Calfed Bay-delta Ecosystem Restoration Program - - CA Water

Section § 78684

This section defines key terms used for understanding the laws related to the Bay-Delta Ecosystem Restoration. The 'Account' refers to a specific fund for ecosystem projects. The 'bay-delta ecosystem' covers the bay-delta area and its tributary watersheds. The 'CALFED Bay-Delta Program' is an initiative to develop projects that address problems within this ecosystem. 'Eligible projects' are those that aim to improve aquatic and terrestrial habitats, such as restoring wetlands or enhancing fish management, but exclude projects like water conveyance facilities.

Eligible projects must be part of a major environmental assessment (EIS/EIR) focused on ecosystem restoration. This assessment outlines which projects improve ecological functions and cannot include projects designed to mitigate negative impacts from other parts of the CALFED program.

Unless the context otherwise requires, all of the following definitions govern the construction of this chapter.

(a) “Account” means the Bay-Delta Ecosystem Restoration Account created by Section 78684.6.

(b) “Bay-delta ecosystem” means the bay-delta and its tributary watersheds.

(c) “CALFED Bay-Delta Program” or “program” means the undertaking by CALFED to develop, by means of the programmatic EIS/EIR, a preferred alternative of programs, actions, projects, and related activities which will provide solutions to identified problem areas related to the bay-delta ecosystem.

(d)

(1) “Eligible project” means a project or program, or an element of a project or program, identified in the final programmatic EIS/EIR, that is intended to improve and increase aquatic and terrestrial habitats and improve ecological functions in the bay-delta ecosystem.

(2) Eligible projects may include, but are not limited to, projects or programs with any of the following purposes:

(A) The protection and enhancement of existing habitat.

(B) The restoration of tidal, shallow water, riparian, riverine, wetlands, and other habitats.

(D) The acquisition of water for instream flow improvements.

(E) Improved habitat management.

(F) Improved management of introduced species.

(G) Improved fish protection and management.

(3) Eligible projects shall not include any of the following:

(A) Any water conveyance facilities.

(B) Any component of the CALFED Bay-Delta Program that is not identified in the final programmatic EIS/EIR as a component of the ecosystem restoration element.

(C) Any programs or projects undertaken to offset or avoid adverse environmental conditions which the final programmatic EIS/EIR determines would be caused by the construction, operation, or implementation of any element of the CALFED Bay-Delta Program other than the ecosystem restoration element.

(e) “Programmatic EIS/EIR” means the programmatic environmental impact statement/environmental impact report that is prepared by CALFED for the CALFED Bay-Delta Program.

Bay-Delta Ecosystem Ecosystem Restoration CALFED Bay-Delta Program Environmental Impact Report Habitat Protection Wetlands Restoration Instream Flow Improvements Species Management Fish Protection Tidal Habitat Riparian Habitats Water Acquisition Wetlands Protection Ecological Functions Terrestrial Habitats

(Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)

Section § 78684.10

This law states that money from a specific account can't be used until certain conditions are met. First, a detailed environmental study must be approved by state and federal agencies. Then, a cost-sharing deal needs to be made between California and the U.S., where both agree to split the costs of approved projects.

No funds in the account may be expended until all of the following conditions have been met:

(a) The final programmatic EIS/EIR has been certified by the state lead agency and a notice of determination has been issued as required by Division 13 (commencing with Section 21000) of the Public Resources Code.

(b) The identical final programmatic EIS/EIR has been filed by the federal lead agencies with the Environmental Protection Agency, the required notice has been published in the Federal Register, and there has been federal approval of the identical program approved by the state.

(c) A cost-sharing agreement has been entered into by the State of California and the United States, pursuant to which the United States agrees to share in the costs of eligible projects.

environmental impact study programmatic EIS/EIR state lead agency certification notice of determination Public Resources Code federal lead agencies Environmental Protection Agency Federal Register federal approval cost-sharing agreement eligible projects state and federal cooperation fund allocation conditions

(Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)

Section § 78684.12

This law outlines how funds for the CALFED Bay-Delta Program should be used to ensure timely and effective implementation. After meeting initial requirements, funds will be used according to a set schedule unless the Secretary of the Resources Agency finds the schedule is not followed.

Each year, before November 15, the schedule is reviewed with state and federal representatives. The lack of funds from other sources doesn't affect this schedule.

If the schedule falls behind, a new one must be made. This new schedule must promote balanced solutions in areas like ecosystem restoration and water supply. Funds remain available unless a revised schedule isn't ready within six months of the Secretary's determination.

Decisions about fund use follow CALFED's established procedures for ecosystem restoration.

Due to the importance of issuing permits and otherwise expediting all elements of the CALFED Bay-Delta Program in a timely and balanced manner, the following procedures apply to the use of funds authorized by this chapter:

(a) After the requirements set forth in Section 78684.10 are met, funds in the account shall become available for use in accordance with the schedule for eligible projects set forth in the final programmatic EIS/EIR, unless and until the Secretary of the Resources Agency determines that the schedule established in the final programmatic EIS/EIR has not been substantially adhered to.

(b) Prior to November 15 of each year, the Secretary of the Resources Agency, in consultation with state and federal CALFED representatives and other interested persons and agencies, shall review adherence to the schedule.

(c) The absence of funding from nonfederal or nonstate sources shall not be a basis for a determination that the schedule has not been adhered to.

