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File #: 25-0037    Version: 1 Name:
Type: Consent Calendar Item Status: Agenda Ready
File created: 12/17/2024 In control: Board of Directors
On agenda: 8/12/2025 Final action:
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.
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 hab...

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