Bill Text: CA SB651 | 2023-2024 | Regular Session | Amended

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

---

Bill Title: California Environmental Quality Act: groundwater recharge projects: Judicial Council rules of court.

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Engrossed) 2023-06-22 - Read second time and amended. Re-referred to Com. on NAT. RES. [SB651 Detail]

Download: California-2023-SB651-Amended.html

---

Amended  IN  Senate  April 12, 2023

Amended  IN  Senate  March 29, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Senate Bill

No. 651

---

Introduced by Senator Grove
(Coauthors: Senators Niello and Seyarto)
(Coauthors: Assembly Members Alanis, Dixon, Rodriguez, and Ta)

February 16, 2023

---

An act to add Section 21080.08 21168.6.11 to the Public Resources Code, and to add Sections Section 114 and 85225.1 to the Water Code, relating to water.

LEGISLATIVE COUNSEL'S DIGEST

SB 651, as amended, Grove. Water storage and recharge: California Environmental Quality Act: Sacramento-San Joaquin Delta Reform Act of 2009: exemptions. Act.

Existing law establishes in the Natural Resources Agency the State Water Resources Control Board and the regional water quality control boards. Existing law requires the state board to formulate and adopt state policy for water quality control. Existing law requires each regional board to coordinate with the state board and other regional boards, as well as other state agencies with responsibility for water quality, with respect to water quality control matters.

This bill would make it the policy of this state that, to help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the state board and the regional water quality control boards prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife.

The California Environmental Quality Act (CEQA) requires, among other things, a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA establishes a procedure by which a person may seek judicial review of the decision of the lead agency made pursuant to CEQA.

Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, provides that it is the policy of the state to, among other things, reduce reliance on the Sacramento-San Joaquin Delta in meeting California’s future water supply needs through a statewide strategy of investing in improved regional supplies, conservation, and water use efficiency. Existing law establishes the Delta Stewardship Council, which is required to develop, adopt, and commence implementation of a comprehensive management plan, known as the Delta Plan, for the Sacramento-San Joaquin Delta. The act requires, among other things, a state or local public agency that proposes to undertake a covered action, before initiating the implementation of that covered action, to prepare a written certification of consistency with detailed findings as to whether the covered action is consistent with the Delta Plan and to submit that certification to the council, as provided.

This bill would exempt from CEQA actions taken by a state agency, or by a local agency if the state agency with primary responsibility for the implementation of directives addressing impacts of drought concurs that local action is required, and permits that are necessary to carry out those actions, to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife. The bill would exempt the above-described actions and permits from the requirement to prepare a written certification of consistency with detailed findings as to whether the covered action or permit is consistent with the Delta Plan and to submit that certification to the council. The bill would also exempt from CEQA a recharge project under the Department of Water Resources’ Sustainable Groundwater Management Grant Program and flood-managed aquifer recharge projects, occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, as specified. The bill would require state and local agencies to maintain on their internet websites a list of all activities or approvals to which these exemptions apply.

To the extent that the bill would impose additional duties on local entities related to their implementation of CEQA and the Sacramento-San Joaquin Delta Reform Act of 2009, 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 the statutory provisions noted above.

This bill would require the Judicial Council to adopt a rule of court to establish procedures requiring actions or proceedings brought to attack, review, set aside, void, or annul the certification of an environmental impact report, or the granting of any project approvals, for specified water storage and groundwater recharge projects that require the actions or proceedings, including any appeals, to be resolved within 270 days of the filing of the certified record of proceedings with the court.

Digest Key

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YESNO  

---

Bill Text

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

SECTION 1.Section 21080.08 is added to the Public Resources Code, to read:

21080.08.

(a)This division does not apply to an

SECTION 1.

 Section 21168.6.11 is added to the Public Resources Code, to read:

21168.6.11.

 (a) For purposes of this section, “project” means either of the following:

(1) An action taken by a state agency, or by a local agency if the state agency with primary responsibility for the implementation of directives addressing the impacts of drought concurs that local action is required, or to a permit that is necessary to carry out that action, to the extent necessary to address the impacts of drought, in order to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife.

(b)This division does not apply to a

(2) A recharge project under the Department of Water Resources’ Sustainable Groundwater Management Grant Program or to a flood-managed aquifer recharge project, occurring on open and working lands to replenish and store water in groundwater basins that will help mitigate groundwater conditions impacted by drought, with respect to an action taken by a state agency, or by a local agency if the Department of Water Resources concurs that local action is required, or to a permit that is necessary to carry out that action, to the extent necessary to address the impacts of drought.

(c)State and local agencies shall maintain on their internet websites a list of all activities or approvals to which this section applies.

(b) The Judicial Council shall adopt a rule of court to establish procedures that require actions or proceedings brought to attack, review, set aside, void, or annul the certification of an environmental impact report for a project or the granting of any project approvals that require the actions or proceedings, including any potential appeals to the court of appeal or the Supreme Court, to be resolved, to the extent feasible, within 270 days of the filing of the certified record of proceedings with the court.

SEC. 2.

 Section 114 is added to the Water Code, to read:

114.

 It is the policy of this state that, to help advance groundwater recharge projects, and to demonstrate the feasibility of projects that can use available high water flows to recharge local groundwater while minimizing flood risks, the board and the regional water quality control boards shall prioritize water right permits, water quality certifications, waste discharge requirements, and conditional waivers of waste discharge requirements to accelerate approvals for projects that enhance the ability of a local or state agency to capture high precipitation events for local storage or recharge, consistent with water right priorities and protections for fish and wildlife.

SEC. 3.Section 85225.1 is added to the Water Code, to read:

85225.1.

(a)This chapter does not apply to actions or permits described in subdivision (a) of Section 21080.08 of the Public Resources Code.

(b)State and local agencies shall maintain on their internet websites a list of all activities or approvals that are exempted from this chapter pursuant to this section.

SEC. 4.

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.