Bill Text: CA SB1398 | 2013-2014 | Regular Session | Introduced
Bill Title: Environmental quality: flood control activities: Salinas
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-04-29 - Set, second hearing. Hearing canceled at the request of author. [SB1398 Detail]
Download: California-2013-SB1398-Introduced.html
BILL NUMBER: SB 1398 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Cannella
FEBRUARY 21, 2014
An act to add Section 21168.11 to the Public Resources Code,
relating to environmental quality.
LEGISLATIVE COUNSEL'S DIGEST
SB 1398, as introduced, Cannella. Environmental quality: flood
control activities: Salinas River.
The California Environmental Quality Act requires a lead agency,
as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it
proposes to carry out or approve that may have a significant effect
on the environment or to adopt a negative declaration if it finds
that the project will not have that effect. The act also requires a
lead agency to prepare a mitigated negative declaration for a project
that may have a significant effect on the environment if revisions
in the project would avoid or mitigate that effect and there is no
substantial evidence that the project, as revised, would have a
significant effect on the environment. The act authorizes the court,
in an action or proceeding challenging a decision of a public agency
on the ground of noncompliance with the act, to enter an order that
includes, among other things, a mandate to suspend any or all
specific project activities that could result in an adverse change or
alteration to the physical environment until the public agency has
taken actions that maybe necessary to bring the public agency into
compliance with the act.
This bill would, for maintenance activities along the Salinas
River meeting specified requirements, prohibit the court in such an
action from staying or enjoining those maintenance activities unless
those activities present an imminent threat to public health and
safety or would materially, permanently, and adversely affect
unforeseen important Native American artifacts, or unforeseen
important historical, archaeological, or ecological values.
This bill would make legislative findings and declarations as to
the necessity of a special statute for the Salinas River in the
County of Monterey.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature finds and declares all of the
following:
(1) The Salinas River is the central coast's largest river and is
within the fourth largest watershed in California, flowing 170 miles
from the mountains of San Luis Obispo County northward to Monterey
Bay. Most rivers in California flow west or south. Because it flows
northward and has one of the largest subsurface flows in the nation,
the Salinas River is called "the Upside Down River."
(2) The Salinas River flows into the Monterey Bay National Marine
Sanctuary, one of the world's most diverse marine ecosystems. The
river is designated by the State Water Resources Control Board as one
of the most critical watersheds in California due to degrading
habitats and nonpoint source pollution impacts.
(3) The Salinas River is a wildlife corridor providing the
principle source of water from its reservoirs and tributaries for the
farms and vineyards of the Salinas Valley. The Salinas River
watershed, which includes the Nacimiento River, San Antonio River,
Estrella River, and Arroyo Seco River, encompasses approximately
4,200 square miles. It supplies the water for central coast cities
from San Luis Obispo to Salinas as well as one of the most productive
agricultural valleys in the United States.
(4) The Salinas Valley region produces strawberries, wine grapes,
and other crops. Farming supports local families with two in five
households relying on income related to agriculture, which supports
45,000 jobs. Farming supports the local economy. Agriculture
contributes over $4.14 billion per year to Monterey County's economic
output, with a total impact of over $8.7 billion on the local
economy. Farming provides a healthy local food supply. Monterey
County farmers are among the most productive and efficient in the
world growing more than 150 crops.
(5) Farming shapes the local landscape. For every acre of
buildings and pavement in Monterey County there are four acres of
strawberries, lettuce, grapes, or other crops. Farming supports local
communities. Agriculture generates tax revenues for Monterey County
supporting services that enhance everyone's quality of life.
(6) In 1995, devastating flooding occurred throughout Monterey
County. The floods resulted in countywide devastation to private
property resulting in over 11,000 evacuations and damage to homes and
businesses. Sewage treatment facilities and private septic systems
along the river were flooded and untreated sewage was released into
the river.
(7) Countywide losses from flooding in 1998 were estimated at over
$38 million, with agriculture-related losses totaling over $7
million and involving approximately 29,000 acres of prime farmland
that were damaged.
(8) The Salinas River system is complex and currently overgrown
with nonnative vegetation. The river flows through the richest and
most valuable land in the state from which crops are shipped to every
portion of the world. If this area were to flood, the economic
impact would be felt on a local, state, national, and even worldwide
level.
(9) The Salinas River needs a flood maintenance program that
allows for holistic flood management that considers the agriculture
resources, environmental interests, and the local economy.
(b) It is the intent of the Legislature to facilitate maintenance
activities along the Salinas River for the purposes of flood
protection.
SEC. 2. Section 21168.11 is added to the Public Resources Code, to
read:
21168.11. (a) For the purposes of this section, "maintenance
activities" mean activities specified in a plan for flood control
purposes along the Salinas River in the County of Monterey if both of
the following requirements are met:
(1) The proposed activities are in compliance with all federal,
state, and local laws and regulations, including water quality and
species protection.
(2) The plan is developed in conjunction with local stakeholders,
including environmental groups, affected landowners, agricultural
interests, and other water users.
(b) (1) Notwithstanding Section 21168.9, for an action or
proceeding brought pursuant to this division to attack, review, set
aside, void, or annul the decision of a public agency regarding
maintenance activities meeting the requirements of subdivision (a),
the court, in granting relief in the action or proceeding, shall not
stay or enjoin the maintenance activities unless the court finds
either of the following:
(A) The maintenance activities present imminent threat to the
public health and safety.
(B) The site where the maintenance activities would occur contains
unforeseen Native American artifacts or unforeseen important
historical, archaeological, or ecological values that would be
materially, permanently, and adversely affected by the maintenance
activities.
(2) If the court finds that subparagraph (A) or (B) of paragraph
(1) is satisfied, the court shall only enjoin those specific
maintenance activities that present imminent threat to public health
and safety or that materially, permanently, and adversely affect
unforeseen important Native American artifacts, or unforeseen
important historical, archaeological, or ecological values.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances existing along the Salinas River
in the County of Monterey.
