HomeMy WebLinkAbout14 LEGISLATIVE REPORT-AB 1594• Agenda Item 14
_~---~- ~ AGENDA REPORT Reviewed:
City Manager
Finance Director N/A
MEETING DATE: MARCH 16, 2010
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: DOUGLAS S. STACK, ACTING DIRECTOR OF PUBLIC WORKS/CITY ENGINEER
SUBJECT: LEGISLATIVE REPORT - AB 1594 (HUBER) SACRAMENTO-SAN JOAQUIN
DELTA: PERIPHERAL CANAL
SUMMARY
AB 1594 would prohibit the construction of a peripheral canal that conveys water from a diversion
point in the Sacramento River to a location south of the Sacramento-San Joaquin Delta, unless
expressly authorized by the Legislature. Staff is recommending that a letter be sent to legislators
expressing the City's concerns.
RECOMMENDATION
It is recommended that the City Council send a letter to the bill's author, the Chair of the Assembly
Committee on Water, Parks & Wildlife and the Tustin legislative delegation, including the
Governor's Office, expressing opposition to AB 1594 (Huber).
FISCAL IMPACT
There is no fiscal impact associated with this item.
DISCUSSION
Pursuant to a request by Mayor Amante, staff has reviewed AB-1594 (Huber). AB 1594, as
proposed; would prohibit construction of a peripheral canal, as defined, that convey water from a
diversion point in the Sacramento River to pumping facilities of the State Water Project or federal
Central Valley Project south of the Sacramento-San Joaquin Delta, without the express
authorization of the State Legislature. The bill would also require the Legislative Analyst's Office to
complete an economic feasibility analysis prior to the enactment of a statute authorizing the
construction of a peripheral canal. Furthermore, AB 1594 would require that the construction and
operation of peripheral canal not diminish or negatively affect the water supplies, water rights, or
quality of water for water users within the Sacramento-San Joaquin Delta watershed.
AB 1594 directly competes with the objectives addressed in the Delta Reform Legislation and the
framework of the Bay Delta Conservation Plan (BDCP) currently under development. The Delta
Reform Legislation passed in November 2009 specifically identifies the BDCP as the instrument for
determining the alignment of any future conveyance method. Implementation of AB 1594 would
further complicate and delay reliable methods for conveying water to Southern California and
further exasperate an already exhaustive process for developing long term solutions.
LEGISLATIVE REPORT - AB 1594(Huber)
March 16, 2010
Page 2
This bill was introduced on January 4, 2010 and has been assigned to the Assembly Committee on
Water, Parks & Wildlife. The bill has not yet been scheduled for a hearing.
~s S. Stack, P.E.
Director of Public Works/City Engineer
Attachment: AB-1594(Huber)
V~ on im
IV~anagement Analyst
S:\City Council Items\2010 Council Items\Legislation - AB 1594 (Huber).docx
CALIFORNIA LEGISLATURE-2009-10 REGULAR SESSION
ASSEMBLY BILL
No. 1594
Introduced by Assembly Member Huber
(Coauthors: Assembly Members Chesbro, Fong, Gaines, Torlakson,
and Yamada)
January 4, 2010
An act to add Chapter 1.5 (commencing with Section 115) to Division
1 of the Water Code, relating to the Sacramento-San Joaquin Delta.
LEGISLATIVE COUNSEL'S DIGEST
AB 1594, as introduced, Huber. Sacramento-San Joaquin Delta:
peripheral canal.
Existing law requires various state agencies to administer programs
relating to water supply, water quality, and flood management in the
Sacramento-San Joaquin Delta.
This bill would prohibit the construction of a peripheral canal, as
defined, that conveys water from a diversion point in the Sacramento
River to a location south of the Sacramento-San Joaquin Delta, unless
expressly authorized by the Legislature. The bill would require the
Legislative Analyst's Office to complete an economic feasibility analysis
prior to the enactment of a statute authorizing the construction of a
peripheral canal. The bill would also require that the construction and
operation of a peripheral canal not diminish or negatively affect the
water supplies, water rights, or quality of water for water users within
the Sacramento-San Joaquin Delta watershed.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
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AB 1594
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The people of the State of California do enact as follows:
SECTION 1. Chapter 1.S (commencing with Section 11 S) is
added to Division 1 of the Water Code, to read:
CHAPTER I.S. PERIPHERAL CANAL
11 S. As used in this chapter, the following terms have the
following meanings:
(a) "Delta" means the Sacramento-San Joaquin Delta, as defined
in Section 12220.
(b) "Peripheral canal" means a facility or structure that conveys
water directly from a diversion point in the Sacramento River to
pumping facilities of the State Water Project or the federal Central
Valley Project south of the Delta.
116. (a) Notwithstanding any other law, a peripheral canal
shall not be constructed unless expressly authorized pursuant to a
statute enacted by the Legislature on or after the date on which
this section becomes effective.
(b) Prior to the enactment of any statute authorizing the
construction of a peripheral canal, the Legislative Analyst's Office
shall complete an economic feasibility analysis that includes both
of the following:
(1) The total cost of the construction project.
(2) Expected impacts of the construction project on taxpayers,
water ratepayers, and the General Fund.
118. Notwithstanding any other law, the construction and
operation of a peripheral canal shall not diminish or negatively
affect the water supplies, water rights, or quality of water for water
users within the Delta watershed.
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