AB 1811: Local flood protection: planning: climate change.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-08-26
Existing law authorizes a local agency to prepare a local plan of flood protection and prescribes that a plan include, among other components, a strategy to meet the urban level of flood protection, including planning for residual flood risk and system resiliency.
This bill would require this strategy, if a plan is prepared by a local agency, to also include planning for climate change and rainwater and stormwater management. The bill would require the plan to additionally include an update on the status of coordination with water suppliers on how the management of flood waters can bolster local water supplies.
Existing law authorizes a local agency to prepare a local plan of flood protection and prescribes that a plan include, among other components, a strategy to meet the urban level of flood protection, including planning for residual flood risk and system resiliency.
This bill would require this strategy, if a plan is prepared by a local agency, to also include planning for climate change and rainwater and stormwater management. The bill would require the plan to additionally include an update on the status of coordination with water suppliers on how the management of flood waters can bolster local water supplies.
Existing law authorizes a local agency to prepare a local plan of flood protection and prescribes that a plan include, among other components, a strategy to meet the urban level of flood protection, including planning for residual flood risk and system resiliency.
This bill would require this strategy, if a plan is prepared by a local agency, to also include planning for climate change and rainwater and stormwater management. The bill would require the plan to additionally include an update on the status of coordination with water suppliers on how the management of flood waters can bolster local water supplies.
Existing law, 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, known as the Delta Plan, by January 1, 2012. Existing law requires the council to consider for inclusion in the Delta Plan the Bay Delta Conservation Plan (BDCP), a multispecies conservation plan, and requires the BDCP to meet certain requirements in order to be incorporated into the Delta Plan.This bill would replace references to Bay Delta Conservation Plan with multispecies conservation plan in various provisions and make conforming changes.Existing law, 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, known as the Delta Plan, by January 1, 2012. Existing law requires the council to consider for inclusion in the Delta Plan the Bay Delta Conservation Plan (BDCP), a multispecies conservation plan, and requires the BDCP to meet certain requirements in order to be incorporated into the Delta Plan.
This bill would replace references to Bay Delta Conservation Plan with multispecies conservation plan in various provisions and make conforming changes.
Existing law, 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, known as the Delta Plan, by January 1, 2012. Existing law requires the council to consider for inclusion in the Delta Plan the Bay Delta Conservation Plan (BDCP), a multispecies conservation plan, and requires the BDCP to meet certain requirements in order to be incorporated into the Delta Plan.
This bill would replace references to the Bay Delta Conservation Plan with a multispecies conservation plan in various provisions and make conforming changes.
Existing law, 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, known as the Delta Plan, by January 1, 2012. Existing law requires the council to consider for inclusion in the Delta Plan the Bay Delta Conservation Plan (BDCP), a multispecies conservation plan, and requires the BDCP to meet certain requirements in order to be incorporated into the Delta Plan.
This bill would replace references to the Bay Delta Conservation Plan with a multispecies conservation plan in various provisions and make conforming changes.
(1)Existing law authorizes surface water to be leased for a period not to exceed 5 years to assist water conservation efforts pursuant to specified terms and conditions. Existing law requires the State Water Resources Control Board, during the term of a water lease, to monitor the lease, as appropriate.This bill would instead authorize surface water to be leased for a period not to exceed 7 years.(2)Existing law requires that the amount of water leased pursuant to a lease agreement to not exceed 25% of the water that would have been applied or stored by the lessor in the absence of the lease agreement in any given hydrological year.This bill would increase the amount of water allowed to be leased pursuant to the above-described provisions to 35%.(1)Existing law authorizes surface water to be leased for a period not to exceed 5 years to assist water conservation efforts pursuant to specified terms and conditions. Existing law requires the State Water Resources Control Board, during the term of a water lease, to monitor the lease, as appropriate.
This bill would instead authorize surface water to be leased for a period not to exceed 7 years.
(2)Existing law requires that the amount of water leased pursuant to a lease agreement to not exceed 25% of the water that would have been applied or stored by the lessor in the absence of the lease agreement in any given hydrological year.
This bill would increase the amount of water allowed to be leased pursuant to the above-described provisions to 35%.
Existing law authorizes the State Water Resources Control Board, after notice and hearing, to make certain findings and adopt a declaration that a stream system, as defined, is fully appropriated.This bill would make nonsubstantive changes to that provision.Existing law authorizes the State Water Resources Control Board, after notice and hearing, to make certain findings and adopt a declaration that a stream system, as defined, is fully appropriated.
This bill would make nonsubstantive changes to that provision.
(a)A local agency may prepare a local plan of flood protection in accordance with this chapter.
(b)A local plan of flood protection shall include all of the following:
(1)A strategy to meet the urban level of flood protection, including planning for residual flood risk, system resiliency, climate change, and rainwater and stormwater management.
(2)Identification of all types of flood hazards.
(3)Identification and risk assessment of the various facilities that provide flood protection for flood hazard areas, for current and future land uses.
(4)Identification of current and future flood corridors.
(5)Identification of needed improvements and costs of those improvements to the flood protection facilities that are necessary to meet flood protection standards.
(6)An emergency response and evacuation plan for flood-prone areas.
(7)A strategy to achieve multiple benefits, including flood protection, groundwater recharge, ecosystem health, and reduced maintenance costs over the long term.
(8)A long-term funding strategy for improvement and ongoing maintenance and operation of flood protection facilities.
(9)An update on the status of coordination with water suppliers on how the management of flood waters can bolster local water supplies.
(c)A local agency that is not a city or county that prepares a plan pursuant to this chapter shall consult with the cities and counties that have jurisdiction over the planning area to ensure that the local plan of flood protection is consistent with local general plans.
(d)Plans prepared pursuant to this chapter, within the Sacramento-San Joaquin Valley as defined by Section 9602, shall be consistent with the Central Valley Flood Protection Plan pursuant to Section 9612.
(a)A local agency may prepare a local plan of flood protection in accordance with this chapter.
(b)A local plan of flood protection shall include all of the following:
(1)A strategy to meet the urban level of flood protection, including planning for residual flood risk, system resiliency, climate change, and rainwater and stormwater management.
