California 2009 2009-2010 Regular Session

California Assembly Bill AB1780 Introduced / Bill

Filed 02/09/2010

 BILL NUMBER: AB 1780INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Yamada FEBRUARY 9, 2010 An act to amend Section 85225.25 of the Water Code, relating to the Delta Stewardship Council. LEGISLATIVE COUNSEL'S DIGEST AB 1780, as introduced, Yamada. Delta Stewardship Council: certifications of consistency. Existing law requires the state or a local public agency that proposes to undertake certain actions within the boundaries of the Sacramento-San Joaquin Delta or the Suisun Marsh to prepare, and submit to the Delta Stewardship Council, a specified written certification of consistency with a prescribed Delta Plan prior to taking those actions. This bill would make a technical, nonsubstantive change to this requirement. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 85225.25 of the Water Code is amended to read: 85225.25. After a hearing on an appealed action, the council shall make specific written findings either denying the appeal or remanding the matter to the state or local public agency for reconsideration of the covered action based on the finding that the certification of consistency is not supported by substantial evidence in the record before the state or local public agency that filed the certification. Upon remand, the state or local agency may determine whether to proceed with the covered action. If the agency decides to proceed with the action or with the action as modified to respond to the findings of the council, the agency  shall  , prior to proceeding with the action,  shall  file a revised certification of consistency that addresses each of the findings made by the council and file that revised certification with the council.