Bill Text: CA SB1360 | 2023-2024 | Regular Session | Amended

California Senate Bill 1360

Bill Title: Water quality: state board certification.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-03-18 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB1360 Detail]

Download: California-2023-SB1360-Amended.html

Amended IN Senate March 18, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 1360

Introduced by Senator Alvarado-Gil

February 16, 2024

An act to amend Section ~~1005~~ 13160 of the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

SB 1360, as amended, Alvarado-Gil. ~~Water rights: appropriation.~~ Water quality: state board certification.

Under existing law, the State Water Resources Control Board and the California regional water quality control boards prescribe waste discharge requirements in accordance with the Federal Water Pollution Control Act and the Porter-Cologne Water Quality Control Act. Under federal law, any applicant seeking a federal license or permit for an activity that may result in any discharge into the navigable waters of the United States is required to first seek a state water quality certification, as specified. The Porter-Cologne Water Quality Control Act authorizes the state board to certify or provide a statement to a federal agency, as required pursuant to federal law, that there is reasonable assurance that an activity of any person subject to the jurisdiction of the state board will not reduce water quality below applicable standards. The federal act provides that if a state fails or refuses to act on a request for this certification within a reasonable period of time, which shall not exceed one year after receipt of the request, then the state certification requirements are waived with respect to the federal application. Existing law authorizes the state board to issue the certificate or statement before completion of the required environmental review if the state board determines that waiting until completion of that environmental review to issue the certificate or statement poses a substantial risk of waiver of the state board’s certification authority under the Federal Water Pollution Control Act or any other federal water quality control law, as provided.
This bill would require the state board to issue the certificate or statement before completion of the required environmental review if the state board and Governor’s Office of Business and Economic Development, in consultation with an applicant, jointly determine that the applicant’s project will help the state meet its clean energy goals and increase electric reliability and waiting until completion of that environmental review to issue the certificate or statement poses a risk to the applicant of not being eligible for federal tax credits or incentives, as provided.
Under existing law, the State Water Resources Control Board administers a water rights program pursuant to which the board grants permits and licenses to appropriate water. Existing law prohibits certain statutory provisions from being construed as depriving any city, city and county, municipal water district, irrigation district, or lighting district of the benefit of any law passed for their benefit in regard to the appropriation or acquisition of water.
~~This bill would make nonsubstantive changes to the latter provision.~~

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

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

SECTION 1.

Section 13160 of the Water Code is amended to read:

13160.

(a) The state board is designated as the state water pollution control agency for all purposes stated in the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and any other existing or subsequently enacted federal water quality control law.

(b) (1) The state board is authorized to give any certificate or statement required by any federal agency pursuant to the Federal Water Pollution Control Act or any other federal water quality control law that there is reasonable assurance that an activity of any person subject to the jurisdiction of the state board will comply with applicable requirements of that federal law or any other appropriate requirements of state law.

(2) The state board may issue the certificate or statement under paragraph (1) before completion of the environmental review required under Division 13 (commencing with Section 21000) of the Public Resources Code if the state board determines that waiting until completion of that environmental review to issue the certificate or statement poses a substantial risk of waiver of the state board’s certification authority under the Federal Water Pollution Control Act or any other federal water quality control law. To the extent authorized by federal law, the state board shall reserve authority to reopen and, after public notice, an opportunity for comment, and, when appropriate, an opportunity for a hearing, revise the certificate or statement as appropriate to incorporate feasible measures to avoid or reduce significant environmental impacts or to make any necessary findings based on the information provided in the environmental document prepared for the project.

(3) The state board shall issue the certificate or statement under paragraph (1) before completion of the environmental review required under Division 13 (commencing with Section 21000) of the Public Resources Code if the state board and Governor’s Office of Business and Economic Development, in consultation with an applicant, jointly determine that the applicant’s project will help the state meet its clean energy goals and increase electric reliability and waiting until completion of that environmental review to issue the certificate or statement poses a risk to the applicant of not being eligible for federal tax credits or incentives pursuant to the federal Inflation Reduction Act of 2022 (Public Law 117-169) or other federal law. To the extent authorized by federal law, the state board shall reserve authority to reopen and, after public notice, an opportunity for comment, and, when appropriate, an opportunity for a hearing, revise the certificate or statement as appropriate to incorporate feasible measures to avoid or reduce significant environmental impacts or to make any necessary findings based on the information provided in the environmental document prepared for the project.

(c) The state board is authorized to exercise any powers delegated to the state and carry out any program a state is authorized to administer under the Federal Water Pollution Control Act (33 U.S.C. Sec. 1251 et seq.) and any amendments to that act.

SECTION 1.Section 1005 of the Water Code is amended to read:
1005.
Nothing in this division shall be construed as depriving any city, city and county, municipal water district, irrigation district, or lighting district of the benefit of any law heretofore or hereafter passed for their benefit in regard to the appropriation or acquisition of water. Any right to the water of any stream that flows along a boundary of the state and that is the subject of an interstate compact to which the state is a party, to the extent the right relates to quantities of water that the United States has, under the authority of an act of Congress, contracted to deliver to any municipal corporation, political subdivision, or public district in the state, from storage constructed by the United States on the stream, shall not be subject to any requirement or limitation provided by law relating to the time within which the construction of works for the use of the water shall be commenced, carried on, or completed, or within which the water shall be put to use, or relating to the continuity of use of the water; and water contracted to be delivered from such a stream shall be reserved to the contractor therefor without diminution by reason of the contractor’s failure to apply the water to use during any period, and shall not be subject to appropriation by any other than the contractor.