(2)Identification of all types of flood hazards.
(3)Identification and risk assessment of the various facilities that provide flood protection for flood hazard areas, for current and future land uses.
(4)Identification of current and future flood corridors.
(5)Identification of needed improvements and costs of those improvements to the flood protection facilities that are necessary to meet flood protection standards.
(6)An emergency response and evacuation plan for flood-prone areas.
(7)A strategy to achieve multiple benefits, including flood protection, groundwater recharge, ecosystem health, and reduced maintenance costs over the long term.
(8)A long-term funding strategy for improvement and ongoing maintenance and operation of flood protection facilities.
(9)An update on the status of coordination with water suppliers on how the management of flood waters can bolster local water supplies.
(c)A local agency that is not a city or county that prepares a plan pursuant to this chapter shall consult with the cities and counties that have jurisdiction over the planning area to ensure that the local plan of flood protection is consistent with local general plans.
(d)Plans prepared pursuant to this chapter, within the Sacramento-San Joaquin Valley as defined by Section 9602, shall be consistent with the Central Valley Flood Protection Plan pursuant to Section 9612.
(a)A local agency may prepare a local plan of flood protection in accordance with this chapter.
(b)A local plan of flood protection shall include all of the following:
(1)A strategy to meet the urban level of flood protection, including planning for residual flood risk and system resiliency. risk, system resiliency, climate change, and rainwater and stormwater management.
(2)Identification of all types of flood hazards.
(3)Identification and risk assessment of the various facilities that provide flood protection for flood hazard areas, for current and future land uses.
(4)Identification of current and future flood corridors.
(5)Identification of needed improvements and costs of those improvements to the flood protection facilities that are necessary to meet flood protection standards.
(6)An emergency response and evacuation plan for flood-prone areas.
(7)A strategy to achieve multiple benefits, including flood protection, groundwater recharge, ecosystem health, and reduced maintenance costs over the long term.
(8)A long-term funding strategy for improvement and ongoing maintenance and operation of flood protection facilities.
(9)An update on the status of coordination with water suppliers on how the management of flood waters can bolster local water supplies.
(c)A local agency that is not a city or county that prepares a plan pursuant to this chapter shall consult with the cities and counties that have jurisdiction over the planning area to ensure that the local plan of flood protection is consistent with local general plans.
(d)Plans prepared pursuant to this chapter, within the Sacramento-San Joaquin Valley as defined by Section 9602, shall be consistent with the Central Valley Flood Protection Plan pursuant to Section 9612.
All matter omitted in this version of the bill appears in the bill as amended in the Senate, June 2, 2022. (JR11)It is the intent of the Legislature by enacting this act that changing the terms Bay-Delta Conservation Plan and BDCP to multispecies conservation plan shall not alter any past or existing requirement of, or establish any new requirement for, a Bay-Delta Conservation Plan or BDCP. Plan, BDCP, or multispecies conservation plan.
SEC. 2.Section 32360 of the Public Resources Code is amended to read:32360.(a)Except as specified in Section 32360.5, the jurisdiction and activities of the conservancy are limited to the Delta and Suisun Marsh.
(b)(1)The Sacramento-San Joaquin Delta Conservancy Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, only for the purposes of this division.
(2)Funds provided for ecosystem restoration and enhancement shall be available for ecosystem restoration projects consistent with the conservancys strategic plan adopted pursuant to Section 32376.
(3)Funds may be allocated to a separate program within the conservancy for economic sustainability in the Delta. The economic sustainability plan adopted pursuant to Section 29759 shall be the basis for the program. Funds provided to the conservancy to implement ecosystem restoration projects pursuant to a multispecies conservation plan shall only be used for ecosystem restoration purposes.
SEC. 3.Section 147 of the Water Code is amended to read:147.(a)On or before January 10, 2010, and annually thereafter, the department shall prepare and submit to the chairpersons of the fiscal committees of the Legislature a report with regard to the budget for the State Water Resources Development System.
(b)The department shall include in the report all of the following information:
(1)A description of the expenditures made, or projected to be made, as applicable, on behalf of the State Water Resources Development System, by program and fund, and of the total revenues expended, or projected to be expended, as applicable, for that system, including each fund source.
(2)A description of the positions within the department that carry out functions related to the State Water Resources Development System, and the total number of those positions.
(3)A description of any funds, other than funds generated by the State Water Resources Development System, that are expended, or projected to be expended, as applicable, for the State Water Resources Development System, including those funds used for cost-sharing purposes.
(4)An itemization of all contracts related to the multispecies conservation plan financed, or projected to be financed, as applicable, in full or in part with funds generated by the State Water Resources Development System, including the dollar amount of those contracts and a brief description of the purposes of those contracts.
(c)The department shall include in each report information relating to three fiscal years that include the two completed fiscal years that immediately precede the year in which the report is due, along with applicable information for the fiscal year in which the report is due. The department shall prepare the first report required under subdivision (a) for the 200708, 200809, and 200910 fiscal years.
SEC. 4.Section 85053 of the Water Code is repealed.SEC. 5.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)A plan, program, project, or activity within the secondary zone of the Delta that the applicable metropolitan planning organization pursuant to 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 a facility located, in whole or in part, in the Delta, that is owned or operated by a local public agency.
(6)A 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)A 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)A project for which a notice of approval or determination is filed on or after the date on which the final multispecies 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 multispecies conservation plan.
(C)Subparagraphs (A) and (B) do not apply to either of the following:
(i)A 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 multispecies conservation plan.
(ii)A 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 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.
(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)(A)Routine dredging activities that are necessary for maintenance of facilities operated by a special district.
(B)For purposes of this paragraph, routine dredging activities are limited to the following:
(i)Dredging to maintain the Stockton Deep Water Ship Channel at a depth of 40 feet in the sediment trap at the confluence of the San Joaquin River, between river mile 39.3 to river mile 40.2, and to maintain the remaining Stockton Deep Water Ship Channel at a depth of 35 feet plus two feet of overdredge from river mile 35 to river mile 43.
(ii)Dredging designed to maintain the Sacramento Deep Water Ship Channel at a depth of 30 feet plus two feet of overdredge from river mile 0.0 to river mile 30, and at a depth of 35 feet from river mile 35 to river mile 43.