(d) If, at the conclusion of each annual review, the Secretary of the Resources Agency determines that the schedule established in the final programmatic EIS/EIR, or a revised schedule prepared pursuant to this subdivision, has not been substantially adhered to, the secretary, after notice to, and consultation with, state and federal CALFED representatives and other interested persons and agencies, shall prepare a revised schedule that ensures that balanced solutions in all identified problem areas, including ecosystem restoration, water supply, water quality, and system integrity are achieved, consistent with the intent of the final programmatic EIS/EIR. Funds shall be available for expenditure unless a revised schedule has not been developed within six months from the date on which the secretary determines that the prior schedule has not been substantially adhered to. Upon the preparation of any revised schedule under this subdivision, funds shall be expended in accordance with that revised schedule.

(e) Specific project and program decisions involving the expenditure of funds in the account shall be made in accordance with the procedures established by CALFED for the ecosystem restoration program.

CALFED Bay-Delta Program funding schedule Secretary of the Resources Agency programmatic EIS/EIR ecosystem restoration water supply water quality system integrity annual review consultation with representatives nonfederal funding nonstate funding revised schedule project decisions program decisions

(Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)

Section § 78684.14

This law states that only up to 3% of the money deposited in the account can be used for administrative costs related to managing this chapter.

Not more than 3 percent of the total amount deposited in the account may be used to pay the costs incurred in connection with the administration of this chapter.

3 percent limit administrative costs account deposits cost management budget allocation fund usage restriction administration expenses financial oversight expenditure cap fiscal management rules

(Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)

Section § 78684.2

This section highlights the importance of the CALFED Bay-Delta Program, which is working on a long-term plan to resolve issues with ecosystem restoration, water quality, and water supply in the bay-delta ecosystem. It's a big deal not just for California, but for the whole country, so the state should help fund these important projects. The plan will come with a schedule for funding and making sure all parts of the plan are put into action. Overall, the program aims to find balanced solutions for the ecosystem, water supply, water quality, and keeping the system working smoothly.

The Legislature hereby finds and declares all of the following:

(a) CALFED is in the process of preparing a programmatic EIS/EIR for a long-term comprehensive plan that will resolve problems related to ecosystem restoration, water quality, water supplies, and water management for beneficial uses of the bay-delta ecosystem, and system integrity.

(b) The CALFED Bay-Delta Program, to the extent that it relates to restoration in the bay-delta ecosystem, is of statewide and national importance. The state should participate in the funding of eligible projects as a part of its ongoing program to improve environmental conditions in the bay-delta ecosystem.

(c) The programmatic EIS/EIR will include a schedule for funding and implementing all elements of the long-term comprehensive plan.

(d) The CALFED Bay-Delta Program elements will achieve balanced solutions in all identified problem areas, including the ecosystem, water supply, water quality, and system integrity.

CALFED Bay-Delta Program bay-delta ecosystem ecosystem restoration water quality water supply system integrity programmatic EIS/EIR funding schedule statewide importance national importance environmental conditions beneficial uses comprehensive plan balanced solutions

(Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)

Section § 78684.4

This section makes it clear that this chapter does not give permission to start the CALFED Bay-Delta Program. Any action related to this program can only be taken if there is legal authority from a different law.

This chapter does not authorize implementation of the CALFED Bay-Delta Program or any element of the program. The implementation of the CALFED Bay-Delta Program, or any element of the program, shall only be undertaken pursuant to authority provided by law other than this division.

CALFED Bay-Delta Program implementation legal authority Bay-Delta division exclusion water management program environmental program authority program authorization state water resources legal authorization requirement

(Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)

Section § 78684.6

This section establishes the Bay-Delta Ecosystem Restoration Account, allocating $390 million from a fund to support eligible environmental projects. This money can be used without the usual annual budgeting restrictions to help protect and restore the Bay-Delta ecosystem.

(a) The Bay-Delta Ecosystem Restoration Account is hereby created in the fund for the purpose of funding eligible projects. The sum of three hundred ninety million dollars ($390,000,000) is hereby transferred from the fund to the account.

(b) Notwithstanding Section 13340 of the Government Code, the money in the account is hereby continuously appropriated, without regard to fiscal years, to the Resources Agency for the purposes set forth in this chapter, and for the administration of this chapter.

Bay-Delta Ecosystem Restoration environmental projects funding allocation resources management continuous appropriation conservation funding Bay-Delta protection California water resources environmental sustainability government funding resource preservation ecological projects resource agency account funding

(Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)

Section § 78684.8

This law states that the Secretary of the Resources Agency is responsible for executing the chapter's ecosystem restoration projects according to CALFED's procedures. This will continue until the Legislature decides by law to authorize another entity, which CALFED recommends, to take over these duties.

The Secretary of the Resources Agency shall carry out this chapter in accordance with procedures established by CALFED for the purposes of ecosystem restoration until the Legislature, by statute, authorizes another entity, that is recommended by CALFED, to carry out this chapter.

Secretary of the Resources Agency CALFED ecosystem restoration legislature authorization entity successor environmental procedures resource management California water policy restoration efforts statutory authorization CALFED recommendation ecosystem projects natural resources agency responsibilities environmental law

(Added by Stats. 1996, Ch. 135, Sec. 1. Approved in Proposition 204 at the November 5, 1996, election.)