Bill Text: CA SB735 | 2013-2014 | Regular Session | Amended

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Bill Title: Sacramento-San Joaquin Delta Reform Act of 2009: multispecies conservation plans.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2013-08-13 - Set, first hearing. Hearing canceled at the request of author. [SB735 Detail]

Download: California-2013-SB735-Amended.html

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BILL NUMBER: SB 735	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 24, 2013
	AMENDED IN SENATE  APRIL 24, 2013
	AMENDED IN SENATE  APRIL 16, 2013

INTRODUCED BY   Senator Wolk
   (Coauthor: Senator DeSaulnier)

                        FEBRUARY 22, 2013

   An act to add Section 85351 to the Water Code, relating to the
Sacramento-San Joaquin Delta Reform Act of 2009.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 735, as amended, Wolk. Sacramento-San Joaquin Delta Reform Act
of 2009: multispecies conservation plans.
   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 by January 1, 2012.
   This bill  would require the council, the Department of
Fish and Wildlife, the Counties of Contra Costa, Sacramento, and
Solano, the Yolo County Habitat/Natural Community Conservation Plan
Joint Powers Agency, and the San Joaquin Council of Governments
  would, on or before February 3, 2014, authorize
prescribed local entities  to enter into a memorandum of
understanding  or other written agreement with the council and
the Department of Fish and Wildlife  regarding multispecies
conservation plans, as defined, that describes, among other things,
how the parties would ensure that multispecies conservation plans
that have been adopted or are under development are consistent with
the Delta Plan.  By imposing this requirement on local public
agencies, the bill would impose a state-mandated local program.
 
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  yes   no  .


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

  SECTION 1.  Section 85351 is added to the Water Code, to read:
   85351.  (a)  The council, the Department of Fish and
Wildlife, the Counties of Contra Costa, Sacramento, and Solano, the
Yolo County Habitat/Natural Community Conservation Plan Joint Powers
Agency, and the San Joaquin Council of Governments shall, by January
1, 2015, enter into   On or before February 3, 2014, the
council, the Department of Fish and Wildlife, and the local entities
described in subdivision (b) that choose to enter into an agreement
shall establish    a mutually agreeable memorandum of
understanding  ,  or other written agreement, as
appropriate, that describes  how the parties would ensure 
the following:
   (1)  How the parties would ensure that   That
   adopted multispecies conservation plans are
consistent with the Delta Plan, and the Delta Plan is consistent with
those multispecies conservation plans.
   (2)  How the parties would ensure that   That
 multispecies conservation plans under development are
consistent with the adopted multispecies conservation plans, the
Delta Plan, and each other.
   (3)  How to ensure that   That  
 all the current multispecies conservation plans, future
multispecies conservation plans, and the Delta Plan are implemented
in accord with each other. 
   (b) (1) The following local entities may choose, but are not
required, to enter into a mutually agreeable memorandum of
understanding or other written agreement as described in subdivision
(a):  
   (A) The County of Contra Costa.  
   (B) The County of Sacramento.  
   (C) The County of Solano.  
   (D) The Yolo County Natural Communities Conservation Plan/Habitat
Conservation Plan Joint Powers Agency.  
   (E) The San Joaquin Council of Governments.  
   (2) If no local entities pursuant to paragraph (1) chose to enter
into a mutually agreeable memorandum of understanding or other
written agreement, the council and the Department of Fish and
Wildlife shall not be required to establish the agreement pursuant to
this section.  
   (b) 
    (   c)  The council shall invite and encourage
the United States Fish and Wildlife Service to participate in
developing and signing the agreement pursuant to this section, to the
extent authorized under federal law. 
   (c)
    (   d)  For purposes of this section,
"multispecies conservation plan" means a multispecies conservation
plan adopted under Section 1539 of the federal Endangered Species Act
(16 U.S.C. Sec. 1531 et seq.), the Natural Community Conservation
Planning Act (Chapter 10 (commencing with Section 2800) of Division 3
of the Fish and Game Code), or jointly under both acts. 
  SEC. 2.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.