(C)Except as provided by this subdivision, it is the intent of the Legislature that this exemption shall not be interpreted or treated as changing or modifying current substantive and procedural regulations applicable to the decision to approve dredging operations.
(c)For purposes of this section, special district means the Port of Stockton or the Port of West Sacramento.
(d)This section shall not be interpreted to authorize the abrogation of a vested right whether created by statute or by common law.
SEC. 6.Section 85086 of the Water Code is amended to read:85086.(a)The board shall establish an effective system of Delta watershed diversion data collection and public reporting by December 31, 2010.
(b)It is the intent of the Legislature to establish an accelerated process to determine instream flow needs of the Delta for the purposes of facilitating the planning decisions that are required to achieve the objectives of the Delta Plan.
(c)(1)For the purpose of informing planning decisions for the Delta Plan and a multispecies conservation plan, the board shall, pursuant to its public trust obligations, develop new flow criteria for the Delta ecosystem necessary to protect public trust resources. In carrying out this section, the board shall review existing water quality objectives and use the best available scientific information. The flow criteria for the Delta ecosystem shall include the volume, quality, and timing of water necessary for the Delta ecosystem under different conditions. The flow criteria shall be developed in a public process by the board within nine months of the enactment of this division. The public process shall be in the form of an informational proceeding conducted pursuant to Article 3 (commencing with Section 649) of Chapter 1.5 of Division 3 of Title 23 of the California Code of Regulations, and shall provide an opportunity for all interested persons to participate. The flow criteria shall not be considered predecisional with regard to any subsequent board consideration of a permit, including any permit in connection with a final multispecies conservation plan.
(2)Any order approving a change in the point of diversion of the State Water Project or the federal Central Valley Project from the southern Delta to a point on the Sacramento River shall include appropriate Delta flow criteria and shall be informed by the analysis conducted pursuant to this section. The flow criteria shall be subject to modification over time based on a science-based adaptive management program that integrates scientific and monitoring results, including the contribution of habitat and other conservation measures, into ongoing Delta water management.
(3)Nothing in this section amends or otherwise affects the application of the boards authority under Part 2 (commencing with Section 1200) of Division 2 to include terms and conditions in permits that in its judgment will best develop, conserve, and utilize in the public interest the water sought to be appropriated.
(d)The board shall enter into an agreement with the State Water Project contractors and the federal Central Valley Project contractors, who rely on water exported from the Sacramento River watershed, or a joint powers authority comprised of those contractors, for reimbursement of the costs of the analysis conducted pursuant to this section.
(e)The board shall submit its flow criteria determinations pursuant to this section to the council for its information within 30 days of completing the determinations.
SEC. 7.Section 85213 of the Water Code is amended to read:85213.(a)The council may contract for consultant services and architectural and engineering services to assist the council with all of the following functions:
(1)Preparation of the Delta Plan and associated environmental review.
(2)Performance of the councils responsibilities, or the responsibilities of the Delta Independent Science Board, with respect to a multispecies conservation plan.
(3)Determination of the consistency of state and local public agency actions with the Delta Plan.
(4)Performance of scientific review to inform water and environmental decisionmaking in the Delta.
(b)The council shall contract for the services of the members of the Delta Independent Science Board established pursuant to Section 85280, at an hourly rate of one hundred fifty dollars ($150). The council shall increase the hourly rate annually based on inflation and cost of living cost-of-living adjustments.
(c)(1)Contracts entered into pursuant to this section for consultant services shall be exempt from Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and any rules or regulations adopted pursuant to those laws. Contracts entered into pursuant to subdivision (a) for architectural and engineering services shall be entered into pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, but are exempt from the requirement in Section 4526 of the Government Code to adopt regulations prior to contracting.
(2)The council shall not enter into a contract pursuant to subdivision (a) for consultant services unless at least three bids or proposals to do the work have been evaluated by a competitive process.
(3)The council shall establish procedures for contracting for services pursuant to this section, consistent with paragraphs (1) and (2). The procedures shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 8.Section 85214 of the Water Code is amended to read:85214.(a)It is the intent of the Legislature to avoid any actual or apparent conflict of interest with respect to contracts entered into by the council for work relating to the Delta Plan and a multispecies conservation plan.
(b)Therefore, it is the intent of the Legislature that any contract entered into by the council for purposes of developing the Delta Plan should include provisions ensuring the independence of the contractors work on the Delta Plan with respect to any work that the contractor may do, or may have completed, related to a multispecies conservation plan.
SEC. 9.The heading of Chapter 2 (commencing with Section 85320) of Part 4 of Division 35 of the Water Code is amended to read:2.Multispecies Conservation PlanSEC. 10.Section 85320 of the Water Code is amended to read:85320.(a) A multispecies conservation plan shall be considered for inclusion in the Delta Plan in accordance with this chapter.
(b) A multispecies conservation plan shall not be incorporated into the Delta Plan and the public benefits associated with a multispecies conservation plan shall not be eligible for state funding, unless the multispecies conservation plan does all of the following:
(1)Complies with Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.
(2)Complies with Division 13 (commencing with Section 21000) of the Public Resources Code, including a comprehensive review and analysis of all of the following:
(A)A reasonable range of flow criteria, rates of diversion, and other operational criteria required to satisfy the criteria for approval of a natural community conservation plan as provided in subdivision (a) of Section 2820 of the Fish and Game Code, and other operational requirements and flows necessary for recovering the Delta ecosystem and restoring fisheries under a reasonable range of hydrologic conditions, which will identify the remaining water available for export and other beneficial uses.
(B)A reasonable range of Delta conveyance alternatives, including through-Delta, dual conveyance, and isolated conveyance alternatives and including further capacity and design options of a lined canal, an unlined canal, and pipelines.
(C)The potential effects of climate change, possible sea level rise up to 55 inches, and possible changes in total precipitation and runoff patterns on the conveyance alternatives and habitat restoration activities considered in the environmental impact report.
(D)The potential effects on migratory fish and aquatic resources.
(E)The potential effects on Sacramento River and San Joaquin River flood management.
