[env-trinity] SB 1155- Machado

Fri Feb 6 17:37:42 PST 2004

For legislative information, see http://www.leginfo.ca.gov/bilinfo.html***************************************BILL NUMBER: SB 1155	INTRODUCED
	BILL TEXT

INTRODUCED BY   Senator Machado

                        JANUARY 28, 2004

   An act to add Section 79442 to the Water Code, relating to water.

	LEGISLATIVE COUNSEL'S DIGEST

   SB 1155, as introduced, Machado.  Sacramento-San Joaquin Delta.
   Existing law, the California Bay-Delta Authority Act, establishes
in the Resources Agency the California Bay-Delta Authority until
January 1, 2006, unless a certain determination is made.  The act
requires the authority and the implementing agencies, as defined, to
carry out the programs, projects, and activities necessary to
implement the Bay-Delta Program, defined to mean those projects,
programs, commitments, and other actions that address the goals and
objectives of the CALFED Bay-Delta Programmatic Record of Decision,
dated August 28, 2000, or as it may be amended.  The act requires the
authority to review, approve, and make recommendations regarding
certain program plans and expenditure plans submitted by the
implementing agencies and to undertake related actions.
   This bill, with a certain exception, would prohibit a public
agency, including the authority, from assisting or cooperating with
any other public agency for the purposes of increasing pumping from
the Sacramento-San Joaquin Delta beyond levels authorized under
applicable operating criteria in effect on July 1, 2003, until the
authority, the State Water Resources Control Board or the appropriate
California regional water quality control board, and the Department
of Water Resources, in collaboration with the implementing agencies,
undertake certain actions in accordance with a process that
encourages public participation and in furtherance of certain
described solution principles.
   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.  The Legislature finds and declares all of the
following:
   (a) The CALFED Programmatic Record of Decision (ROD) and its
associated documents described actions that were intended to take
place in an integrated framework and not independently of one
another.  While each program element was described individually, it
was understood that only through coordinated, linked, incremental
investigation, analysis, and implementation could the problems in the
Sacramento-San Joaquin Delta (delta) be effectively resolved.
   (b) (1) The implementation of the Bay-Delta Program, as defined by
subdivision (e) of Section 79402 of the Water Code, has not been
balanced across all programs, as described in subdivision (b) of
Section 79402 of the Water Code.
   (2) The implementation has not been consistent with the
implementation schedule and milestones described in the CALFED ROD.
   (3) The implementation has not resulted in concurrent improvement
in all program elements in a manner that ensures that improvements in
some program elements are not made without corresponding
improvements in other program elements.
   (c) Each of the following CALFED documents stated that prior to
increasing pumping from the delta to up 8,500 cubic feet per second
during periods that are restricted under applicable operating
criteria, new operational rules for use of additional export
capability will be determined through an "open CALFED process":
   (1) The CALFED ROD prepared by the CALFED Bay-Delta Program, dated
August 28, 2000.
   (2) "Section 7" biological opinions prepared by the United States
Fish and Wildlife Service, dated August 28, 2000.
   (3) "Section 7" biological opinions prepared by the National
Marine Fisheries Service, dated August 28, 2000.
   (4) The natural community conservation plan determination made by
the Department of Fish and Game, dated August 28, 2000.
   (5) The publication entitled "California's Water Future, a
Framework for Action," prepared by the CALFED Bay-Delta Program,
dated June 9, 2000.
   (d) The Department of Water Resources convened an open CALFED
process in 2002 to try to develop an operational rules plan that
would increase delta pumping to up to 8,500 cubic feet per second
during periods that are currently restricted.  In the progress report
entitled "Report on 8500 Stakeholder Process to California
Department of Water Resources," dated October 31, 2002, the
facilitator found that the stakeholder groups had not reached
consensus on an operations plan.
   (e) Recent private negotiations between the Department of Water
Resources and the United States Bureau of Reclamation have resulted
in a plan to increase delta pumping to up to 8,500 cubic feet per
second during periods that are currently restricted.  This "Draft
Proposition Concerning CVP/SWP Integrated Operations," also known as
the "Napa Agreement," was developed behind closed doors, without
direct input from many stakeholder groups or from state or federal
wildlife agencies.  The Napa Agreement does not conform to the CALFED
solution principles.  Moreover, "after the fact" negotiations
between a few delta export interests and a select group of delta
water agencies in no way substitutes for consultations undertaken in
accordance with an open CALFED process.
   (f) In order to restore balance in the implementation of the ROD,
to ensure that the Bay-Delta Program fulfills its commitment to
achieving continuous improvement in the quality of the waters of the
delta system, and to preserve the integrity of the CALFED process, it
is necessary for the Legislature to enact this act.
  SEC. 2.  Section 79442 is added to the Water Code, to read:
   79442.  (a) Notwithstanding subdivision (c) of Section 79403.5, no
public agency, including the authority, may assist by loan, grant,
contract, license, permit, resolution, staffing, use of facilities,
or otherwise cooperate with, any other public agency for the purposes
of increasing pumping from the delta beyond levels authorized under
applicable operating criteria in effect on July 1, 2003, until all of
the following requirements have been met:
   (1) The authority, in collaboration with the implementing
agencies, prepares and implements a plan to meet all water quality
standards and objectives in effect on July 1, 2003, for which the
State Water Project or the federal Central Valley Project, or both,
have responsibility.  This plan shall include all of the following
components:
   (A) An enumeration of all existing water quality standards and
objectives for which the State Water Project, the federal Central
Valley Project, or both water projects, have responsibility.  This
includes all flow based standards.
   (B) A description of each action to be undertaken to meet the
standards and objectives described in subparagraph (A).  The
description shall include an identification of all of the following:

