Bill Text: CA SB651 | 2023-2024 | Regular Session | Amended
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 |
Introduced by Senator Grove (Coauthors: Senators Niello and Seyarto) (Coauthors: Assembly Members Alanis, Dixon, Rodriguez, and Ta) |
February 16, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program:Bill Text
The people of the State of California do enact as follows:
(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:(b)This division does not apply to a(c)State and local agencies shall maintain on their internet websites a list of all activities or approvals to which this section applies.
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.(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.
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.