California 2011-2012 Regular Session Status: Passed Assembly

AB 1095 — Sacramento-San Joaquin Delta Reform Act of 2009: covered actions.

Last action — In committee: Set second hearing. Failed passage. Reconsideration granted.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, establishes the Delta Stewardship Council as an independent agency of the state. Existing law requires a state or local public agency that proposes to take a covered action that will occur within the boundaries of the Delta or the Suisun Marsh to prepare, and submit to the council, a specified written certification of consistency with the Delta Plan prior to taking those actions. Existing law defines a "covered action" to mean a plan, program, or project, as specified. Existing law, the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992, requires the Delta Protection Commission to review and maintain a comprehensive long-term resource management plan for land uses within the primary zone, as defined, of the Delta. Existing law defines the secondary zone as all the Delta land and water area within the boundaries of the Delta not included within the primary zone, subject to the land use authority of local government, as prescribed. This bill would exclude from the definition of "covered action" any project, as defined, as of September 30, 2009, that is within an urban or urbanizing area within the Delta's secondary zone, within the boundaries of the community's adopted sphere of influence or urban limit line and substantially conforms with an adopted general plan. Existing law, the California Environmental Quality Act (CEQA) requires a lead agency to prepare and certify the completion of an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant impact on the environment or to adopt a negative declaration if it finds that the project will not have that effect. The National Environmental Policy Act (NEPA) requires federal agencies to prepare environmental assessments or environmental impact reports that contain statements of the environmental effects of proposed federal agency actions. This bill would exclude from the definition of "covered action" any upgrade to an existing drinking water, stormwater, or wastewater treatment, storage, or conveyance facility within the existing physical footprint or legal property boundaries, as applicable, of the facility, to meet a state or federal water quality compliance order, as specified. This bill would also exclude from the definition of "covered action" any flood control project undertaken within the Delta's secondary zone that is consistent with the Central Valley Flood Protection Act of 2008 and which would provide protection to an urban or urbanizing area or existing public infrastructure. These upgrades and projects would have to comply with CEQA or NEPA, or both.

Bill Text

Action History

  1. In committee: Set second hearing. Failed passage. Reconsideration granted.

  2. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  3. In committee: Set, first hearing. Hearing canceled at the request of author.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on N.R. & W.

  5. Re-referred to Com. on N.R. & W.

  6. Re-referred to Com. on RLS.

  7. Withdrawn from committee.

  8. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

  9. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

  10. Referred to Com. on E.Q.

  11. In Senate. Read first time. To Com. on RLS. for assignment.

  12. Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1804.)

  13. Read second time. Ordered to third reading.

  14. Read second time and amended. Ordered to second reading.

  15. From committee: Do pass as amended. (Ayes 17. Noes 0.) (May 27).

  16. In committee: Set, first hearing. Referred to APPR. suspense file.

  17. In committee: Hearing postponed by committee.

  18. From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 0.) (May 2). Re-referred to Com. on APPR.

  19. Re-referred to Com. on NAT. RES.

  20. From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

  21. Referred to Com. on NAT. RES.

  22. From printer. May be heard in committee March 22.

  23. Read first time. To print.

Sponsors

  • Buchanan · Primary
  • Galgiani · Cosponsor
  • Bill Berryhill · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 2 voted No

Sponsors (1)

  • Buchanan

Co-sponsors (2)

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 1095 BERRYHILL Assembly Third Reading

Passed 77 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 74003
Democratic 1000
Total 77003
% of votes cast 96%0%0%4%
How each member voted (80)
Member Party Vote
Hagman — Yea
Furutani — Yea
Garrick — Yea
John A. Pérez — Yea
Mitchell — Yea
Halderman — Yea
Atkins — Yea
Butler — Yea
Hill — Yea
Hueso — Yea
Huffman — Yea
Campos — Yea
Portantino — Yea
Knight — Yea
Cedillo — Yea
Allen — Yea
Ammiano — Yea
Bradford — Yea
Chesbro — Yea
Cook — Yea
Donnelly — Yea
Mendoza — Yea
Miller — Yea
Olsen — Yea
Perea — Yea
Skinner — Yea
Valadao — Yea
Wagner — Yea
Wieckowski — Yea
Williams — Yea
Bonilla — Yea
Galgiani — Yea
Fong — Yea
Fletcher — Yea
Gordon — Yea
Gorell — Not Voting
Hall — Not Voting
Hayashi — Yea
Lara — Yea
Beall — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Norby — Yea
Smyth — Yea
Torres — Yea
Achadjian — Yea
Alejo — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Jeffries — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Nestande — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Carter — Yea
Conway — Yea
Eng — Yea
Feuer — Yea
Davis — Yea
Dickinson — Yea
Fuentes — Yea
Gatto — Yea
Yamada — Not Voting
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended.

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Democratic 1000
Unaffiliated 16000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Fuentes — Yea
Mitchell — Yea
Gatto — Yea
Hall — Yea
Campos — Yea
Harkey — Yea
Hill — Yea
Lara — Yea
Donnelly — Yea
Blumenfield — Yea
Nielsen — Yea
Norby — Yea
Solorio — Yea
Wagner — Yea
Bradford — Yea
Davis — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

public-safety environment agriculture
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Frequently asked questions

What does AB 1095 do?
Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, establishes the Delta Stewardship Council as an independent agency of the state. Existing law requires a state or local public agency that proposes to take a covered action that will occur within the boundaries of the Delta or the Suisun Marsh to prepare, and submit to the council, a specified written certification of consistency with the Delta Plan prior to taking those actions. Existing law defines a "covered action" to mean a plan, program, or project, as specified. Existing law, the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992, requires the Delta Protection Commission to review and maintain a comprehensive long-term resource management plan for land uses within the primary zone, as defined, of the Delta. Existing law defines the secondary zone as all the Delta land and water area within the boundaries of the Delta not included within the primary zone, subject to the land use authority of local government, as prescribed. This bill would exclude from the definition of "covered action" any project, as defined, as of September 30, 2009, that is within an urban or urbanizing area within the Delta's secondary zone, within the boundaries of the community's adopted sphere of influence or urban limit line and substantially conforms with an adopted general plan. Existing law, the California Environmental Quality Act (CEQA) requires a lead agency to prepare and certify the completion of an environmental impact report on a project, as defined, that it proposes to carry out or approve that may have a significant impact on the environment or to adopt a negative declaration if it finds that the project will not have that effect. The National Environmental Policy Act (NEPA) requires federal agencies to prepare environmental assessments or environmental impact reports that contain statements of the environmental effects of proposed federal agency actions. This bill would exclude from the definition of "covered action" any upgrade to an existing drinking water, stormwater, or wastewater treatment, storage, or conveyance facility within the existing physical footprint or legal property boundaries, as applicable, of the facility, to meet a state or federal water quality compliance order, as specified. This bill would also exclude from the definition of "covered action" any flood control project undertaken within the Delta's secondary zone that is consistent with the Central Valley Flood Protection Act of 2008 and which would provide protection to an urban or urbanizing area or existing public infrastructure. These upgrades and projects would have to comply with CEQA or NEPA, or both.
Who sponsors AB 1095?
AB 1095 is sponsored by Buchanan, Galgiani, and Bill Berryhill.
What is the current status of AB 1095?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 1095?
Track AB 1095 free on One Click Politics — get push/email alerts when it moves.

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