H.R. 215 — what changed
Working to Advance Tangible and Effective Reforms for California Act
From Introduced in House to Reported in House. 9 sections amended and 6 added between Introduced in House and Reported in House.
Sec. 3 Definitions
In this Act, the following definitions apply:
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CVP—Cvp— The term CVP means the Central Valley Project.
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CVP Cvp contractor— The term CVP contractor means any public water agency, water user organization, or person that has entered into a contract with the United States for water service from the CVP, whether in the form of a water service contract, repayment contract, water rights settlement contract, exchange contract, or refuge contract.
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FWS Fws biological opinion— The term FWS Biological Opinion means the United States Fish and Wildlife Service “Biological Opinion for the Reinitiation of Consultation on the Coordinated Operations of the Central Valley Project and State Water Project” (Service File No. 08FBTD00–2019–F–0164) signed on October 21, 2019.
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NOAA Noaa biological opinion— The term NOAA Biological Opinion means the National Oceanic and Atmospheric Administration Fisheries “Biological Opinion on the Long-term Operation of the Central Valley Project and the State Water Project” (Consultation Tracking Number: WCRO–2016–00069) signed on October 21, 2019.
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Preferred Alternative—alternative— The term Preferred Alternative means the Alternative 1 (Preferred Alternative), as described in the Final Environmental Impact Statement on the Reinitiation of Consultation on the Coordinated Long-Term Operation of the Central Valley Project and the State Water Project, issued by the Bureau of Reclamation, and dated December 2019.
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SWP—Swp— The term SWP means the California State Water Project.
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SWP Swp contractor— The term SWP contractor means a public agency that has entered into a long-term water supply contract with the California Department of Water Resources for water service from the SWP.
Sec. 101 Operation of the CVP and SWP
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Congressional direction regarding CVP cvp and SWP swp operations— The CVP and the SWP shall be operated operated, and reporting shall be done, in accordance with the Preferred Alternative and FWS Biological Opinion and NOAA Biological Opinion.
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Application of laws and regulations to others—Exceptions— Operation of the CVP and SWP shall proceed pursuant to subsection (a) except to the extent changes to operations are undertaken pursuant to one or more agreements, which are voluntarily entered into, approved, and implemented by CVP contractors, for operations of the CVP, and SWP contractors, for operations of the SWP, with all applicable Federal departments and the State of California, including any agency or board of the State of California.this section, except:
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to the extent changes to operations are undertaken pursuant to one or more agreements, which are voluntarily entered into, approved, and implemented by CVP contractors, for operations of the CVP, and SWP contractors, for operations of the SWP, with all applicable Federal departments and the State of California, including any agency or board of the State of California; or
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to the extent changes in operations of the CVP, SWP, or both can be made while improving the supply of water available to CVP contractors, SWP contractors, or both.
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Costs— No cost, including water supply, financial, mitigation-related, mintigation-related, or otherwise, associated with the implementation of any agreement under subsection (b) (b)(1) or the implementation of any reoperation under subsection (b)(2) shall be imposed by any Federal department or agency or the State of California, including any agency or board of the State of California, directly or indirectly on any CVP contractor, SWP contractor, or any other person or entity, unless such costs are incurred on a voluntary basis.
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Endangered Species Act—No redirected adverse impacts— Notwithstanding subsection (b), implementation The Secretary of subsection (a) the Interior and Secretary of Commerce shall not conflict carry out any specific action authorized under the applicable provisions of this title that would directly or through State agency action indirectly result in the involuntary reduction of water supply to an individual, district, or agency that has in effect a contract for water with the FWS Biological Opinion and SWP or the NOAA Biological Opinion.CVP, including settlement, exchange, and refuge contracts, and Friant Division contracts.
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Endangered species act— Notwithstanding subsection (b), implementation of subsection (a) shall not conflict with the FWS Biological Opinion and the NOAA Biological Opinion.
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was (6)
Native species protection— The State of California shall not impose any bag, catch, or size restriction or limit on the take or harvest of striped bass or any species of black bass, including largemouth bass, smallmouth bass, and spotted bass, that occupy the Sacramento-San Joaquin Rivers Delta or its tributaries.
