Currrent as of February 4, 2022

Assembly Bill No. 979


Introduced by Assembly Member Frazier


February 18, 2021

An act to add Section 85035 to the Water Code, relating to the Sacramento-San Joaquin Delta.

LEGISLATIVE COUNSEL’S DIGEST

AB 979, as amended, Frazier.  Sacramento-San Joaquin Delta: projects: sea level rise analysis report.

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.

This bill would require any individual or entity that undertakes a project, as defined, within the Delta to complete a report analyzing the impact of sea level rise on the project. The bill would require the report to include a specified sea level rise analysis, and would require the report to be submitted to the Delta Stewardship Council, the Delta Protection Commission, and the Legislature. The bill would require the report to be posted on the internet websites of the Delta Stewardship Council and the Delta Protection Commission.

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: no


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

SECTION 1.

Section 85035 is added to the Water Code, immediately after Section 85034, to read:

85035.

(a) Any individual or entity that undertakes a project within the Delta shall complete a report analyzing the impact of sea level rise on the project.

(b) The report required pursuant to this section shall contain, at a minimum, an analysis based on the sea level rise scenarios contained in the Ocean Protection Council’s Sea-Level Rise Guidance 2018 Update document. More probable or more severe sea level rise scenarios may also be included in the report.

(c) (1) Notwithstanding Section 10231.5 of the Government Code, the report required pursuant to this section shall be submitted to the Delta Stewardship Council, the Delta Protection Commission, and the Legislature, in compliance with Section 9795 of the Government Code.

(2) The report shall be posted on the internet websites of both the Delta Stewardship Council and the Delta Protection Commission.

(d) For the purposes of this section, “project” has the same meaning as defined in Section 21065 of the Public Resources Code.

(e) Nothing in this section shall be construed to abridge any existing law, including, but not limited to, the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992 (Division 19.5 (commencing with Section 29700) of the Public Resources Code).


AB 979 California