BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Adopt Recommended Positions on State Legislation: AB 454 (Kalra) Migratory Birds: California Migratory Bird Protection Act, SB 650 (Cabaldon) The Sacramento-San Joaquin Delta Reform Act of 2009, and Other Legislation Which May Require Urgent Consideration for a Position by the Board.
End
RECOMMENDATION: Recommendation
A. Adopt a position of “Support” on: AB 454 (Kalra) Migratory Birds: California Migratory Bird Protection Act; and
B. Adopt a position of “Support” on: SB 650 (Cabaldon) The Sacramento-San Joaquin Delta Reform Act of 2009.
Body
SUMMARY:
AB 454 (Kalra) Migratory Birds: California Migratory Bird Protection Act. (Amended - 05/12/2025)
Position Recommendation: Support
Priority Recommendation: 2
AB 454 would indefinitely ensure that migratory birds in California are protected from incidental take under the Endangered Species Act. These protections would remain enforceable regardless of federal interpretation of the federal Migratory Bird Treaty Act (MBTA).
Under the federal MBTA, migratory birds are protected by law. The MBTA also authorizes U.S. states and territories to adopt and enforce additional laws or regulations that offer greater protection for migratory birds, including their nests and eggs.
In 2019, California codified the MBTA but included a sunset provision of January 1, 2026. This bill would remove the sunset date and make the California Migratory Bird Protection Act permanent.
Importance to Valley Water
Valley Water is advancing the South San Francisco Bay Shoreline Project (Shoreline Project), which aims to restore approximately 2,900 acres of former salt ponds to tidal wetlands. This work will reintroduce tidal flows and create critical habitat for federally protected species, including migratory birds. The long-term success of this effort depends not only on habitat restoration but also on regulatory protections that reduce threats to bird populations. Given California’s historic loss of wetlands and migratory bird habitat, AB 454 reinforces protections that align with Valley Water’s environmental stewardship mission. Continued protection from incidental take under state law supports the recovery of bird populations that rely on restored habitats such as those created by the Shoreline Project.
Staff recommends the Board adopt a position of “Support” on AB 454.
Pros
• Protects native migratory birds from incidental take.
Cons
• None identified at this time.
SB 650 (Cabaldon) The Sacramento-San Joaquin Delta Reform Act of 2009. (Amended - 04/09/2025)
Position Recommendation: Support
Priority Recommendation: 2
SB 650 amends the 2009 Delta Reform Act by making provisions of the Delta Plan severable, adding state and local public agencies to the definition of “persons” authorized to challenge certificate of consistency actions by the Delta Stewardship Council (DSC), and establishing a 90-day timeline for those legal challenges.
The 2009 Delta Reform Act established a legal and institutional framework for managing the Sacramento-San Joaquin Delta. It declared the coequal goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. To achieve these objectives, the Act created the DSC, tasked with developing and implementing the Delta Plan, a comprehensive, enforceable strategy to guide state and local agency actions in the Delta. The law requires agencies proposing certain projects in the Delta to certify that their actions are consistent with the Delta Plan. It also provides a public appeals process for reviewing the consistency of proposed projects and sets out deadlines for appeal hearings and decisions. Together, these provisions are designed to protect the Delta’s environmental, cultural, and economic value while promoting sustainable water management across the state.
Importance to Valley Water
As a member of the State Water Project and Central Valley Project, Valley Water has a vested interest in imported water supplies that may be subject to the Delta Stewardship Council’s consistency determination decisions, including actions related to the Delta Conveyance Project. Currently, water agencies are not included as an entity that may challenge a decision by the Delta Stewardship Council in determining whether a “Covered Action” is consistent with the Delta Reform Act. In addition, there is no clear statute of limitations on a decision made by the DSC regarding consistency determinations. Currently, stakeholders believe the three-year statute of limitations specified by the Code of Civil Procedure Section 338 would apply, which leaves projects in limbo, facing potential challenges for an extended period. SB 650 would limit the potential legal challenge period to 90 days from an action by the DSC.
SB 650 provides several clarifications and allows public water agencies, such as Valley Water, to engage in the process and challenge a decision when necessary to represent our interests.
Staff recommends the Board adopt a position of “Support” on SB 650.
Pros
• Establishes that the provisions of the Delta Plan are severable, so if one provision is held invalid, the rest of the provisions will not be affected.
• Provides more certainty and clarity in the legal challenge process.
• Ensures that Valley Water is able to represent our interests.
• Sets a statute of limitations for filing legal challenges to 90 days, helping expedite a prompt resolution to legal challenges of a consistency determination by the Council.
Cons
• The statute of limitations may be problematic if Valley Water or a partner agency wishes to file a legal challenge after the set 90 days.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice impacts associated with this item. The Board’s position does not enact the legislation discussed above. If the enactment of state legislation necessitates an action by the Board, any associated Environmental Justice impacts will be assessed when the Board considers the action.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have the potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
None.
UNCLASSIFIED MANAGER: Manager
Joshua Golka, 408-630-4508