(F)The resilience and recovery of Delta conveyance alternatives in the event of catastrophic loss caused by earthquake or flood or other natural disaster.
(G)The potential effects of each Delta conveyance alternative on Delta water quality.
(c)The department shall consult with the council and the Delta Independent Science Board during the development of a multispecies conservation plan. The council shall be a responsible agency in the development of the environmental impact report. The Delta Independent Science Board shall review the draft environmental impact report and submit its comments to the council and the Department of Fish and Wildlife.
(d)If the Department of Fish and Wildlife approves a multispecies conservation plan as a natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, the council shall have at least one public hearing concerning the incorporation of a multispecies conservation plan into the Delta Plan.
(e)If the Department of Fish and Wildlife approves a multispecies conservation plan as a natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code and determines that a multispecies conservation plan meets the requirements of this section, and a multispecies conservation plan has been approved as a habitat conservation plan pursuant to the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.), the council shall incorporate the plan into the Delta Plan. The Department of Fish and Wildlifes determination that a multispecies conservation plan has met the requirements of this section may be appealed to the council.
(f)The department, in coordination with the Department of Fish and Wildlife, or any successor agencies charged with multispecies conservation plan implementation, shall report to the council on the implementation of a multispecies conservation plan at least once a year, including the status of monitoring programs and adaptive management.
(g)The council may make recommendations to the multispecies conservation plan implementing agencies regarding the implementation of the plan. Those implementing agencies shall consult with the council on these recommendations. These recommendations shall not change the terms and conditions of the permits issued by state and federal regulatory agencies.
SEC. 11.Section 85321 of the Water Code is amended to read:85321.A multispecies conservation plan shall include a transparent, real-time operational decisionmaking process in which fishery agencies ensure that applicable biological performance measures are achieved in a timely manner with respect to water system operations.
It is the intent of the Legislature by enacting this act that changing the terms Bay-Delta Conservation Plan and BDCP to multispecies conservation plan shall not alter any existing requirement of, or establish any new requirement for, a Bay-Delta Conservation Plan or BDCP.
SECTION 1.SEC. 2.Section 32360 of the Public Resources Code is amended to read:32360.(a)Except as specified in Section 32360.5, the jurisdiction and activities of the conservancy are limited to the Delta and Suisun Marsh.
(b)(1)The Sacramento-San Joaquin Delta Conservancy Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, only for the purposes of this division.
(2)Funds provided for ecosystem restoration and enhancement shall be available for ecosystem restoration projects consistent with the conservancys strategic plan adopted pursuant to Section 32376.
(3)Funds may be allocated to a separate program within the conservancy for economic sustainability in the Delta. The economic sustainability plan adopted pursuant to Section 29759 shall be the basis for the program. Funds provided to the conservancy to implement ecosystem restoration projects pursuant to a multispecies conservation plan shall only be used for ecosystem restoration purposes.
SEC. 2.SEC. 3.Section 147 of the Water Code is amended to read:147.(a)On or before January 10, 2010, and annually thereafter, the department shall prepare and submit to the chairpersons of the fiscal committees of the Legislature a report with regard to the budget for the State Water Resources Development System.
(b)The department shall include in the report all of the following information:
(1)A description of the expenditures made, or projected to be made, as applicable, on behalf of the State Water Resources Development System, by program and fund, and of the total revenues expended, or projected to be expended, as applicable, for that system, including each fund source.
(2)A description of the positions within the department that carry out functions related to the State Water Resources Development System, and the total number of those positions.
(3)A description of any funds, other than funds generated by the State Water Resources Development System, that are expended, or projected to be expended, as applicable, for the State Water Resources Development System, including those funds used for cost-sharing purposes.
(4)An itemization of all contracts related to the multispecies conservation plan financed, or projected to be financed, as applicable, in full or in part with funds generated by the State Water Resources Development System, including the dollar amount of those contracts and a brief description of the purposes of those contracts.
(c)The department shall include in each report information relating to three fiscal years that include the two completed fiscal years that immediately precede the year in which the report is due, along with applicable information for the fiscal year in which the report is due. The department shall prepare the first report required under subdivision (a) for the 200708, 200809, and 200910 fiscal years.
SEC. 3.SEC. 4.Section 85053 of the Water Code is repealed.SEC. 4.SEC. 5.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)A plan, program, project, or activity within the secondary zone of the Delta that the applicable metropolitan planning organization pursuant to 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 a facility located, in whole or in part, in the Delta, that is owned or operated by a local public agency.
(6)A 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)A 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)A project for which a notice of approval or determination is filed on or after the date on which the final multispecies 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 multispecies conservation plan.
(C)Subparagraphs (A) and (B) do not apply to either of the following:
(i)A 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 multispecies conservation plan.
(ii)A 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 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.
(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)(A)Routine dredging activities that are necessary for maintenance of facilities operated by a special district.
(B)For purposes of this paragraph, routine dredging activities are limited to the following:
(i)Dredging to maintain the Stockton Deep Water Ship Channel at a depth of 40 feet in the sediment trap at the confluence of the San Joaquin River, between river mile 39.3 to river mile 40.2, and to maintain the remaining Stockton Deep Water Ship Channel at a depth of 35 feet plus two feet of overdredge from river mile 35 to river mile 43.
(ii)Dredging designed to maintain the Sacramento Deep Water Ship Channel at a depth of 30 feet plus two feet of overdredge from river mile 0.0 to river mile 30, and at a depth of 35 feet from river mile 35 to river mile 43.
(C)Except as provided by this subdivision, it is the intent of the Legislature that this exemption shall not be interpreted or treated as changing or modifying current substantive and procedural regulations applicable to the decision to approve dredging operations.
(c)For purposes of this section, special district means the Port of Stockton or the Port of West Sacramento.
(d)This section shall not be interpreted to authorize the abrogation of a vested right whether created by statute or by common law.
SEC. 5.SEC. 6.Section 85086 of the Water Code is amended to read:85086.(a)The board shall establish an effective system of Delta watershed diversion data collection and public reporting by December 31, 2010.