   (i) The agency responsible for implementing the action.
   (ii) The schedule for implementing the action.
   (iii) To the maximum extent practicable, quantitative estimates of
the specific improvements to be realized by the implementation of
the action toward meeting the standards and objectives described in
subparagraph (A).
   (C) The water quality consequences of not meeting the
implementation schedule described in clause (ii) of subparagraph (B).

   (D) A financing plan for implementing the plan.
   (E) A contingency plan to be undertaken if one or more of the plan'
s components is not implemented in accordance with this section.
   (2) The state board or the appropriate regional board, in
collaboration with the implementing agencies, adopts a water quality
control plan to address low dissolved oxygen in the San Joaquin River
and adopts total maximum daily levels for pollutants that cause that
low dissolved oxygen in accordance with Section 1313(d) of Title 33
of the United States Code.
   (3) The state board or the appropriate regional board, in
collaboration with the implementing agencies, adopts a water quality
control plan, and total maximum daily loads in accordance with
Section 1313(d) of Title 33 of the United States Code, for salinity
in the lower San Joaquin River and commences implementation of
appropriate source control measures.
   (4) The department, in collaboration with the implementing
agencies, completes a study and provides recommendations to the
authority on the use of recirculation to meet the objectives of the
Bay-Delta Program.  The study shall include an analysis of impacts
and benefits, and recommendations on infrastructure improvements
necessary to implement recirculation, as appropriate.  The
recommendations shall specifically address the role that
recirculation will provide in improving dissolved oxygen levels in
the San Joaquin River.
   (5) The authority, in collaboration with the implementing
agencies, determines the feasibility of restoring habitat and
improving hydraulic conditions on Frank's Tract in the delta to
optimize improvements in ecosystem restoration, levee stability, and
delta water quality.
   (6) The authority, in collaboration with implementing agencies,
develops and adopts a process to certify urban water plan management
prepared pursuant to Part 2.6 (commencing with Section 10610) of
Division 6.
   (7) The authority, in collaboration with the implementing
agencies, convenes an independent review panel on appropriate
measurement of surface water and groundwater deliveries and prepares
and submits to the Legislature a report regarding suggested
legislation relating thereto.
   (8) The department, in collaboration with the implementing
agencies, completes a funding plan to dredge and install operable
barriers to ensure that water is of adequate quantity and quality for
agricultural users within the south delta.
   (9) The department, in collaboration with the implementing
agencies, completes environmental studies for floodway improvements
on the lower San Joaquin River to provide conveyance, flood control,
and ecosystem benefits.
   (10) The department, in collaboration with the implementing
agencies, reconvenes and completes its process to develop a project
specific operation plan that addresses the potential impacts of
increased pumping.
   (b) (1) Each state agency that undertakes any activity described
in paragraphs (1) to (10), inclusive, of subdivision (a) shall carry
out that activity in accordance with an open bay-delta process that
encourages public participation.
   (2) For the purposes of carrying out activities described in
paragraph (1), each state agency shall conduct periodic meetings that
are publicly noticed and facilitated using consensus seeking
techniques.
   (3) All actions undertaken or proposed by an agency pursuant to
subdivision (a) shall conform to all of the following solution
principles:
   (A) "Reduce conflicts in the system," which means the action, in
the judgment of the agency, will reduce major conflicts among
beneficial uses of water.
   (B) "Be equitable," which means the action, in the judgment of the
agency, will focus on solving problems in all problem areas.
   (C) "Be affordable," which means the action, in the judgment of
the agency, will be implemented using the resources of the Bay-Delta
Program and affected parties.
   (D) "Be durable," which means the action, in the judgment of the
agency, will have political and economic staying power and will
sustain the resources they were designed to protect and enhance.
   (E) "Be implementable," which means the action, in the judgment of
the agency, will have broad public acceptance and legal feasibility,
and will be timely and relatively simple to implement when compared
to other possible actions.
   (F) "Have no significant redirected impacts," which means the
action, in the judgment of the agency, will not solve problems in the
delta system by redirecting significant negative impacts, when
viewed in their entirety, to other areas of the delta or to areas
outside the delta.
   (c) Notwithstanding subdivision (a), the department may conduct
studies on the impacts of operating State Water Project pumps at up
to 8,500 cubic feet per second, but only for the purposes of
paragraph (10) of subdivision (a) and in accordance with subdivision
(b).                               

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