(a)CA 水法典 Code § 85057.5(a) “Covered action” means a plan, program, or project as defined pursuant to Section 21065 of the Public Resources Code that meets all of the following conditions:
(1)CA 水法典 Code § 85057.5(a)(1) Will occur, in whole or in part, within the boundaries of the Delta or Suisun Marsh.
(2)CA 水法典 Code § 85057.5(a)(2) Will be carried out, approved, or funded by the state or a local public agency.
(3)CA 水法典 Code § 85057.5(a)(3) Is covered by one or more provisions of the Delta Plan.
(4)CA 水法典 Code § 85057.5(a)(4) Will have a significant impact on achievement of one or both of the coequal goals or the implementation of government-sponsored flood control programs to reduce risks to people,
property, and state interests in the Delta.
(b)CA 水法典 Code § 85057.5(b) “Covered action” does not include any of the following:
(1)CA 水法典 Code § 85057.5(b)(1) A regulatory action of a state agency.
(2)CA 水法典 Code § 85057.5(b)(2) Routine maintenance and operation of the State Water Project or the federal Central Valley Project.
(3)CA 水法典 Code § 85057.5(b)(3) Regional transportation plans prepared pursuant to Section 65080 of the Government Code.
(4)CA 水法典 Code § 85057.5(b)(4) A plan, program, project, or activity within the secondary zone of the Delta that the applicable metropolitan planning organization pursuant to Section 65080 of the Government Code has determined is consistent with either a sustainable communities strategy or an alternative planning strategy that the State Air Resources Board has determined would,
if implemented, achieve the greenhouse gas emission reduction targets established by that board pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 65080 of the Government Code. For purposes of this paragraph, “consistent with” means consistent with the use designation, density, building intensity, transportation plan, and applicable policies specified for the area in the sustainable communities strategy or the alternative planning strategy, as applicable, and any infrastructure necessary to support the plan, program, project, or activity.
(5)CA 水法典 Code § 85057.5(b)(5) Routine maintenance and operation of a facility located, in whole or in part, in the Delta, that is owned or operated by a local public agency.
(6)CA 水法典 Code § 85057.5(b)(6) A plan, program, project, or activity that occurs, in whole or in part, in the Delta, if both of the following conditions are met:
(A)CA 水法典 Code § 85057.5(b)(6)(A) The plan, program, project, or activity is undertaken by a local public agency that is located, in whole or in part, in the Delta.
(B)CA 水法典 Code § 85057.5(b)(6)(B) Either a notice of determination is filed, pursuant to Section 21152 of the Public Resources Code, for the plan, program, project, or activity by, or the plan, program, project, or activity is fully permitted by, September 30, 2009.
(7)Copy CA 水法典 Code § 85057.5(b)(7)
(A)Copy CA 水法典 Code § 85057.5(b)(7)(A) A project within the secondary zone, as defined pursuant to Section 29731 of the Public Resources Code as of January 1, 2009, for which a notice of approval or determination pursuant to Section 21152 of the Public Resources Code has been filed before the date on which the Delta Plan becomes effective.
(B)CA 水法典 Code § 85057.5(b)(7)(A)(B) A project for which a notice of approval or determination
is filed on or after the date on which the final Bay Delta Conservation Plan becomes effective, and before the date on which the Delta Plan becomes effective, is not a covered action but shall be consistent with the Bay Delta Conservation Plan.
(C)CA 水法典 Code § 85057.5(b)(7)(A)(C) Subparagraphs (A) and (B) do not apply to either of the following:
(i)CA 水法典 Code § 85057.5(b)(7)(A)(C)(i) A project that is within a Restoration Opportunity Area as shown in Figure 3.1 of Chapter 3: Draft Conservation Strategy of the Bay Delta Conservation Plan, August 3, 2009, or as shown in a final Bay Delta Conservation Plan.
(ii)CA 水法典 Code § 85057.5(b)(7)(A)(C)(ii) A project that is within the alignment of a conveyance facility as shown in Figures 1 to 5, inclusive, of the Final Draft Initial Assessment of Dual Delta Water Conveyance Report, April 23, 2008, and in future revisions of this document by the department.
(8)CA 水法典 Code § 85057.5(b)(8) Leases approved by a special district if all of the following apply:
(A)CA 水法典 Code § 85057.5(b)(8)(A) The uses proposed by the lease are authorized by the applicable general plan and zoning ordinances of the city where the special district is located.
(B)CA 水法典 Code § 85057.5(b)(8)(B) The uses proposed by the lease are approved by the city where the special district is located and the city complies with Chapter 3 (commencing with Section 85225) of Part 3, if applicable, prior to approval of the lease by the special district.
(C)CA 水法典 Code § 85057.5(b)(8)(C) The special district complies with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) prior to approving the lease.
(9)Copy CA 水法典 Code § 85057.5(b)(9)
(A)Copy CA 水法典 Code § 85057.5(b)(9)(A) Routine
dredging activities that are necessary for maintenance of facilities operated by a special district.
(B)CA 水法典 Code § 85057.5(b)(9)(A)(B) 就本款而言,“例行疏浚活动”仅限于以下各项:
(i)CA 水法典 Code § 85057.5(b)(9)(A)(B)(i) 在圣华金河汇合处的泥沙陷阱中,将斯托克顿深水航道维护在40英尺的深度(河里里程39.3至河里里程40.2之间),并将斯托克顿深水航道的其余部分维护在35英尺的深度,外加2英尺的超挖深度(河里里程35至河里里程43之间)。
(ii)CA 水法典 Code § 85057.5(b)(9)(A)(B)(ii) 将萨克拉门托深水航道维护在30英尺的深度,外加2英尺的超挖深度(河里里程0.0至河里里程30之间),以及在35英尺的深度(河里里程35至河里里程43之间)。
(C)CA 水法典 Code § 85057.5(b)(9)(A)(C) 除本细分条款另有规定外,立法机关的意图是,本豁免不应被解释或视为改变或修改适用于批准疏浚作业决定的现有实体和程序性法规。
(c)CA 水法典 Code § 85057.5(c) 就本条而言,“特别区”指斯托克顿港或西萨克拉门托港。
(d)CA 水法典 Code § 85057.5(d) 本条不应被解释为授权废除通过成文法或普通法产生的既得权利。