California Senate Bill SB1495 Amended / Bill

 BILL NUMBER: SB 1495AMENDED BILL TEXT AMENDED IN SENATE APRIL 16, 2012 INTRODUCED BY Senator Wolk (Coauthors: Assembly Members Bill Berryhill, Galgiani, and Huber) FEBRUARY 24, 2012 An act to amend Section 85057.5 of the Water Code, relating to the Sacramento-San Joaquin Delta. LEGISLATIVE COUNSEL'S DIGEST SB 1495, as amended, Wolk. Sacramento-San Joaquin Delta Reform Act of 2009. 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 by January 1, 2012.  The act requires a state or local public agency that proposes to undertake a covered action to prepare a written certification, as prescribed, as to whether the covered action is consistent with the Delta Plan.  The act defines "covered action" to mean a plan, program, or project that meets specified conditions. This bill would exclude from the definition of "covered action" specified leases approved by specified special districts, and  routine  dredging activities  and projects conducted by the federal government or specified special districts to improve interstate and international commerce through the navigable waters of the United States   necessary for maintenance of certain facilities operated by special districts . 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 85057.5 of the Water Code is amended to read: 85057.5. (a) "Covered action" means a plan, program, or project as defined pursuant to Section 21065 of the Public Resources Code that meets all of the following conditions: (1) Will occur, in whole or in part, within the boundaries of the Delta or Suisun Marsh. (2) Will be carried out, approved, or funded by the state or a local public agency. (3) Is covered by one or more provisions of the Delta Plan. (4) Will have a significant impact on achievement of one or both of the coequal goals or the implementation of government-sponsored flood control programs to reduce risks to people, property, and state interests in the Delta. (b) "Covered action" does not include any of the following: (1) A regulatory action of a state agency. (2) Routine maintenance and operation of the State Water Project or the federal Central Valley Project. (3) Regional transportation plans prepared pursuant to Section 65080 of the Government Code. (4) Any plan, program, project, or activity within the secondary zone of the Delta that the applicable metropolitan planning organization under Section 65080 of the Government Code has determined is consistent with either a sustainable communities strategy or an alternative planning strategy that the State Air Resources Board has determined would, if implemented, achieve the greenhouse gas emission reduction targets established by that board pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code. For purposes of this paragraph, "consistent with" means consistent with the use designation, density, building intensity, transportation plan, and applicable policies specified for the area in the sustainable communities strategy or the alternative planning strategy, as applicable, and any infrastructure necessary to support the plan, program, project, or activity. (5) Routine maintenance and operation of any facility located, in whole or in part, in the Delta, that is owned or operated by a local public agency. (6) Any plan, program, project, or activity that occurs, in whole or in part, in the Delta, if both of the following conditions are met: (A) The plan, program, project, or activity is undertaken by a local public agency that is located, in whole or in part, in the Delta. (B) Either a notice of determination is filed, pursuant to Section 21152 of the Public Resources Code, for the plan, program, project, or activity by, or the plan, program, project, or activity is fully permitted by, September 30, 2009. (7) (A) Any project within the secondary zone, as defined pursuant to Section 29731 of    the  Public Resources Code as of January 1, 2009, for which a notice of approval or determination pursuant to Section 21152 of the Public Resources Code has been filed before the date on which the Delta Plan becomes effective. (B) Any project for which a notice of approval or determination is filed on or after the date on which the final Bay Delta Conservation Plan becomes effective, and before the date on which the Delta Plan becomes effective, is not a covered action but shall be consistent with the Bay Delta Conservation Plan. (C) Subparagraphs (A) and (B) do not apply to either of the following: (i) Any project that is within a Restoration Opportunity Area as shown in Figure 3.1 of Chapter 3: Draft Conservation Strategy of the Bay Delta Conservation Plan, August 3, 2009, or as shown in a final Bay Delta Conservation Plan. (ii) Any project that is within the alignment of a conveyance facility as shown in Figures 1 to 5, inclusive, of the Final Draft Initial Assessment of Dual Delta Water Conveyance Report, April 23, 2008, and in future revisions of this document by the department. (8) Leases approved by a special district formed under the Harbors and Navigation Code if all of the following apply: (A) The uses proposed by the lease are authorized by the applicable general plan and zoning ordinances of the city where the special district is located.  (B) The uses proposed by the lease are approved by the city where the special district is located and the city complies with Chapter 3 (commencing with Section 85225) of Part 3, if applicable, prior to approval of the lease by the special district.   (B)   (C)  The special district complies with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) prior to approving the lease.  (9) Dredging activities and projects conducted by the federal government or a special district formed under the Harbors and Navigation Code to improve interstate and international commerce through the navigable waters of the United States.   (9) Routine dredging activities that are necessary for maintenance of facilities operated by special districts formed under the Harbors and Navigation Code.  (c) Nothing in the application of this section shall be interpreted to authorize the abrogation of any vested right whether created by statute or by common law.