(b)It is the intent of the Legislature to establish an accelerated process to determine instream flow needs of the Delta for the purposes of facilitating the planning decisions that are required to achieve the objectives of the Delta Plan.
(c)(1)For the purpose of informing planning decisions for the Delta Plan and a multispecies conservation plan, the board shall, pursuant to its public trust obligations, develop new flow criteria for the Delta ecosystem necessary to protect public trust resources. In carrying out this section, the board shall review existing water quality objectives and use the best available scientific information. The flow criteria for the Delta ecosystem shall include the volume, quality, and timing of water necessary for the Delta ecosystem under different conditions. The flow criteria shall be developed in a public process by the board within nine months of the enactment of this division. The public process shall be in the form of an informational proceeding conducted pursuant to Article 3 (commencing with Section 649) of Chapter 1.5 of Division 3 of Title 23 of the California Code of Regulations, and shall provide an opportunity for all interested persons to participate. The flow criteria shall not be considered predecisional with regard to any subsequent board consideration of a permit, including any permit in connection with a final multispecies conservation plan.
(2)Any order approving a change in the point of diversion of the State Water Project or the federal Central Valley Project from the southern Delta to a point on the Sacramento River shall include appropriate Delta flow criteria and shall be informed by the analysis conducted pursuant to this section. The flow criteria shall be subject to modification over time based on a science-based adaptive management program that integrates scientific and monitoring results, including the contribution of habitat and other conservation measures, into ongoing Delta water management.
(3)Nothing in this section amends or otherwise affects the application of the boards authority under Part 2 (commencing with Section 1200) of Division 2 to include terms and conditions in permits that in its judgment will best develop, conserve, and utilize in the public interest the water sought to be appropriated.
(d)The board shall enter into an agreement with the State Water Project contractors and the federal Central Valley Project contractors, who rely on water exported from the Sacramento River watershed, or a joint powers authority comprised of those contractors, for reimbursement of the costs of the analysis conducted pursuant to this section.
(e)The board shall submit its flow criteria determinations pursuant to this section to the council for its information within 30 days of completing the determinations.
SEC. 6.SEC. 7.Section 85213 of the Water Code is amended to read:85213.(a)The council may contract for consultant services and architectural and engineering services to assist the council with all of the following functions:
(1)Preparation of the Delta Plan and associated environmental review.
(2)Performance of the councils responsibilities, or the responsibilities of the Delta Independent Science Board, with respect to a multispecies conservation plan.
(3)Determination of the consistency of state and local public agency actions with the Delta Plan.
(4)Performance of scientific review to inform water and environmental decisionmaking in the Delta.
(b)The council shall contract for the services of the members of the Delta Independent Science Board established pursuant to Section 85280, at an hourly rate of one hundred fifty dollars ($150). The council shall increase the hourly rate annually based on inflation and cost of living adjustments.
(c)(1)Contracts entered into pursuant to this section for consultant services shall be exempt from Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and any rules or regulations adopted pursuant to those laws. Contracts entered into pursuant to subdivision (a) for architectural and engineering services shall be entered into pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, but are exempt from the requirement in Section 4526 of the Government Code to adopt regulations prior to contracting.
(2)The council shall not enter into a contract pursuant to subdivision (a) for consultant services unless at least three bids or proposals to do the work have been evaluated by a competitive process.
(3)The council shall establish procedures for contracting for services pursuant to this section, consistent with paragraphs (1) and (2). The procedures shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 7.SEC. 8.Section 85214 of the Water Code is amended to read:85214.(a)It is the intent of the Legislature to avoid any actual or apparent conflict of interest with respect to contracts entered into by the council for work relating to the Delta Plan and a multispecies conservation plan.
(b)Therefore, it is the intent of the Legislature that any contract entered into by the council for purposes of developing the Delta Plan should include provisions ensuring the independence of the contractors work on the Delta Plan with respect to any work that the contractor may do, or may have completed, related to a multispecies conservation plan.
SEC. 8.SEC. 9.The heading of Chapter 2 (commencing with Section 85320) of Part 4 of Division 35 of the Water Code is amended to read:2.Multispecies Conservation PlanSEC. 9.SEC. 10.Section 85320 of the Water Code is amended to read:85320.(a) A multispecies conservation plan shall be considered for inclusion in the Delta Plan in accordance with this chapter.
(b) A multispecies conservation plan shall not be incorporated into the Delta Plan and the public benefits associated with a multispecies conservation plan shall not be eligible for state funding, unless the multispecies conservation plan does all of the following:
(1)Complies with Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.
(2)Complies with Division 13 (commencing with Section 21000) of the Public Resources Code, including a comprehensive review and analysis of all of the following:
(A)A reasonable range of flow criteria, rates of diversion, and other operational criteria required to satisfy the criteria for approval of a natural community conservation plan as provided in subdivision (a) of Section 2820 of the Fish and Game Code, and other operational requirements and flows necessary for recovering the Delta ecosystem and restoring fisheries under a reasonable range of hydrologic conditions, which will identify the remaining water available for export and other beneficial uses.
(B)A reasonable range of Delta conveyance alternatives, including through-Delta, dual conveyance, and isolated conveyance alternatives and including further capacity and design options of a lined canal, an unlined canal, and pipelines.
(C)The potential effects of climate change, possible sea level rise up to 55 inches, and possible changes in total precipitation and runoff patterns on the conveyance alternatives and habitat restoration activities considered in the environmental impact report.
(D)The potential effects on migratory fish and aquatic resources.
(E)The potential effects on Sacramento River and San Joaquin River flood management.
(F)The resilience and recovery of Delta conveyance alternatives in the event of catastrophic loss caused by earthquake or flood or other natural disaster.
(G)The potential effects of each Delta conveyance alternative on Delta water quality.
(c)The department shall consult with the council and the Delta Independent Science Board during the development of a multispecies conservation plan. The council shall be a responsible agency in the development of the environmental impact report. The Delta Independent Science Board shall review the draft environmental impact report and submit its comments to the council and the Department of Fish and Wildlife.
(d)If the Department of Fish and Wildlife approves a multispecies conservation plan as a natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, the council shall have at least one public hearing concerning the incorporation of a multispecies conservation plan into the Delta Plan.
