California 2013-2014 Regular Session

California Senate Bill SB735 Latest Draft

Bill / Amended Version Filed 05/24/2013

 BILL NUMBER: SB 735AMENDED BILL TEXT AMENDED IN SENATE MAY 24, 2013 AMENDED IN SENATE APRIL 24, 2013 AMENDED IN SENATE APRIL 16, 2013 INTRODUCED BY Senator Wolk (Coauthor: Senator DeSaulnier) FEBRUARY 22, 2013 An act to add Section 85351 to the Water Code, relating to the Sacramento-San Joaquin Delta Reform Act of 2009. LEGISLATIVE COUNSEL'S DIGEST SB 735, as amended, Wolk. Sacramento-San Joaquin Delta Reform Act of 2009: multispecies conservation plans. 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. This bill  would require the council, the Department of Fish and Wildlife, the Counties of Contra Costa, Sacramento, and Solano, the Yolo County Habitat/Natural Community Conservation Plan Joint Powers Agency, and the San Joaquin Council of Governments   would, on or before February 3, 2014, authorize prescribed local entities  to enter into a memorandum of understanding  or other written agreement with the council and the Department of Fish and Wildlife  regarding multispecies conservation plans, as defined, that describes, among other things, how the parties would ensure that multispecies conservation plans that have been adopted or are under development are consistent with the Delta Plan.  By imposing this requirement on local public agencies, the bill would impose a state-mandated local program.   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   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 85351 is added to the Water Code, to read: 85351. (a)  The council, the Department of Fish and Wildlife, the Counties of Contra Costa, Sacramento, and Solano, the Yolo County Habitat/Natural Community Conservation Plan Joint Powers Agency, and the San Joaquin Council of Governments shall, by January 1, 2015, enter into   On or before February 3, 2014, the council, the Department of Fish and Wildlife, and the local entities described in subdivision (b) that choose to enter into an agreement shall establish    a mutually agreeable memorandum of understanding  ,  or other written agreement, as appropriate, that describes  how the parties would ensure  the following: (1)  How the parties would ensure that   That    adopted multispecies conservation plans are consistent with the Delta Plan, and the Delta Plan is consistent with those multispecies conservation plans. (2)  How the parties would ensure that   That  multispecies conservation plans under development are consistent with the adopted multispecies conservation plans, the Delta Plan, and each other. (3)  How to ensure that   That    all the current multispecies conservation plans, future multispecies conservation plans, and the Delta Plan are implemented in accord with each other.  (b) (1) The following local entities may choose, but are not required, to enter into a mutually agreeable memorandum of understanding or other written agreement as described in subdivision (a):   (A) The County of Contra Costa.   (B) The County of Sacramento.   (C) The County of Solano.   (D) The Yolo County Natural Communities Conservation Plan/Habitat Conservation Plan Joint Powers Agency.   (E) The San Joaquin Council of Governments.   (2) If no local entities pursuant to paragraph (1) chose to enter into a mutually agreeable memorandum of understanding or other written agreement, the council and the Department of Fish and Wildlife shall not be required to establish the agreement pursuant to this section.   (b)   (   c)  The council shall invite and encourage the United States Fish and Wildlife Service to participate in developing and signing the agreement pursuant to this section, to the extent authorized under federal law.  (c)  (   d)  For purposes of this section, "multispecies conservation plan" means a multispecies conservation plan adopted under Section 1539 of the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.), the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), or jointly under both acts.  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.