,
and as of that date is repealed.