HomeMy WebLinkAboutAgenda Report - May 3, 2023 C-10CITY OF AGENDA ITEM1010
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CALIFORNIA
COUNCIL COMMUNICATION
AGENDA TITLE: Receive Report Regarding Communication Supporting Senate Bill 687 (Eggman) —
Bay -Delta Plan Update: Delta Conveyance Project
MEETING DATE: May 3, 2023
PREPARED BY: City Clerk
RECOMMENDED ACTION: Receive report regarding communication supporting Senate Bill 687
(Eggman) — Bay -Delta Plan Update: Delta Conveyance Project.
BACKGROUND INFORMATION: The City was asked to provide a letter of support for Senate Bill 687
(Eggman) — Bay -Delta Plan Update: Delta Conveyance Project. SB 687
would require the State Water Resources Control Board (SWRCB) to
update the Bay -Delta Plan before considering a change in point of diversion associated with the Delta
Conveyance Project and would prevent the Delta Conveyance Project from operating unless and until the
updated Bay -Delta Plan is fully implemented. Updating the Bay -Delta Plan prior to the SWRCB's consideration
of the Delta Conveyance Project is critical to protecting Delta communities. An updated Plan is an important
tool to protect the water quality of the Delta for farms and cities who rely on these vital resources.
A copy of SB 687, the fact sheet, and the signed support letter are attached.
FISCAL IMPACT: Not Applicable
FUNDING AVAILABLE: Not Applicable
.via Nashed (Apr 25, 2023 13:13 PDT)
Olivia Nashed
City Clerk
APPROVED: Steve5c4 uer(Apr 25 202316:59 PDT)
Stephen Schwabauer, City Manager
AMENDED IN SENATE APRIL 12, 2023
AMENDED IN SENATE MARCH 20, 2023
SENATE BILL No. 687
Introduced by Senator Eggman
February 16, 2023
An act to add Section 85090 to the Water Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 687, as amended, Eggman. Water Quality Control Plan: Delta
Conveyance Project.
Existing law establishes the State Water Resources Control Board
and the 9 California regional water quality control boards as the principal
state agencies with authority over matters relating to water quality.
Existing law requires the state board to formulate and adopt state policy
for water quality control. Existing law authorizes the state board to
adopt water quality control plans for waters that require water quality
standards pursuant to the Federal Water Pollution Control Act, and
provides that those plans supersede any regional water quality control
plans for the same waters to the extent of any conflict.
This bill would require the board to adopt a final update of the 1995
Water Quality Control Plan for the San Francisco Bay/Sacramento-San
Joaquin Delta Estuary, as provided, before the board may consider a
change in point diversion or any other water rights permit or order
assoeiated for the Delta Conveyance Project. The bill would also,
if, after completing the update of the plan and in compliance with
existing law, the board approves a change in point of diversion or any
other water rights permit or order associated with the Delta Conveyance
Project, prohibit the operation of the Delta Conveyance Project unless
and until the updated plan is fully implemented. The bill would specify
97
SB 687
—2—
that these provisions do not constitute an authorization for or approval
of funding for the Delta Conveyance or any other isolated Delta
conveyance project and do not reduce any statutory or other regulatory
conditions or permit requirements for Delta Conveyance projects.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 85090 is added to the Water Code, to
2 read:
3 85090. (a) Before the board may consider a change in point
4 diversion or other water rights permit or order assoe ate -- =`'- for
5 the Delta Conveyance Project, or any other isolated Delta
6 conveyance project, the board shall first adopt a final update of
7 the 1995 Water Quality Control Plan for the San Francisco
8 Bay/Sacramento-San Joaquin Delta Estuary adopted by the board
9 in Resolution No. 95-24 on May 22, 1995, as amended by the 2006
10 amendment adopted by the board in Resolution No. 2006-0098 on
11 December 13, 2006, and as amended by the 2018 amendment
12 adopted by the board in Resolution No. 2018-0059 on December
13 12, 2018, including its update of water quality objectives for the
14 Sacramento River, Delta, and tributaries.
15 (b) If, after completing the update of the water quality control
16 plan required in subdivision (a) and in compliance with existing
17 law, the board approves a change in point of diversion or other
18 water rights permit or order approving for the Delta Conveyance
19 Project, the Delta Conveyance Project shall not be operated unless
20 and until the updated water quality control plan for the San
21 Francisco Bay/Sacramento-San Joaquin Delta Estuary, including
22 the update required by subdivision (a) and the amendments
23 referenced or amendments thereto, is fully implemented.
