13150.
(a) (1) The state board shall, upon the appropriation of funds by the Legislature for purposes of this section, and in consultation with the Department of Fish and Wildlife, adopt principles and guidelines for diversion and use of water in coastal watersheds during times of water shortage, for the purpose of enhancing drought preparedness and climate resiliency. The principles and guidelines shall allow for the development of locally generated watershed-level plans to protect public trust uses, public health and safety, and the human right to water in times of water shortage. The state board and the Department of Fish and Wildlife may participate in the development of the locally generated plans.(2) (A) The principles and guidelines adopted by the state board pursuant to this section shall apply within coastal watersheds identified by the state board, in consultation with the Department of Fish and Wildlife, that have all the following characteristics:
(i) Drain to the Pacific Ocean.
(ii) Are located wholly within California regional water quality control board region 1, 2, or 3.
(iii) Are identified in any state or federal recovery plan as a priority for the recovery of native anadromous fish species protected under the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.).
(B) Notwithstanding
subparagraph (A), principles and guidelines adopted pursuant to this section shall not apply to any of the following:
(i) Watersheds for which the state board determines, after consultation with the Department of Fish and Wildlife, that there is low potential for diversions to affect fish survival or human health and safety in times of low streamflow.
(ii) Diversions located on any mainstem river or stream downstream of reservoirs that, as of January 1, 2024, have a storage capacity of greater than 100,000 acre-feet, and that, as of January 1, 2024, are subject to requirements to make scheduled releases from storage to meet minimum instream flow requirements established by a state or federal agency.
(iii) Watersheds that drain into the portion of the San Francisco Bay that is south of Pinole Point.
(b) (1) The state board shall adopt principles and guidelines under this section as part of state policy for water quality control adopted pursuant to this article.
(2) When developing principles and guidelines pursuant to this section, the state board and Department of Fish and Wildlife may identify, prioritize, and create incentives to improve drought resilience. These incentives may include monetary incentives and improved permitting pathways.
(3) Prior to adopting principles and guidelines under this section, the state board shall allow for public comment and hearing, pursuant to Section 13147. The state board shall provide an opportunity for the public to review and comment on the proposal for at least 60 days and shall consider the public comments before adopting the principles and
guidelines.
(4) In conjunction with the adoption of principles and guidelines pursuant to this section, the state board and the Department of Fish and Wildlife may identify opportunities for investment in new infrastructure that helps water users transition to more sustainable water management through practices such as conjunctive use, small-scale seasonal offstream storage, groundwater infiltration to reduce stormwater runoff, and for more efficient approval of such infrastructure and practices. In identifying these opportunities, the state board and the Department of Fish and Wildlife may consult with the Department of Water Resources, the Wildlife Conservation Board, and other agencies that administer grants for improving water management infrastructure or enhancing aquatic habitat.
(c) Notwithstanding Section 15300.2 of Title 14 of the California Code of Regulations, an action
of the state board or the Department of Fish and Wildlife under this section shall be deemed to be within Section 15308 of Title 14 of the California Code of Regulations, provided that the action does not involve the relaxation of existing streamflow standards.
(d) This section does not alter the regulatory authority of the state board under any other law.