Sec. 103 Application of State laws
Reduced water supply— If, as a result of the application of applicable State law or regulation, the State of California (including any agency or board of the State of California) alters operation of the SWP in a manner that directly or indirectly results in reduced water supply to the SWP as compared with the water supply available under the Preferred Alternative, and as a result, CVP yield is greater than it otherwise would have been under the Preferred Alternative, then that additional yield shall be made available to the SWP for delivery to SWP Contractors to offset that reduced water supply. If it is necessary to reduce water supplies for any authorized uses of the CVP or CVP Contractors to make available to the SWP that additional yield, such reductions shall be applied proportionately to those authorized uses or CVP contractors that benefit from that increased yield.
No restriction of certain water rights— The State of California (including any agency or board of the State of California) shall not restrict the exercise of any water right obtained pursuant to State law, including but not limited to a pre-1914 appropriative right or riparian right in order to offset any impact resulting from the implementation of this title on any species affected by operations of the CVP or the SWP.
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No involuntary water reduction— The State of California (including any agency or board of the State of California), the Secretary of the Interior and Secretary of Commerce shall not take any action related to operation of the CVP or SWP that would directly or indirectly result in the involuntary reduction of water supply to any CVP agricultural, municipal and industrial contractor, water service or repayment contractor, water rights settlement contractor, exchange contractor, refuge contractor or any SWP contractor, as compared to the water supply available under the Preferred Alternative; and nothing in this section is intended to modify, amend, or affect any of the rights and obligations of the parties to such contracts.
Sec. 104 Reconsultation of NOAA biological opinion and FWS biological opinion
Requirement for reconsultation—
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Requirement— Neither Unless action is taken pursuant to section 101(b), neither the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, nor the Secretary of Commerce Commerce, or their designees shall commence, complete, or request reinitiation of consultation on the coordinated long-term operation of the Central Valley Project and the State Water Project that will result in changes to or the replacement of the documents listed in paragraph (2) unless—
more than 75 percent of California has experienced 4 consecutive years of D3 or D4 level drought, as defined by the U.S. Drought Monitor;
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the Commissioner of the Bureau of Reclamation identifies one specific factor or combination of factors under section 402.16 of title 50, Code of Federal Regulations; and
not fewer than 120 days before officially commencing or requesting reinitiation, the Secretary of the Interior notifies the Committee on Natural Resources of the House of Representatives and Committee on Energy and Natural Resources of the Senate, in writing, of—
the intent to commence or request reinitiation under this section; and
the detailed justification for the identification of the specific factor or combination of factors under section 402.16 of title 50, Code of Federal Regulations, that was identified to satisfy the requirement in subparagraph (B).
Documents— The documents referred to in paragraph (1) are the following:
The FWS Biological Opinion.
The NOAA Biological Opinion.
The Record of Decision for the Reinitiation of Consultation on the Coordinated Long-Term Modified Operations of the Central Valley Project and State Water Project, signed on February 18, 2020.
Applicable procedures and review— For the purposes of this Act, before reinitiating consultation on the Long-Term Operation of the CVP and SWP, a request by the Secretary of the Interior, the Secretary of the Commerce, or any other Federal employee, to reinitiate consultation shall be made in writing and considered a rule under section 551 of title 5, United States Code, and subject to the requirements of sections 801 through 808 of that title.
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Cooperation— In implementing this section, the Secretary of the Interior and the Secretary of Commerce shall comply with requirements included in section 4004 of Public the Water Infrastructure Improvements for the Nation Act (Public Law 114–322.114–322).
Exclusion— Notwithstanding subsection (b), in implementing this section, section 801(b)(2) of title 5, United States Code, shall not apply.