24 (c) Nothing in this section shall constitute an authorization for
25 or approval of funding for the Delta Conveyance or any other
26 isolated Delta conveyance project and shall not reduce any statutory
27 or other regulatory conditions or permit requirements for Delta
28 Conveyance projects.
97
— 3 — SB 687
(d) This section shall not be construed as creating any authority
for the department to build any isolated Delta conveyance facilities.
Al
97
^ SUSAN TALAMANTES EGGMAN
' REPRESENTING SENATE DISTRICT 05
SB 687 - Bay -Delta Plan Update: Delta Conveyance Project
SUMMARY
SB 687 requires that before the State Water
Resources Control Board (the Board) can consider
a change in point of diversion or other permit for
the Delta Conveyance Project, the Board must
complete the statutorily required update to the
Bay -Delta Water Quality Control Plan (Bay -Delta
Plan). It also prohibits operation of any Delta
Conveyance Project unless the Bay -Delta Plan is
fully implemented.
BACKGROUND
Water quality control plans, like the Bay -Delta Plan,
identify beneficial uses that must be protected,
establish water quality objectives to protect those
uses, and establish a program of implementation to
achieve those objectives. The Bay -Delta Plan
includes water quality objectives to maintain water
quality in the Delta for farms, cities, and the
environment.
The Bay -Delta Plan was first adopted in 1978, and
was significantly revised in 1995, with minor
revisions made in 2006. The 2006 revisions
identified emerging issues that would need to be
addressed through a comprehensive update, such
as establishing San Joaquin River flows and
addressing Delta salinity. In 2008, the Board began
the process of updating the Bay -Delta Plan, and
after a decade of public process in 2018, the Board
adopted updated flow and water quality
requirements for the Lower San Joaquin River and
its tributaries (the Stanislaus, Tuolumne, and
Merced Rivers). However, the Board has not
completed the update of the Bay -Delta Plan, nor
have they implemented it.
To protect ratepayers, the estuary, and
communities in the Delta, the Board must complete
its update of the Bay -Delta Plan before evaluating a
change in point of diversion permit to authorize the
Delta Conveyance Project.
Updating the Bay -Delta Plan is critical to protecting
Delta communities, Tribes, and fishermen who
depend on the Delta. An updated Bay -Delta Plan is
an important tool to protect the water quality of the
Delta for farms and cities who rely on these vital
resources, which is threatened by the proliferation
of harmful algal blooms, saltwater intrusion, and
other sources of pollution.
Additionally, the updated Bay -Delta Plan is
important to ratepayers who are considering
whether to pay to construct the Delta Conveyance
Project. An updated Bay -Delta Plan allows
ratepayers to understand how much water the
project is likely to deliver and the cost-
effectiveness of the multi -billion dollar investment.
An updated Bay -Delta Plan should also speed up
permitting of other water infrastructure projects in
the Bay -Delta, as the lack of updated flow and
water quality requirements currently results in a
more prolonged process to permit new
infrastructure projects.
SB 687 has been narrowly crafted so that no other
water rights or projects within the Delta are
affected. The goal is to ensure that the Delta
Conveyance Project does not further degrade
water quality in the Delta. This bill also does not
grant the State any authorization to fund or build
this version of the Delta Conveyance project, or any
future isolated Delta conveyance project.
THIS BILL
SB 687 would require the Board to update the Bay -
Delta Plan before considering a change in point of
diversion permit associated with the Delta
Conveyance Project, and would also prevent the
Delta Conveyance Project from operating to divert
water from the Delta unless the updated Bay -Delta
Plan is fully implemented.