(e)If the Department of Fish and Wildlife approves a multispecies conservation plan as a natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code and determines that a multispecies conservation plan meets the requirements of this section, and a multispecies conservation plan has been approved as a habitat conservation plan pursuant to the federal Endangered Species Act (16 U.S.C. Sec. 1531 et seq.), the council shall incorporate the plan into the Delta Plan. The Department of Fish and Wildlifes determination that a multispecies conservation plan has met the requirements of this section may be appealed to the council.
(f)The department, in coordination with the Department of Fish and Wildlife, or any successor agencies charged with multispecies conservation plan implementation, shall report to the council on the implementation of a multispecies conservation plan at least once a year, including the status of monitoring programs and adaptive management.
(g)The council may make recommendations to the multispecies conservation plan implementing agencies regarding the implementation of the plan. Those implementing agencies shall consult with the council on these recommendations. These recommendations shall not change the terms and conditions of the permits issued by state and federal regulatory agencies.
SEC. 10.SEC. 11.Section 85321 of the Water Code is amended to read:85321.A multispecies conservation plan shall include a transparent, real-time operational decisionmaking process in which fishery agencies ensure that applicable biological performance measures are achieved in a timely manner with respect to water system operations.
(a)Except as specified in Section 32360.5, the jurisdiction and activities of the conservancy are limited to the Delta and Suisun Marsh.
(b)(1)The Sacramento-San Joaquin Delta Conservancy Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, only for the purposes of this division.
(2)Funds provided for ecosystem restoration and enhancement shall be available for ecosystem restoration projects consistent with the conservancys strategic plan adopted pursuant to Section 32376.
(3)Funds may be allocated to a separate program within the conservancy for economic sustainability in the Delta. The economic sustainability plan adopted pursuant to Section 29759 shall be the basis for the program. Funds provided to the conservancy to implement ecosystem restoration projects pursuant to the Bay Delta Conservation Plan a multispecies conservation plan shall only be used for ecosystem restoration purposes.
SEC. 2.Section 147 of the Water Code is amended to read:147.(a)On or before January 10, 2010, and annually thereafter, the department shall prepare and submit to the chairpersons of the fiscal committees of the Legislature a report with regard to the budget for the State Water Resources Development System.
(b)The department shall include in the report all of the following information:
(1)A description of the expenditures made, or projected to be made, as applicable, on behalf of the State Water Resources Development System, by program and fund, and of the total revenues expended, or projected to be expended, as applicable, for that system, including each fund source.
(2)A description of the positions within the department that carry out functions related to the State Water Resources Development System, and the total number of those positions.
(3)A description of any funds, other than funds generated by the State Water Resources Development System, that are expended, or projected to be expended, as applicable, for the State Water Resources Development System, including those funds used for cost-sharing purposes.
(4)An itemization of all contracts related to the Bay-Delta Conservation Plan multispecies conservation plan financed, or projected to be financed, as applicable, in full or in part with funds generated by the State Water Resources Development System, including the dollar amount of those contracts and a brief description of the purposes of those contracts.
(c)The department shall include in each report information relating to three fiscal years that include the two completed fiscal years that immediately precede the year in which the report is due, along with applicable information for the fiscal year in which the report is due. The department shall prepare the first report required under subdivision (a) for the 200708, 200809, and 200910 fiscal years.
SEC. 3.Section 85053 of the Water Code is repealed.85053.Bay Delta Conservation Plan or BDCP means a multispecies conservation plan.SEC. 4.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)A plan, program, project, or activity within the secondary zone of the Delta that the applicable metropolitan planning organization pursuant to 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 a facility located, in whole or in part, in the Delta, that is owned or operated by a local public agency.
(6)A 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)A 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)A project for which a notice of approval or determination is filed on or after the date on which the final Bay Delta Conservation Plan multispecies 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. multispecies conservation plan.
(C)Subparagraphs (A) and (B) do not apply to either of the following:
(i)A 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. multispecies conservation plan.
(ii)A 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 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.
(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)(A)Routine dredging activities that are necessary for maintenance of facilities operated by a special district.
(B)For purposes of this paragraph, routine dredging activities are limited to the following:
(i)Dredging to maintain the Stockton Deep Water Ship Channel at a depth of 40 feet in the sediment trap at the confluence of the San Joaquin River, between river mile 39.3 to river mile 40.2, and to maintain the remaining Stockton Deep Water Ship Channel at a depth of 35 feet plus two feet of overdredge from river mile 35 to river mile 43.
(ii)Dredging designed to maintain the Sacramento Deep Water Ship Channel at a depth of 30 feet plus two feet of overdredge from river mile 0.0 to river mile 30, and at a depth of 35 feet from river mile 35 to river mile 43.
(C)Except as provided by this subdivision, it is the intent of the Legislature that this exemption shall not be interpreted or treated as changing or modifying current substantive and procedural regulations applicable to the decision to approve dredging operations.
(c)For purposes of this section, special district means the Port of Stockton or the Port of West Sacramento.
(d)This section shall not be interpreted to authorize the abrogation of a vested right whether created by statute or by common law.
SEC. 5.Section 85086 of the Water Code is amended to read:85086.(a)The board shall establish an effective system of Delta watershed diversion data collection and public reporting by December 31, 2010.
(b)It is the intent of the Legislature to establish an accelerated process to determine instream flow needs of the Delta for the purposes of facilitating the planning decisions that are required to achieve the objectives of the Delta Plan.
(c)(1)For the purpose of informing planning decisions for the Delta Plan and the Bay Delta Conservation Plan, a multispecies conservation plan, the board shall, pursuant to its public trust obligations, develop new flow criteria for the Delta ecosystem necessary to protect public trust resources. In carrying out this section, the board shall review existing water quality objectives and use the best available scientific information. The flow criteria for the Delta ecosystem shall include the volume, quality, and timing of water necessary for the Delta ecosystem under different conditions. The flow criteria shall be developed in a public process by the board within nine months of the enactment of this division. The public process shall be in the form of an informational proceeding conducted pursuant to Article 3 (commencing with Section 649) of Chapter 1.5 of Division 3 of Title 23 of the California Code of Regulations, and shall provide an opportunity for all interested persons to participate. The flow criteria shall not be considered predecisional with regard to any subsequent board consideration of a permit, including any permit in connection with a final BDCP. multispecies conservation plan.
