Bill Text: CA SB687 | 2023-2024 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Water Quality Control Plan: Delta Conveyance Project.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2024-02-01 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB687 Detail]

Download: California-2023-SB687-Amended.html

---

Amended  IN  Senate  March 20, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 687

---

Introduced by Senator Eggman

February 16, 2023

---

An act to amend Section 13170 of add Section 85090 to the Water Code, relating to water quality. water.

LEGISLATIVE COUNSEL'S DIGEST

SB 687, as amended, Eggman. Water Quality Control Plans. Plan: Delta Conveyance Project.

Existing law establishes the State Water Resources Control Board and the 9 California regional water quality control boards as the principal state agencies with authority over matters relating to water quality. Existing law requires the state board to formulate and adopt state policy for water quality control. Existing law authorizes the state board to adopt water quality control plans for waters that require water quality standards pursuant to the Federal Water Pollution Control Act, and provides that those plans supersede any regional water quality control plans for the same waters to the extent of any conflict.

This bill would require the board to adopt a final update of the 1995 Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, as provided, before the board may consider a change in point diversion or any other water rights permit or order associated with the Delta Conveyance Project. The bill would also, if, after completing the update of the plan and in compliance with existing law, the board approves a change in point of diversion or any other water rights permit or order associated with the Delta Conveyance Project, prohibit the operation of the Delta Conveyance Project unless and until the updated plan is fully implemented. The bill would specify that these provisions do not constitute an authorization for or approval of funding for the Delta Conveyance or any other isolated Delta conveyance project and do not reduce any statutory or other regulatory conditions or permit requirements for Delta Conveyance projects.

Under existing law, the State Water Resources Control Board and the 9 California regional water quality control boards regulate water quality in accordance with the Porter-Cologne Water Quality Control Act and the federal Clean Water Act. Existing law requires each regional board to formulate and adopt water quality control plans for all areas within the region, as provided.

Existing law authorizes the board to adopt water quality control plans for waters for which quality standards are required by the federal act, as specified, and that in the event of conflict, those plans supersede regional water quality control plans for the same waters.

This bill would make nonsubstantive changes to that provision.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

---

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

 Section 85090 is added to the Water Code, to read:

85090.

 (a) Before the board may consider a change in point diversion or other water rights permit or order associated with the Delta Conveyance Project, or any other isolated Delta conveyance project, the board shall first adopt a final update of the 1995 Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary adopted by the board in Resolution No. 95-24 on May 22, 1995, as amended by the 2006 amendment adopted by the board in Resolution No. 2006-0098 on December 13, 2006, and as amended by the 2018 amendment adopted by the board in Resolution No. 2018-0059 on December 12, 2018, including its update of water quality objectives for the Sacramento River, Delta, and tributaries.

(b) If, after completing the update of the water quality control plan required in subdivision (a) and in compliance with existing law, the board approves a change in point of diversion or other water rights permit or order approving for the Delta Conveyance Project, the Delta Conveyance Project shall not be operated unless and until the updated water quality control plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary, including the update required by subdivision (a) and the amendments referenced or amendments thereto, is fully implemented.

(c) Nothing in this section shall constitute an authorization for or approval of funding for the Delta Conveyance or any other isolated Delta conveyance project and shall not reduce any statutory or other regulatory conditions or permit requirements for Delta Conveyance projects.

(d) This section shall not be construed as creating any authority for the department to build any isolated Delta conveyance facilities.

SECTION 1.Section 13170 of the Water Code is amended to read:

13170.

The state board may adopt water quality control plans in accordance with the provisions of Sections 13240 to 13244, inclusive, insofar as they are applicable, for waters for which water quality standards are required by the Federal Water Pollution Control Act, acts amendatory thereof, or acts supplementary thereto. Those plans, when adopted, supersede any regional water quality control plans for the same waters to the extent of any conflict.