SUPPORT
Black Urban Farmers Association
California Hispanic Chambers of Commerce
California Sportfishing Protection Alliance
Contra Costa County
Defenders of Wildlife
Delta Counties Coalition
Friends of the River
Golden State Salmon Association
Iglesia Luterana Santa Maria Peregrina
Office of Senator Susan Talamantes Eggman • Senate Bill 687 Fact Sheet
SUSAN TALAMANTES EGGMAN
REPRESENTING; SENATE DISTRICT DS
SB 687 - Bay -Delta Plan Update: Delta Conveyance Project
Little Manila Rising
Natural Resources Defense Council
Nopal Stockton
Pacific Coast Federation of Fishermen's
Assocations
Public Health Advocates
Reinvent Stockton Foundation
Restore the Delta
Sacramento County
San Francisco Baykeeper
San Joaquin County
San Joaquin County Historical Museum
San Joaqun Partnership
Solano County
With our Words
Yolo County
FOR MORE INFORMATION
Office of Senator Eggman
David Stammerjohan
David. Stammerj ohan@sen.ca.gov
916.651.4005
Office of Senator Eggman
Lilliana Udang
Lilliana.Udang@sen.ca.gov
209.472-9535
Office of Senator Susan Talamantes Eggman • Senate Bill 687 Fact Sheet
CITY COUNCIL
Mikey Hothi, Mayor
Lisa Craig, Mayor Pro Tempore
Cameron Bregman
Alan Nakanishi
Ramon Yepez
April 19, 2023
The Honorable Ben Allen
Senate Environmental Quality Committee
State Capitol, Suite
Sacramento, CA 95814
CITY OF
;r o Z
CALIFORNIA
Stephen Schwabauer
City Manager
Olivia Nashed
City Clerk
Janice D. Magdich
City Attorney
RE: SB 687 (Eggman): Water Quality Control Plan: Delta Conveyance Project - SUPPORT
Dear Senator Allen,
I am writing to express City of Lodi's support for Senator Eggman's SB 687, a bill that would require the State Water
Resources Control Board to update the Bay -Delta Plan before considering a change in point of diversion permit
associated with the Delta Conveyance Project, and would prevent the Delta Conveyance Project from operating to
divert water from the Delta unless the updated Bay -Delta Plan is fully implemented.
Updating the Bay -Delta Plan is critical to protecting Delta communities, Tribes, and fishermen who depend on the
Delta. An updated Bay -Delta Plan is an important tool to protect the water quality of the Delta for farms and cities
who rely on these vital resources, which is threatened by the proliferation of harmful algal blooms, saltwater
intrusion, and other sources of pollution.
In 2008, the Board began the process of updating the Bay -Delta Plan, and after a decade of public process in 2018,
the Board adopted updated flow and water quality requirements for the Lower San Joaquin River and its tributaries
(the Stanislaus, Tuolumne, and Merced Rivers). However, the Board has not completed the update of the Bay -Delta
Plan, nor have they implemented it.
At this stage of the process, it is unclear how, when, or even if the Bay -Delta Plan will be updated before diversion
permits could be considered. It is crucial that the Bay Delta Plan be updated prior to large scale diversions of water
being approved through the Delta Conveyance project so as to avoid further harm to the Delta and the surrounding
communities who rely on it.
SB 687 has been narrowly crafted so that the only water rights that may potentially be halted are those associated
with the Delta Conveyance project. The goal of the bill is to ensure that the Delta Conveyance Project does not
further degrade water quality in the Delta and that any diversion permit granted comports with the scientific basis
found within the updated and implemented Bay -Delta Plan.
City of Lodi respectfully requests an AYE vote when SB 687 is considered in the Senate Environmental Quality
Committee. Thank you for your consideration.
Sincerely,
yzzC _?
Lisa Craig
Mayor Pro Tempore
City of Lodi
City Hall, 221 W. Pine Street, Lodi, CA 95240 • (209) 333-6702 / Fax (209) 333-6807 9 Lodi.gov • cityclerk@lodi.gov