(2)Any order approving a change in the point of diversion of the State Water Project or the federal Central Valley Project from the southern Delta to a point on the Sacramento River shall include appropriate Delta flow criteria and shall be informed by the analysis conducted pursuant to this section. The flow criteria shall be subject to modification over time based on a science-based adaptive management program that integrates scientific and monitoring results, including the contribution of habitat and other conservation measures, into ongoing Delta water management.
(3)Nothing in this section amends or otherwise affects the application of the boards authority under Part 2 (commencing with Section 1200) of Division 2 to include terms and conditions in permits that in its judgment will best develop, conserve, and utilize in the public interest the water sought to be appropriated.
(d)The board shall enter into an agreement with the State Water Project contractors and the federal Central Valley Project contractors, who rely on water exported from the Sacramento River watershed, or a joint powers authority comprised of those contractors, for reimbursement of the costs of the analysis conducted pursuant to this section.
(e)The board shall submit its flow criteria determinations pursuant to this section to the council for its information within 30 days of completing the determinations.
SEC. 6.Section 85213 of the Water Code is amended to read:85213.(a)The council may contract for consultant services and architectural and engineering services to assist the council with all of the following functions:
(1)Preparation of the Delta Plan and associated environmental review.
(2)Performance of the councils responsibilities, or the responsibilities of the Delta Independent Science Board, with respect to the Bay Delta Conservation Plan. a multispecies conservation plan.
(3)Determination of the consistency of state and local public agency actions with the Delta Plan.
(4)Performance of scientific review to inform water and environmental decisionmaking in the Delta.
(b)The council shall contract for the services of the members of the Delta Independent Science Board established pursuant to Section 85280, at an hourly rate of one hundred fifty dollars ($150). The council shall increase the hourly rate annually based on inflation and cost of living adjustments.
(c)(1)Contracts entered into pursuant to this section for consultant services shall be exempt from Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and any rules or regulations adopted pursuant to those laws. Contracts entered into pursuant to subdivision (a) for architectural and engineering services shall be entered into pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, but are exempt from the requirement in Section 4526 of the Government Code to adopt regulations prior to contracting.
(2)The council shall not enter into a contract pursuant to subdivision (a) for consultant services unless at least three bids or proposals to do the work have been evaluated by a competitive process.
(3)The council shall establish procedures for contracting for services pursuant to this section, consistent with paragraphs (1) and (2). The procedures shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.
SEC. 7.Section 85214 of the Water Code is amended to read:85214.(a)It is the intent of the Legislature to avoid any actual or apparent conflict of interest with respect to contracts entered into by the council for work relating to the Delta Plan and the Bay Delta Conservation Plan. a multispecies conservation plan.
(b)Therefore, it is the intent of the Legislature that any contract entered into by the council for purposes of developing the Delta Plan should include provisions ensuring the independence of the contractors work on the Delta Plan with respect to any work that the contractor may do, or may have completed, related to the Bay Delta Conservation Plan. a multispecies conservation plan.
SEC. 8.The heading of Chapter 2 (commencing with Section 85320) of Part 4 of Division 35 of the Water Code is amended to read:2. Bay Delta Multispecies Conservation PlanSEC. 9.Section 85320 of the Water Code is amended to read:85320.(a) The Bay Delta Conservation Plan (BDCP) A multispecies conservation plan shall be considered for inclusion in the Delta Plan in accordance with this chapter.
(b) The BDCP A multispecies conservation plan shall not be incorporated into the Delta Plan and the public benefits associated with the BDCP a multispecies conservation plan shall not be eligible for state funding, unless the BDCP multispecies conservation plan does all of the following:
(1)Complies with Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.
(2)Complies with Division 13 (commencing with Section 21000) of the Public Resources Code, including a comprehensive review and analysis of all of the following:
(A)A reasonable range of flow criteria, rates of diversion, and other operational criteria required to satisfy the criteria for approval of a natural community conservation plan as provided in subdivision (a) of Section 2820 of the Fish and Game Code, and other operational requirements and flows necessary for recovering the Delta ecosystem and restoring fisheries under a reasonable range of hydrologic conditions, which will identify the remaining water available for export and other beneficial uses.
(B)A reasonable range of Delta conveyance alternatives, including through-Delta, dual conveyance, and isolated conveyance alternatives and including further capacity and design options of a lined canal, an unlined canal, and pipelines.
(C)The potential effects of climate change, possible sea level rise up to 55 inches, and possible changes in total precipitation and runoff patterns on the conveyance alternatives and habitat restoration activities considered in the environmental impact report.
(D)The potential effects on migratory fish and aquatic resources.
(E)The potential effects on Sacramento River and San Joaquin River flood management.
(F)The resilience and recovery of Delta conveyance alternatives in the event of catastrophic loss caused by earthquake or flood or other natural disaster.
(G)The potential effects of each Delta conveyance alternative on Delta water quality.
(c)The department shall consult with the council and the Delta Independent Science Board during the development of the BDCP. a multispecies conservation plan. The council shall be a responsible agency in the development of the environmental impact report. The Delta Independent Science Board shall review the draft environmental impact report and submit its comments to the council and the Department of Fish and Game. Wildlife.
(d)If the Department of Fish and Game Wildlife approves the BDCP a multispecies conservation plan as a natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code, the council shall have at least one public hearing concerning the incorporation of the BDCP a multispecies conservation plan into the Delta Plan.
(e)If the Department of Fish and Game Wildlife approves the BDCP a multispecies conservation plan as a natural community conservation plan pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code and determines that the BDCP a multispecies conservation plan meets the requirements of this section, and the BDCP a multispecies conservation plan has been approved as a habitat conservation plan pursuant to the federal Endangered Species Act (16 U.S.C. Section Sec. 1531 et seq.), the council shall incorporate the BDCP plan into the Delta Plan. The Department of Fish and Games Wildlifes determination that the BDCP a multispecies conservation plan has met the requirements of this section may be appealed to the council.
