Bill Text: CA AB1884 | 2011-2012 | Regular Session | Amended

California Assembly Bill 1884 (Prior Session Legislation)

Bill Title: Sacramento-San Joaquin Delta Reform Act of 2009: covered

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2012-04-09 - Re-referred to Com. on W., P. & W. In committee: Set, first hearing. Hearing canceled at the request of author. [AB1884 Detail]

Download: California-2011-AB1884-Amended.html

BILL NUMBER: AB 1884	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 29, 2012

INTRODUCED BY   Assembly Member Buchanan

                        FEBRUARY 22, 2012

   An act to amend Section 85057.5 of the Water Code, relating to the
Sacramento-San Joaquin Delta.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1884, as amended, Buchanan. Sacramento-San Joaquin Delta Reform
Act of 2009: covered actions.
   Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009,
establishes the Delta Stewardship Council as an independent agency
of the state. Existing law requires a state or local public agency
that proposes to undertake a covered action that will occur within
the boundaries of the Delta or the Suisun Marsh to prepare, and
submit to the council, a specified written certification of
consistency with the Delta Plan prior to taking those actions.
Existing law defines the term "covered action" to mean a plan,
program, or project, as specified.
   This bill would  make a technical, nonsubstantive change
to the section defining covered action   exclude from
the definition of "covered   action" any anticipated
upgrades to existing drinking water, stormwater, or wastewater
treatment facilities to meet state water quality requirements  .

   Existing law, the Johnston-Baker-Andal-Boatwright Delta Protection
Act of 1992, establishes a primary zone in the Delta where further
development is barred and a secondary zone surrounding the Delta
where development may proceed under certain conditions.  
    This bill would also exclude from the definition of "covered
action" any levee improvements and other flood control projects in
the secondary zone, as specified, and would exclude from the
definition the implementation of existing, fully permitted, habitat
conservation and agricultural mitigation plans and programs within
the primary and secondary zones of the Delta.  
   Existing law, the California Environmental Quality Act (CEQA),
requires a lead agency, as defined, to prepare, or cause to be
prepared, and certify the completion of, an environmental impact
report (EIR) 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. CEQA 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. CEQA exempts housing for agricultural employees, housing
affordable to low-income households, and other infill housing
projects meeting specified criteria.  
   This bill would exclude from the definition of "covered action"
specified plans, programs, projects, or activities within the
secondary zone that have received environmental certification under
CEQA or otherwise have vested rights as of the effective date of the
Delta Plan, or both, and would exclude all of the categorical CEQA
exemptions. This bill would also exclude from the definition
agricultural employee housing, low-income housing, infill residential
projects, and other infill development projects, as described. 

   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 85057.5 of the Water Code is amended to read:
   85057.5.  (a) "Covered action" means a plan, program, or project
as defined pursuant to Section 21065 of the Public Resources Code
that meets all of the following conditions:
   (1) Will occur, in whole or in part, within the boundaries of the
Delta or Suisun Marsh.
   (2) Will be carried out, approved, or funded by the state or a
local public agency.
   (3) Is covered by one or more provisions of the Delta Plan.
   (4) Will have a significant impact on achievement of one or both
of the coequal goals or the implementation of government-sponsored
flood control programs to reduce risks to people, property, and state
interests in the Delta.
   (b) "Covered action" does not include any of the following:
   (1) A regulatory action of a state agency.
   (2) Routine maintenance and operation of the State Water Project
or the federal Central Valley Project.
   (3) Regional transportation plans prepared pursuant to Section
65080 of the Government Code.
   (4) Any plan, program, project, or activity within the secondary
zone of the Delta that the applicable metropolitan planning
organization under Section 65080 of the Government Code has
determined is consistent with either a sustainable communities
strategy or an alternative planning strategy that the State Air
Resources Board has determined would, if implemented, achieve the
greenhouse gas emission reduction targets established by that board
pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of
Section 65080 of the Government Code. For purposes of this paragraph,
"consistent with" means consistent with the use designation,
density, building intensity, transportation plan, and applicable
policies specified for the area in the sustainable communities
strategy or the alternative planning strategy, as applicable, and any
infrastructure necessary to support the plan, program, project, or
activity.
   (5) Routine maintenance and operation of any facility located, in
whole or in part, in the Delta, that is owned or operated by a local
public agency.
   (6) Any plan, program, project, or activity that occurs, in whole
or in part, in the Delta, if both of the following conditions are
met:
   (A) The plan, program, project, or activity is undertaken by a
local public agency that is located, in whole or in part, in the
Delta.
   (B) Either a notice of determination is filed, pursuant to Section
21152 of the Public Resources Code, for the plan, program, project,
or activity by, or the plan, program, project, or activity is fully
permitted by, September 30, 2009.
   (7) (A) A project within the secondary zone, as defined pursuant
to Section 29731 of 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.  This includes,   but
is not limited to, any plan, program, project, or activity within
the secondary zone of the Delta, which is consistent with an adopted
general plan, sphere of influence, specific or master plan,
development agreement, subdivision map, or other land use entitlement
or permit, having received environmental certification under the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) or which otherwise has
vested rights as of the effective date of the Delta Plan, or both.

   (B) Any project for which a notice of approval or determination is
filed on or after the date on which the final Bay Delta Conservation
Plan becomes effective, and before the date on which the Delta Plan
becomes effective, is not a covered action but shall be consistent
with the Bay Delta Conservation Plan.
   (C) Subparagraphs (A) and (B) do not apply to either of the
following:
   (i) Any project that is within a Restoration Opportunity Area as
shown in Figure 3.1 of Chapter 3: Draft Conservation Strategy of the
Bay Delta Conservation Plan, August 3, 2009, or as shown in a final
Bay Delta Conservation Plan.
   (ii) Any project that is within the alignment of a conveyance
facility as shown in Figures 1 to 5, inclusive, of the Final Draft
Initial Assessment of Dual Delta Water Conveyance Report, April 23,
2008, and in future revisions of this document by the department.

   (8) Implementation of existing, fully permitted, habitat
conservation and agricultural mitigation plans and programs within
the primary and secondary zones of the Delta.  
   (9) Agricultural employee housing, low-income housing, and infill
residential projects, as described in Section 21159.22, 21159.23, or
21159.24 of the Public Resources Code, and other infill development
projects, as defined in Section 15332 of Title 14 of the California
Code of Regulations.  
   (10) All of the categorical exemptions recognized under the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code).  
   (11) Any anticipated upgrades to existing drinking water,
stormwater, or wastewater treatment facilities to meet state water
quality requirements.  
   (12) Any levee improvements and other flood control projects in
the secondary zone of the Delta that are consistent with state
standards or federal standards, or both, and which have complied with
the California Environmental Quality Act (Division 13 (commencing
with Section 21000) of the Public Resources Code) or the federal
National Environmental Policy Act (42 U.S.C. Sec. 4321 et seq.), or
both. 
   (c) Nothing in the application of this section shall be
interpreted to authorize the abrogation of any vested right whether
created by statute or by common law.