SB 650
The Sacramento-San Joaquin Delta Reform Act of 2009.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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- Passed Assembly
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Bill overview
This bill modifies the Sacramento-San Joaquin Delta Reform Act of 2009 to clarify certain aspects of the Delta Plan and streamline legal processes related to its implementation. Specifically, it ensures that Delta Stewardship Council appointees possess knowledge of the Delta, makes the Delta Plan’s provisions severable, and adjusts deadlines for legal challenges to council decisions. The bill also expands the entities authorized to appeal a certification of consistency to include state and local public agencies.
Key provisions
- Ensures Delta Stewardship Council appointees have knowledge of the Delta.
- Designates state and local public agencies as authorized to appeal a certification of consistency.
- States that the provisions of the Delta Plan are severable.
- Adjusts deadlines for legal challenges to council decisions regarding the Delta Plan.
- Clarifies the requirements for appeals regarding consistency with the Delta Plan.
- Specifies procedures for requesting additional information from appellants.
Who is affected
- Delta Stewardship Council
- State Agencies
- Local Public Agencies
- Individuals concerned with Delta water management
- Water users in the Sacramento-San Joaquin Delta
Notable changes
- Expands the list of entities authorized to appeal a certification of consistency.
- Clarifies the requirement for Delta Stewardship Council appointees to possess Delta-related knowledge.
Arguments in favor
Reasons to support this legislation.
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SB650:v94#DOCUMENT
Bill Start
Senate Bill No. 650
CHAPTER 324
An act to amend Sections 85202 and 85225.10 of, to add Section 85310 to, and to add Chapter 4 (commencing with Section 85360) to Part 4 of Division 35 of, the Water Code, relating to the Sacramento-San Joaquin Delta Reform Act of 2009.
[ Approved by Governor October 03, 2025. Filed with Secretary of State October 03, 2025. ]
LEGISLATIVE COUNSEL'S DIGEST
SB 650, Cabaldon. The Sacramento-San Joaquin Delta Reform Act of 2009.
Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, provides that it is the intent of the Legislature to provide for the sustainable management of the Sacramento-San Joaquin Delta ecosystem, to provide for a more reliable water supply for the state, to protect and enhance the quality of water supply from the Delta, as defined, and to establish a governance structure that will direct efforts across state agencies to develop a legally enforceable Delta Plan.
This bill would make the provisions of the Delta Plan severable.
Existing law establishes the Delta Stewardship Council as an independent agency of the state to establish and oversee a committee of agencies responsible for implementing the Delta Plan. Existing law requires council members to possess diverse expertise and reflect a statewide perspective.
The bill would state that it is the intent of the Legislature that the council appointees have knowledge about the Delta.
Existing law authorizes persons and certain entities, claiming that a proposed covered action is inconsistent with the Delta Plan and that, as a result of that inconsistency, the action will have a significant adverse impact on the achievement of certain goals or implementation of government-sponsored flood control programs to reduce risks to people and property in the Delta, to file an appeal with regard to a certification of consistency submitted to the Delta Stewardship Council. Existing law requires the appeal to be heard by the council within 60 days of the date of the filing of the appeal, as specified, and requires the council to make its decision on the appeal within 60 days of hearing the appeal.
This bill would provide certain deadlines for legal actions arising out of specified actions of the council and would make related changes. The bill would add state and local public agencies to those entities authorized to appeal regarding a certification of consistency.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 85202 of the Water Code is amended to read:
85202.
Council members shall possess diverse expertise and reflect a statewide perspective. It is the intent of the Legislature that the council appointees have knowledge about the Delta.
SEC. 2.
Section 85225.10 of the Water Code is amended to read:
85225.10.
(a) Any person who claims that a proposed covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, the action will have a significant adverse impact on the achievement of one or both of the coequal goals or implementation of government-sponsored flood control programs to reduce risks to people and property in the Delta, may file an appeal with regard to a certification of consistency submitted to the council.
(b) The appeal shall clearly and specifically set forth the basis for the claim, including specific factual allegations, that the covered action is inconsistent with the Delta Plan. The council may request from the appellant additional information necessary to clarify, amplify, correct, or otherwise supplement the information submitted with the appeal, within a reasonable period.
(c) The council, or by delegation the executive officer, may dismiss the appeal for failure of the appellant to provide information requested by the council within the period provided, if the information requested is in the possession or under the control of the appellant.
(d) For purposes of this section, “person” includes a person as defined in Section 19, and any state or local public agency, as defined in Section 10535.
SEC. 3.
Section 85310 is added to the Water Code, to read:
85310.
The provisions of the Delta Plan are severable. If any provision of the Delta Plan is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
SEC. 4.
Chapter 4 (commencing with Section 85360) is added to Part 4 of Division 35 of the Water Code, to read:
CHAPTER 4. Legal Action
85360.
(a) A legal challenge to the council’s adoption or amendment of the Delta Plan or its appeals procedures adopted pursuant to Section 85225.30 shall be brought pursuant to Section 1085 of the Code of Civil Procedure within 90 days of the date of the council’s final decision.
(b) A legal challenge to the council’s determination of an appeal decided pursuant to Chapter 3 (commencing with Section 85225) of Part 3 shall be brought pursuant to Section 1094.5 of the Code of Civil Procedure within 90 days of the date the council adopts its written findings pursuant to Section 85225.25.