Bill Text: CA SB12 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Resources: Sacramento-San Joaquin Delta Council.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-01-27 - Placed on inactive file on request of Assembly Member Ma. [SB12 Detail]

Download: California-2009-SB12-Amended.html

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BILL NUMBER: SB 12	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 2, 2009
	AMENDED IN SENATE  MAY 5, 2009
	AMENDED IN SENATE  FEBRUARY 26, 2009

INTRODUCED BY   Senator Simitian

                        DECEMBER 1, 2008

    An act to amend Section 29735 of, and to add Section
29740.1 to, the Public Resources Code, and   An act
 to add Division 26.8 (commencing with Section 79850) to the
Water Code, relating to the Sacramento-San Joaquin Delta.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 12, as amended, Simitian. Sacramento-San Joaquin River Delta,
Clean Drinking Water, Water Supply Security, and Environmental
Improvement Act of 2009.
   (1) Existing law requires various state agencies to administer
programs relating to water supply, water quality, and flood
management in the Sacramento-San Joaquin Delta. The
Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992 creates
the Delta Protection Commission and requires the commission to
prepare and adopt a comprehensive long-term resource management plan
for specified lands within the Sacramento-San Joaquin Delta.
   This bill would enact the Sacramento-San Joaquin River Delta,
Clean Drinking Water, Water Supply Security, and Environmental
Improvement Act of 2009. The bill would establish the Delta Ecosystem
and Water Council  to advance the coequal goals of restoring the
Delta ecosystem and creating a more reliable water supply in
California  . The council would be required to prepare and adopt
a plan referred to as the California Delta Ecosystem and Water Plan
(plan) to  advance the coequal goals of restoring the Delta
ecosystem and creating a more reliable water supply in California.
The council would be required to establish a goal for the adoption of
the plan by December 1, 2010. If the plan is not completed by that
date, the council would be required to adopt an interim strategic
plan. The plan would be required to include specified components,
including species protection requirements, Delta water flow and water
quality requirements, and information relating to land use in the
Delta   carry out the requirements of the act  .
   The council would have the exclusive authority to determine the
consistency of any project proposed or approved by a state agency or
local government with the plan  , and would be required to
assume responsibility for any conservation or habitat management plan
developed for the Delta, ensure that federal and state actions are
consistent with the plan, receive and allocate funds to advance
policies and programs related to the Delta, establish policies and
procedures that ensure that the operations of water export systems
are consistent with the plan, and take other action on behalf of the
Delta  . By authorizing the council to impose requirements
on projects undertaken by local governments, the bill would impose a
state-mandated local program. 
    The council would be required to establish a goal for the
adoption of the plan by December 1, 2010. If the plan is not
completed by that date, the council would be required to adopt an
interim strategic plan. 
   The bill would authorize the council to impose a per-acre-foot fee
on water diversions within the Delta watershed and a fee on any
water conveyed through or around the Delta. The  moneys
generated by the imposition of the fee would be required to be
deposited in the Delta Ecosystem and Water Fund, which would be
established in the State Treasury. The moneys in the fund, upon
appropriation by the Legislature to the council, would be required to
be expended by the council for the exclusive purpose of carrying out
the bill's provisions   bill would provide that
revenues generated from those fees, or from similar fee revenues
collected by another state agency, shall be available, upon
appropriation, to fund activities authorized by the act  .

   The bill would establish the California Delta Conservancy to
implement the ecosystem restoration elements of the plan. The bill
would establish the Delta Science and Engineering Board to carry out
a Delta science and engineering program under the direction of the
council.  
   The bill would revise the membership of the Delta Protection
Commission to include one of the members of the Central Valley Flood
Protection Board, or that member's sole designee. The bill would
require the commission to extend invitations to specified federal
agencies to participate in the activities of the commission in a
nonvoting capacity. The bill would require the commission to revise
its resource management plan to be consistent with the plan required
to be adopted by the council. The bill would require each Delta
county, as defined, and each city within a Delta county, to submit to
the commission for review proposed amendments to make its general
plan consistent with the commission's revised resource management
plan. By imposing requirements on those counties and cities with
regard to the preparation of their general plans, the bill would
impose a state-mandated local program. The bill would establish a
permit process for projects, as defined, requiring the commission to
review and determine whether any project proposed to be carried out
or approved by a local government within the primary zone is
consistent with both the commission's revised resource management
plan and the plan, and requiring the commission, until a Delta county
or a city within a Delta county in which a project is located has
adopted general plan amendments to make the general plan consistent
with the commission's revised resource management plan, to review and
determine whether any project proposed to be carried out or approved
by a local government within the secondary zone is consistent with
both the commission's revised resource management plan and the plan.
The bill would make any person who undertakes a development project
within the commission's jurisdiction without securing a permit from
the commission guilty of a misdemeanor, thereby imposing a
state-mandated local program by creating a new crime. The council
would be authorized to review the general plans of those counties and
cities, and to review development projects in the primary and
secondary zones for consistency with the plan adopted by the council.
 