Sec. 106 Consultation on coordinated operations
The Water Infrastructure Improvements for the Nation Act (Public Law 114–322) is amended—
in section 4004(a)—
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in the matter preceding paragraph (1), by inserting “or proposed action” after “biological assessment,”;strike “public water agency that contracts” and insert “contractor”;
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in paragraph (2), (1), by inserting “or proposed action” after “biological assessment,”;before the semicolon;
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in paragraph (2), by inserting “or proposed action” before the semicolon;
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was (3)(4)
by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively;
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was (3)(5)
after paragraph (2), by inserting the following new paragraph:
added “(3) receive a copy of the draft proposed action and have the opportunity to review that document and provide comment to the action agency, which comments shall be afforded due consideration during development;”
removed
“(3) receive a copy of the proposed action and have the opportunity to review that document and provide comment to the action agency, which comments shall be afforded due consideration during development;”
renumbered
was (3)(6)
in paragraph (7), as redesignated by subparagraph (C) of this paragraph—
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was (3)(6)(2)
in the matter preceding subparagraph (A), by inserting “action agency proposes a proposed action or” before “the consulting agency”;
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was (3)(6)(3)
in subparagraph (A), by inserting “proposed action or” before “alternative will”; and
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was (3)(6)(4)
in subparagraph (B), by striking “alternative actions” and insert “actions or alternatives”; and
in section 4013, by deleting “section 4004, which shall expire 10 years after the date of its enactment;” and inserting “section 4004, which shall expire on December 16, 2033;”.
Sec. 202 Allocations of water
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Subject to section 203, and notwithstanding any changes to operations of the CVP or SWP voluntarily agreed to, approved, and implemented by CVP contractors, the Secretary of the Interior shall make every reasonable effort in the operation of the CVP to allocate water provided for irrigation purposes to each existing CVP agricultural water service contractor within the Sacramento River Watershed in accordance with the following:
Not less than 100 percent of the contract quantity of the existing CVP agricultural water service contractor within the Sacramento River Watershed in a Wet year.
Not less than 100 percent of the contract quantity of the existing CVP agricultural water service contractor within the Sacramento River Watershed in an Above Normal year.
Not less than 100 percent of the contract quantity of the existing CVP agricultural water service contractor within the Sacramento River Watershed in a Below Normal year that is preceded by an Above Normal or Wet year.
Not less than 50 percent of the contract quantity of the existing CVP agricultural water service contractor within the Sacramento River Watershed in a Dry year that is preceded by a Below Normal, Above Normal, or Wet year.
In any other year not identified in any subsections (a) through (d), not less than twice the allocation percentage to south-of-Delta CVP agricultural water service contractors, up to 100 percent.
Sec. 302 Water supply plan; projects
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Plan— Not later than 180 days after the date of the enactment of this Act, the Commissioner of the Bureau of Reclamation shall develop a water deficit report, which shall identify—
projected water supply shortages in the State of California for irrigation water service, municipal and industrial water service, water supply for wildlife refuges supplied by the CVP or the SWP; and
infrastructure projects or actions which, if taken, would—
significantly reduce or eliminate the projected water supply shortage; or
fulfill water allocations consistent with agricultural, municipal and industrial contractors, water service or repayment contractors, water rights settlement contractors, exchange contractors, and SWP contractors with water delivery contractors on the CVP and SWP.
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Report to Congress—congress— The Commissioner of the Bureau of Reclamation shall provide a report described in subsection (a) to the House Committee on Natural Resources and the Senate Committee on Energy and Natural Resources upon its completion.
Sec. 305 Shasta dam enlargement
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Funding— In accordance with section 4007 of the Water Infrastructure Improvements for the Nation Act (Public Law 114–322), and as recommended by the Secretary in letters dated February 13, 2019; June 22, 2020; and December 3, 2020; funds made available in the Water and Related Resources account for the Bureau of Reclamation in Acts of appropriation for fiscal years 2017, 2018, 2019, 2020, and 2021 shall be made available to the Shasta Dam and Reservoir Enlargement Project.
Clarification— No provision of State law shall preclude or otherwise prevent any public water agency, including a public agency of the State, that contracts for the delivery of CVP water from assisting or cooperating with, whether by loan, grant, license, or otherwise, the planning and construction of any project undertaken by the Bureau of Reclamation to enlarge Shasta Dam.
Sec. 401 CVPIA restoration actions
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Refuge water supply program— Not later than two 2 years after the date of enactment of this Act, the Secretary of the Interior shall complete the refuge water supply program under section 3406(d) of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575; 106 Stat. 4722) and shall, within that two-year 2-year period, give priority to completing the refuge water supply program when making funding decisions from the Central Valley Project Restoration Fund established under section 3407 of the Central Valley Project Improvement Act (106 Stat. 4726), the Infrastructure Investment and Jobs Act (Public Law 117–25), the Land and Water Conservation Fund Act (Public Law 88–578), and other sources of funding.
