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AB-1613 Sacramento-San Joaquin Delta: Salinity Intrusion in the Delta Act.(2023-2024)



Current Version: 03/16/23 - Amended Assembly

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AB1613:v98#DOCUMENT

Amended  IN  Assembly  March 16, 2023

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1613

Introduced by Assembly Member Bains

February 17, 2023

An act to add Part 4.4 (commencing with Section 12100) to Division 6 of the Water Code, relating to water.


LEGISLATIVE COUNSEL'S DIGEST


AB 1613, as amended, Bains. Sacramento-San Joaquin Delta: saltwater intrusion. Salinity Intrusion in the Delta Act.
Existing law establishes in the Natural Resources Agency the Department of Water Resources. Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, declares that the Sacramento-San Joaquin Delta is a critically important natural resource for California and the nation.
This bill would enact the Salinity Intrusion in the Delta Act. The act would require the department to identify strategic locations in the Sacramento-San Joaquin River Delta where barriers could be constructed to combat salinity intrusion that would reduce the need to contaminate fresh water. The bill would require the department to, at a minimum, identify strategic locations in specified areas. The bill would require the department to consult with the State Water Resources Control Board, the Department of Fish and Wildlife, the federal Bureau of Reclamation, and the United States Fish and Wildlife Service in carrying out these provisions.
The bill would require, subject to an appropriation of funds by the Legislature, the department, in consultation with the State Water Resources Control Board, the Department of Fish and Wildlife, the federal Bureau of Reclamation, and the United States Fish and Wildlife Service, to construct, operate, and maintain barriers at the identified strategic locations. The bill would require the department to prioritize construction of barriers that maximize reductions in the need to contaminate fresh water with minimal adverse impact on the environment, native endangered species, and beneficial uses, especially during dry or drought years.
The bill would create the Salinity Barrier Construction Fund. The bill would specify that moneys in the fund would be available, upon appropriation by the Legislature, to the department for purposes of the act.

This bill would state the intent of the Legislature to enact future legislation requiring the Department of Water Resources to identify permanent and temporary salinity barriers that would reduce the amount of fresh water outflow required to combat saltwater intrusion into the Sacramento-San Joaquin Delta.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Part 4.4 (commencing with Section 12100) is added to Division 6 of the Water Code, to read:

PART 4.4. SALINITY INTRUSION IN THE DELTA ACT

CHAPTER  1. General Provisions

12100.
 This part shall be known, and may be cited, as the Salinity Intrusion in the Delta Act.

12101.
 Unless the context otherwise requires, the following definitions govern the construction of this part:
(a) “Barrier” means an operable or inoperable barrier capable of limiting or eliminating the intrusion of saltwater into fresh water.
(b) “Bureau” means the federal Bureau of Reclamation.
(c) “Contaminate” means to make fresh water brackish or salty.
(d) “Delta” means the Sacramento-San Joaquin River Delta.
(e) “Fish and Wildlife Service” means the United States Fish and Wildlife Service.
(f) “Strategic location” means a site where barriers could be constructed or deployed that would reduce or limit the need for fresh water to combat saltwater intrusion while minimizing damage to the environment, native endangered species, and beneficial uses.

CHAPTER  2. Modernization of Salinity Management
Article  1. General Provisions

12105.
 The department shall identify strategic locations in the delta where barriers could be constructed to combat salinity intrusion that would reduce the need to contaminate fresh water.

12106.
 In order to comply with the provisions of this article, the department shall consult with the board, bureau, Department of Fish and Wildlife, and Fish and Wildlife Service.

12107.
 The department shall, at a minimum, identify strategic locations in all of the following areas:
(a) Threemile Slough.
(b) Dutch Slough.
(c) West False River.
(d) Dutch Slough and West False River.
(e) West False River and Fishermans Cut.
(f) Old River near Franks Tract.
(g) 2-Gates Fish Protection Demonstration Project sites (Old River and Connection Slough).
(h) Sutter Slough, Steamboat Slough, and West False River.
(i) Sutter Slough, Steamboat Slough, and 2-Gates Fish Protection Demonstration Project site.
(j) Threemile Slough and West False River.
(k) Threemile Slough and 2-Gates Fish Protection Demonstration Project sites.
(l) Old River at Bacon Island.
(m) Old River upstream of Indian Slough.
(n) San Joaquin River below head of Old River.

Article  2. Construction of Strategic Location Salinity Barriers

12110.
 Subject to an appropriation of funds by the Legislature for this purpose, the department, in consultation with the board, bureau, Department of Fish and Wildlife, and Fish and Wildlife Service, shall construct, operate, and maintain barriers at strategic locations described in Section 12107 in the delta.

12111.
 The department shall prioritize construction of barriers that maximize reductions in the need to contaminate fresh water with minimal adverse impact on the environment, native endangered species, and beneficial uses, especially during dry or drought years.

CHAPTER  3. Salinity Barrier Construction Fund

12120.
 The Salinity Barrier Construction Fund is hereby created in the State Treasury. All moneys in the fund are available, upon appropriation by the Legislature, to the department for the purposes of this part.

12121.
 The Department of Finance shall develop a standardized agreement to allow for the voluntary donation to the fund by any person, educational institution, governmental entity, corporation or other business entity, or organization.

SECTION 1.

It is the intent of the Legislature to enact future legislation requiring the Department of Water Resources to identify permanent and temporary salinity barriers that would reduce the amount of fresh water outflow required to combat saltwater intrusion into the Sacramento-San Joaquin Delta.