Bill Text: CA AB408 | 2009-2010 | Regular Session | Introduced

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

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Bill Title: Commercial fishing: lobster management enhancement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-30 - Vetoed by Governor. [AB408 Detail]

Download: California-2009-AB408-Introduced.html

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BILL NUMBER: AB 408	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Saldana

                        FEBRUARY 23, 2009

   An act to amend Section 65352 of, and to add Section 65352.6 to,
the Government Code, and to add Section 13142.1 to the Water Code,
relating to local planning.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 408, as introduced, Saldana. Local planning: water supplies.
    (1) The Planning and Zoning Law requires a city or county general
plan to include specified mandatory elements, including a
conservation element that considers, among other things, the
identification of rivers, creeks, streams, flood corridors, riparian
habitat, and land that may accommodate floodwater for purposes of
groundwater recharge and stormwater management and a discussion and
evaluation of water supply and demand. Before adopting or amending
the general plan, the planning agency is required to refer the
proposed action to specified entities.
   This bill would require the planning agency to additionally notify
the California regional water quality control board servicing the
area before adopting or amending the general plan. The bill would
require the regional board, upon receiving this notice, to provide
the planning agency with certain information regarding implementation
of low-impact development water management to increase local water
supplies by increasing stormwater recharge and reuse. By imposing new
duties on local public officials, the bill would create a
state-mandated local program.
    (2) The existing Porter-Cologne Water Quality Control Act
requires the State Water Resources Control Board to formulate and
adopt state policy for water quality control.
   This bill would require the state board to increase, on or before
January 1, 2015, the sustainable local water supplies available for
meeting existing and future beneficial uses in this state by an
unspecified amount of acre-feet per year, in excess of the 2002
levels of sustainable local water supply and would specify the
methods to be used, pursuant to its existing authority, in meeting
this goal.
   (3) 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 no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 65352 of the Government Code is amended to
read:
   65352.  (a) Prior to action by a legislative body to adopt or
substantially amend a general plan, the planning agency shall refer
the proposed action to all of the following entities:
   (1) A city or county, within or abutting the area covered by the
proposal, and any special district that may be significantly affected
by the proposed action, as determined by the planning agency.
   (2) An elementary, high school, or unified school district within
the area covered by the proposed action.
   (3) The local agency formation commission.
   (4) An areawide planning agency whose operations may be
significantly affected by the proposed action, as determined by the
planning agency.
   (5) A federal agency if its operations or lands within its
jurisdiction may be significantly affected by the proposed action, as
determined by the planning agency.
   (6) (A) The branches of the United States Armed Forces that have
provided the Office of Planning and Research with a California
mailing address pursuant to subdivision (d) of Section 65944 when the
proposed action is within 1,000 feet of a military installation, or
lies within special use airspace, or beneath a low-level flight path,
as defined in Section 21098 of the Public Resources Code, provided
that the United States Department of Defense provides electronic maps
of low-level flight paths, special use airspace, and military
installations at a scale and in an electronic format that is
acceptable to the Office of Planning and Research.
   (B) Within 30 days of a determination by the Office of Planning
and Research that the information provided by the Department of
Defense is sufficient and in an acceptable scale and format, the
office shall notify cities, counties, and cities and counties of the
availability of the information on the Internet. Cities, counties,
and cities and counties shall comply with subparagraph (A) within 30
days of receiving this notice from the office.
   (7) A public water system, as defined in Section 116275 of the
Health and Safety Code, with 3,000 or more service connections, that
serves water to customers within the area covered by the proposal.
The public water system shall have at least 45 days to comment on the
proposed plan, in accordance with subdivision (b), and to provide
the planning agency with the information set forth in Section
65352.5.
   (8) The Bay Area Air Quality Management District for a proposed
action within the boundaries of the district.
   (9) On and after March 1, 2005, a California Native American
tribe, that is on the contact list maintained by the Native American
Heritage Commission, with traditional lands located within the city
or county's jurisdiction.
   (10) The Central Valley Flood Protection Board for a proposed
action within the boundaries of the Sacramento and San Joaquin
Drainage District, as set forth in Section 8501 of the Water Code.

    (11) The California regional water quality control board serving
the area affected by the proposal. 
   (b) Each entity receiving a proposed general plan or amendment of
a general plan pursuant to this section shall have 45 days from the
date the referring agency mails it or delivers it in which to comment
unless a longer period is specified by the planning agency.
   (c) (1) This section is directory, not mandatory, and the failure
to refer a proposed action to the other entities specified in this
section does not affect the validity of the action, if adopted.
   (2) To the extent that the requirements of this section conflict
with the requirements of Chapter 4.4 (commencing with Section 65919),
the requirements of Chapter 4.4 shall prevail.
  SEC. 2.  Section 65352.6 is added to the Government Code, to read:
   65352.6.  (a) The Legislature finds and declares that it is vital
that there be close coordination and consultation between California'
s water supply agencies and California's land use approval agencies
to ensure clean, sustainable, local supplies of water.
   (b) It is, therefore, the intent of the Legislature to provide a
standardized process for determining the adequacy of city and county
general plans to achieve and promote clean, sustainable, local water
supplies consistent with the goal set forth in Section 13142.1 of the
Water Code.
   (c) Upon receiving a notice pursuant to paragraph (11) of
subdivision (a) of Section 65352 of a city's or a county's proposed
action to adopt or substantially amend a general plan, the California
regional water quality control board serving the area affected by
the plan shall provide the planning agency with the following
information, as is appropriate and relevant:
   (1) Recommendations on amendments to the general plan that would
facilitate and expedite implementation of low-impact development
water management strategies that increase local water supplies and
decrease pollution. These recommendations may be based on the May
2008 report of the California Ocean Protection Council "Resolution
Regarding Low-Impact Development," the State Water Resources Control
Board report "Review of Low Impact Development Policies: Removing
Institutional Barriers To Adoption" of December 2007, and the
stormwater guidance document prepared by the State Water Resources
Control Board July 1, 2009, pursuant to Section 13383.7 of the Water
Code.
   (2) Any additional information that is relevant to the
implementation of low-impact development water management to increase
local water supplies by increasing stormwater recharge and reuse.
  SEC. 3.  Section 13142.1 is added to the Water Code, to read:
   13142.1.   (a) The state board shall take appropriate actions,
pursuant to this division and consistent with the 2008-12 Strategic
Plan, to increase, on or before January 1, 2015, the sustainable
local water supplies available for meeting existing and future
beneficial uses in this state in the amount of _____ acre-feet per
year, in excess of the 2002 level of sustainable local water supply.
   (b) The board shall achieve the water supply goal specified in
subdivision (a) pursuant to the existing authority provided by this
division, through a combination of increasing conservation, recycled
water use, and stormwater recharge and reuse, by using low-impact
development water management strategies.
  SEC. 4.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because a
local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.