Restoration actions deemed complete— Upon completion of the refuge water supply program pursuant to subsection (a), or September 30, 2025, whichever occurs first, the Secretary of the Interior shall deem complete the fish, wildlife, and habitat mitigation and restoration actions mandated under section 3406 of the Central Valley Project Improvement Act (title XXXIV of Public Law 102–575; 106 Stat. 4714).
Sec. 501 Short title
addedadded This title may be cited as the “Water Supply Permitting Coordination Act”.
Sec. 502 Definitions
addedadded In this title:
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Bureau— The term Bureau means the Bureau of Reclamation.
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Cooperating agencies— The term cooperating agency means a Federal agency with jurisdiction over a review, analysis, opinion, statement, permit, license, or other approval or decision required for a qualifying project under applicable Federal laws and regulations, or a State agency subject to section 503(c).
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Qualifying projects— The term qualifying projects means new surface water storage projects in the States covered under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.) constructed on lands administered by the Department of the Interior or the Department of Agriculture, exclusive of any easement, right-of-way, lease, or any private holding, if the project applicant or sponsor elects to participate in the process authorized by this title. Such term shall also include State-led projects (as defined in section 4007(a)(2) of the WIIN Act) for new surface water storage projects in the States covered under the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.) constructed on lands administered by the Department of the Interior or the Department of Agriculture, exclusive of any easement, right-of-way, lease, or any private holding, unless the project applicant elects not to participate in the process authorized by this title.
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Secretary— The term Secretary means the Secretary of the Interior.
Sec. 503 Establishment of lead agency and cooperating agencies
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Establishment of lead agency— The Bureau is established as the lead agency for purposes of coordinating all reviews, analyses, opinions, statements, permits, licenses, or other approvals or decisions required under Federal law to construct qualifying projects.
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Identification and establishment of cooperating agencies— The Commissioner of the Bureau shall—
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identify, as early as practicable upon receipt of an application for a qualifying project, any Federal agency that may have jurisdiction over a review, analysis, opinion, statement, permit, license, approval, or decision required for a qualifying project under applicable Federal laws and regulations; and
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notify any such agency, within a reasonable timeframe, that the agency has been designated as a cooperating agency in regards to the qualifying project unless that agency responds to the Bureau in writing, within a timeframe set forth by the Bureau, notifying the Bureau that the agency—
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has no jurisdiction or authority with respect to the qualifying project;
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has no expertise or information relevant to the qualifying project or any review, analysis, opinion, statement, permit, license, or other approval or decision associated therewith; or
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does not intend to submit comments on the qualifying project or conduct any review of such a project or make any decision with respect to such project in a manner other than in cooperation with the Bureau.
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State authority— A State in which a qualifying project is being considered may choose, consistent with State law—
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to participate as a cooperating agency; and
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to make subject to the processes of this title all State agencies that—
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have jurisdiction over the qualifying project;
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are required to conduct or issue a review, analysis, or opinion for the qualifying project; or
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are required to make a determination on issuing a permit, license, or approval for the qualifying project.
Sec. 504 Bureau responsibilities
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In general— The principal responsibilities of the Bureau under this title are—
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to serve as the point of contact for applicants, State agencies, Indian Tribes, and others regarding proposed qualifying projects;
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to coordinate preparation of unified environmental documentation that will serve as the basis for all Federal decisions necessary to authorize the use of Federal lands for qualifying projects; and
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to coordinate all Federal agency reviews necessary for project development and construction of qualifying projects.
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Coordination process— The Bureau shall have the following coordination responsibilities:
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Preapplication coordination— Notify cooperating agencies of proposed qualifying projects not later than 30 days after receipt of a proposal and facilitate a preapplication meeting for prospective applicants, relevant Federal and State agencies, and Indian Tribes—
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to explain applicable processes, data requirements, and applicant submissions necessary to complete the required Federal agency reviews within the timeframe established; and
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to establish the schedule for the qualifying project.