   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
 
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 

   (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Division 26.8 (commencing with Section
79850) is added to the   Water Code   , to read:
 

      DIVISION 26.8.  SACRAMENTO-SAN JOAQUIN RIVER DELTA, CLEAN
DRINKING WATER, WATER SUPPLY SECURITY, AND ENVIRONMENTAL IMPROVEMENT
ACT OF 2009


      CHAPTER 1.  GENERAL PROVISIONS


   79850.  This division shall be known and may be cited as the
Sacramento-San Joaquin River Delta, Clean Drinking Water, Water
Supply Security, and Environmental Improvement Act of 2009.
      CHAPTER 2.  DELTA ECOSYSTEM RESTORATION AND WATER SUPPLY
RELIABILITY


   79855.  The Legislature finds and declares all of the following:
   (a) The coequal goals of restoring the Delta ecosystem and
creating a more reliable water supply in California are the
foundation of water and ecosystem policymaking.
   (b) All state agencies with significant responsibilities relating
to the Delta should implement their statutory duties in a manner that
advances these coequal goals.
   (c) All water project operational agreements, contracts for water
use, water right permits, and financial agreements that impact the
Delta should reflect and promote these coequal goals.
      CHAPTER 3.  DELTA ECOSYSTEM AND WATER COUNCIL


   79860.  (a) The Delta Ecosystem and Water Council is hereby
established to advance the coequal goals of restoring the Delta
ecosystem and creating a more reliable water supply in California.
   (b) The board of directors of the council shall consist of seven
members, appointed as follows:
   ____.
      CHAPTER 4.  MISSION, DUTIES, AND RESPONSIBILITIES OF THE DELTA
ECOSYSTEM AND WATER COUNCIL


   79870.  (a) The council shall prepare and adopt a plan referred to
as the California Delta Ecosystem and Water Plan that incorporates
the plans of other agencies, as appropriate, to carry out the
requirements of this division.
   (b) The council shall have exclusive authority to determine the
consistency of any project proposed or approved by a state agency or
local government with the plan adopted pursuant to this division.
   79871.  (a) The council shall prepare on or before August 1, 2010,
a schedule for preparing and adopting the plan.
   (b) The council shall establish a goal for the adoption of the
plan by December 1, 2010.
   (c) If the plan is not adopted by December 1, 2010, the council
shall adopt an interim strategic plan.
      CHAPTER 5.  DELTA ECOSYSTEM AND WATER PLAN


   79880.  (a) The plan shall be prepared in order to achieve the
coequal goals of the Delta Vision. The plan shall build upon other
plans, modifying and extending those plans as needed to meet the
requirements of this division. Those other plans include, but are not
limited to, the ecosystem restoration program being developed by the
Department of Fish and Game, the land use and resource management
plan developed by the Delta Protection Commission, any local habitat
conservation plan within the Delta, the Suisun Marsh plan under
development, the provisions of the California Water Plan that address
reliable water supply being developed by the department, and the
conservation program resulting from the Bay Delta Conservation Plan.
   (b) Those persons responsible for implementing the plans described
in subdivision (a) shall do so in a manner that is consistent with
the plan adopted pursuant to this division.
      CHAPTER 6.  FUNDING


   79885.  The council may impose a per-acre-foot fee on water
diversions within the Delta watershed, and a fee on any water
conveyed through or around the Delta. The revenues generated from
fees imposed pursuant to this section, or from similar fee revenues
collected by another state agency, shall be available, upon
appropriation, to fund the activities authorized in this division.
      CHAPTER 7.  THE DELTA SCIENCE AND ENGINEERING BOARD AND THE
DELTA SCIENCE AND ENGINEERING PROGRAM


   79900.  The Legislature finds and declares all of the following:
   (a) California should maintain a strong and consistent investment
in science and engineering important to the Delta. There needs to be
a more direct link between scientific investigation and real-world
management and policy.
   (b) To achieve this, the council requires both a permanent science
and engineering program staff and an independent science and
engineering board that reviews actions undertaken by the council.
   (c) The science and engineering program and the independent
science and engineering board should receive stable, adequate
funding.
   (d) The science and engineering program should be a replacement
for, and a successor to, the successful CALFED Independent Science
Program, and a newly constituted independent science and engineering
board should replace the CALFED Independent Science Board. 
   SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.  All matter
omitted in this version of the bill appears in the bill as amended in
the Senate May 5, 2009. (JR11)