(f)The department, in coordination with the Department of Fish and Game, Wildlife, or any successor agencies charged with BDCP multispecies conservation plan implementation, shall report to the council on the implementation of the BDCP a multispecies conservation plan at least once a year, including the status of monitoring programs and adaptive management.
(g)The council may make recommendations to BDCP the multispecies conservation plan implementing agencies regarding the implementation of the BDCP. BDCP plan. Those implementing agencies shall consult with the council on these recommendations. These recommendations shall not change the terms and conditions of the permits issued by state and federal regulatory agencies.
SEC. 10.Section 85321 of the Water Code is amended to read:85321.The BDCP A multispecies conservation plan shall include a transparent, real-time operational decisionmaking process in which fishery agencies ensure that applicable biological performance measures are achieved in a timely manner with respect to water system operations.
SECTION 1.Section 1020 of the Water Code is amended to read:1020.Water may be leased for a period not to exceed seven years to assist water conservation efforts pursuant to the terms and conditions of this chapter. The terms and conditions of this chapter are not applicable to water leases or transfers governed by other provisions of law.SEC. 2.Section 1021 of the Water Code is amended to read:1021.(a)The water subject to a water lease agreement shall be water that is subject to a water right of the lessor. The amount of water leased shall not exceed 35 percent of the water that would have been applied or stored by the lessor in the absence of the lease agreement in any given hydrological year.(b)Each lease agreement shall include enforceable terms that will ensure that the water lease will not injure any legal user of water and will not unreasonably affect fish, wildlife, or other instream beneficial uses.(c)This chapter applies only to surface water appropriated pursuant to the Water Commission Act (Chapter 586 of the Statutes of 1913, as amended) or this code, or to water appropriated prior to December 19, 1914.Water may be leased for a period not to exceed five seven years to assist water conservation efforts pursuant to the terms and conditions of this chapter. The terms and conditions of this chapter are not applicable to water leases or transfers governed by other provisions of law.
SEC. 2.Section 1021 of the Water Code is amended to read:1021.(a)The water subject to a water lease agreement shall be water that is subject to a water right of the lessor. The amount of water leased shall not exceed 25 35 percent of the water that would have been applied or stored by the lessor in the absence of the lease agreement in any given hydrological year.
(b)Each lease agreement shall include enforceable terms which that will ensure that the water lease will not injure any legal user of water and will not unreasonably affect fish, wildlife, or other instream beneficial uses.
(c)This chapter applies only to surface water appropriated pursuant to the Water Commission Act (Chapter 586 of the Statutes of 1913, as amended) or this code, or to water appropriated prior to December 19, 1914.
SECTION 1.Section 1205 of the Water Code is amended to read:1205.(a)As used in this article, stream system includes a stream, lake, or other body of water, and tributaries and contributory sources, but does not include an underground water supply other than a subterranean stream following through known and definite channels.(b)Following notice and hearing, the board may adopt a declaration that a stream system is fully appropriated.(c)A declaration that a stream system is fully appropriated shall contain a finding that the supply of water in the stream system is being fully applied to beneficial uses where the board finds that previous water rights decisions have determined that no water remains available for appropriation.(d)Upon its own motion or upon petition of any interested person, and following notice and hearing, the board may revoke or revise a declaration that a stream system is fully appropriated.(a)Following As used in this article, stream system includes a stream, lake, or other body of water, and tributaries and contributory sources, but does not include an underground water supply other than a subterranean stream following through known and definite channels.
(b)Following notice and hearing, the board may adopt a declaration that a stream system is fully appropriated. As used in this article, stream system includes stream, lake, or other body of water, and tributaries and contributory sources, but does not include an underground water supply other than a subterranean stream following through known and definite channels.
(b)(c)A declaration that a stream system is fully appropriated shall contain a finding that the supply of water in the stream system is being fully applied to beneficial uses where the board finds that previous water rights decisions have determined that no water remains available for appropriation.
(c)(d)Upon its own motion or upon petition of any interested person, and following notice and hearing, the board may revoke or revise a declaration that a stream system is fully appropriated.
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Date
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Status
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|---|---|
| Aug 26, 2022 | Chaptered by Secretary of State - Chapter 176, Statutes of 2022. |
| Aug 26, 2022 | Approved by the Governor. |
| Aug 18, 2022 | Enrolled and presented to the Governor at 3:30 p.m. |
| Aug 15, 2022 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 76. Noes 0. Page 5875.). |
| Aug 8, 2022 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 10 pursuant to Assembly Rule 77. |
| Aug 8, 2022 | Read third time. Passed. Ordered to the Assembly. (Ayes 36. Noes 0. Page 4679.). |
| Jun 29, 2022 | Read second time. Ordered to Consent Calendar. |
| Jun 28, 2022 | From committee: Do pass. To Consent Calendar. (Ayes 9. Noes 0.) (June 28). |
| Jun 9, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 6, 2022 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Jun 2, 2022 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W. |
| Jun 1, 2022 | Referred to Com. on N.R. & W. |
| May 26, 2022 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 25, 2022 | Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 1. Page 4923.) |
| May 19, 2022 | Read third time and amended. Ordered to third reading. (Page 4737.) |
| May 12, 2022 | Read second time. Ordered to third reading. |
| May 11, 2022 | From committee: Do pass. (Ayes 13. Noes 0.) (May 11). |
| Apr 26, 2022 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 4.) (April 26). Re-referred to Com. on APPR. |
| Apr 18, 2022 | Re-referred to Com. on W.,P., & W. |
| Apr 7, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P., & W. Read second time and amended. |
| Mar 21, 2022 | Re-referred to Com. on W.,P., & W. |
| Mar 17, 2022 | Referred to Com. on W.,P., & W. |
| Feb 8, 2022 | From printer. May be heard in committee March 10. |
| Feb 7, 2022 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 15, 2022 | AB 1811 Mike Fong Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 8, 2022 | Consent Calendar AB1811 Mike Fong | Senate Floor |
Passed |
|
| May 25, 2022 | AB 1811 Mike Fong Assembly Third Reading | Assembly Floor |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Co-Author(s):