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Consultation with cooperating agencies— Consult with the cooperating agencies throughout the Federal agency review process, identify and obtain relevant data in a timely manner, and set necessary deadlines for cooperating agencies.
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Schedule— Work with the qualifying project applicant and cooperating agencies to establish a project schedule. In establishing the schedule, the Bureau shall consider, among other factors—
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the responsibilities of cooperating agencies under applicable laws and regulations;
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the resources available to the cooperating agencies and the non-Federal qualifying project sponsor, as applicable;
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the overall size and complexity of the qualifying project;
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the overall schedule for and cost of the qualifying project; and
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the sensitivity of the natural and historic resources that may be affected by the qualifying project.
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Environmental compliance— Prepare a unified environmental review document for each qualifying project application, incorporating a single environmental record on which all cooperating agencies with authority to issue approvals for a given qualifying project shall base project approval decisions. Help ensure that cooperating agencies make necessary decisions, within their respective authorities, regarding Federal approvals in accordance with the following timelines:
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Not later than 1 year after acceptance of a completed project application when an environmental assessment and finding of no significant impact is determined to be the appropriate level of review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
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Not later than 1 year and 30 days after the close of the public comment period for a draft environmental impact statement under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), when an environmental impact statement is required under the same.
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Consolidated administrative record— Maintain a consolidated administrative record of the information assembled and used by the cooperating agencies as the basis for agency decisions.
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Project data records— To the extent practicable and consistent with Federal law, ensure that all project data is submitted and maintained in generally accessible electronic format, compile, and where authorized under existing law, make available such project data to cooperating agencies, the qualifying project applicant, and to the public.
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Project manager— Appoint a project manager for each qualifying project. The project manager shall have authority to oversee the project and to facilitate the issuance of the relevant final authorizing documents, and shall be responsible for ensuring fulfillment of all Bureau responsibilities set forth in this section and all cooperating agency responsibilities under section 505.
Sec. 505 Cooperating agency responsibilities
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Adherence to bureau schedule—
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Timeframes— On notification of an application for a qualifying project, the head of each cooperating agency shall submit to the Bureau a timeframe under which the cooperating agency reasonably will be able to complete the authorizing responsibilities of the cooperating agency.
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Schedule—
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Use of timeframes— The Bureau shall use the timeframes submitted under this subsection to establish the project schedule under section 504.
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Adherence— Each cooperating agency shall adhere to the project schedule established by the Bureau under subparagraph (A).
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Environmental record— The head of each cooperating agency shall submit to the Bureau all environmental review material produced or compiled in the course of carrying out activities required under Federal law, consistent with the project schedule established by the Bureau under subsection (a)(2).
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Data submission— To the extent practicable and consistent with Federal law, the head of each cooperating agency shall submit all relevant project data to the Bureau in a generally accessible electronic format, subject to the project schedule established by the Bureau under subsection (a)(2).
Sec. 506 Funding to process permits
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In general— The Secretary, after public notice in accordance with subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the “Administrative Procedure Act”), may accept and expend funds contributed by a non-Federal public entity to expedite the evaluation of a permit of that entity related to a qualifying project.
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Effect on permitting—
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Evaluation of permits— In carrying out this section, the Secretary shall ensure that the evaluation of permits carried out using funds accepted under this section shall—
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be reviewed by the Regional Director of the Bureau of the region in which the qualifying project or activity is located (or a designee); and
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use the same procedures for decisions that would otherwise be required for the evaluation of permits for similar projects or activities not carried out using funds authorized under this section.
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Impartial decision making— In carrying out this section, the Secretary and the head of each cooperating agency receiving funds under this section for a qualifying project shall ensure that the use of the funds accepted under this section for the qualifying project shall not—
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substantively or procedurally impact impartial decision making with respect to the issuance of permits; or
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diminish, modify, or otherwise affect the statutory or regulatory authorities of the cooperating agency.
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Limitation on use of funds— None of the funds accepted under this section shall be used to carry out a review of the evaluation of permits required under subsection (b)(1)(A).
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Public availability— The Secretary shall ensure that all final permit decisions carried out using funds authorized under this section are made available to the public, including on the internet.