AB 497 California Assembly · 2025-2026 Regular Session

San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water Quality Control Plan: update: substitute environmental document: exemption.

Summary
The Porter-Cologne Water Quality Control Act establishes a statewide program for the control of the quality of all the waters in the state and makes certain legislative findings and declarations. Existing law establishes the State Water Resources Control Board to exercise the adjudicatory and regulatory functions of the state in the field of water resources. Pursuant to its authority, the board adopted the Water Quality Control Plan for the San Francisco Bay/Sacramento-San Joaquin Delta Estuary (Bay-Delta Plan) that, among other things, establishes objectives to protect the beneficial uses of the water and prevent nuisance within the waters specified in the Bay-Delta Plan. Existing law, the California Environmental Quality Act (CEQA) , requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report (EIR) on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA, except as provided, when a regulatory program of a state agency requires a plan or other written documentation containing environmental information, authorizes that plan or other information to be submitted in lieu of the EIR if the Secretary of the Natural Resources Agency has certified that regulatory program, as specified. This bill would require the board to adopt an update to the Bay-Delta Plan that addresses the Sacramento River and its tributaries, Sacramento-San Joaquin Delta (Delta) eastside tributaries, and the Delta no later than August 31, 2026. The bill would exempt the board from the requirements to prepare, provide for review, transmit to state agencies, and include written or oral responses to comments on a specified draft substitute environmental document, as provided.
Bill status failed 1 of 4 stages cleared
Introduction
Feb 2025
Committee Review
Floor Vote
Governor
Introduced Feb 10, 2025 Last action Feb 2, 2026
Maddy AI version diff · 2 comparisons

What changed between versions

02/10/25 - Introduced 01/05/26 - Amended Assembly · 6 edits · Jan 5, 2026
MODERATE
AB 497 was substantially expanded from a simple statement of legislative intent into a bill that sets a hard deadline for the State Water Resources Control Board to adopt an update to the Bay-Delta Water Quality Control Plan by August 31, 2026, and grants specific CEQA exemptions for a draft environmental document already released for public comment. The amendment adds extensive legislative findings documenting years of public engagement and science reviews, and includes a provision shielding the board from legal challenges based on missing written or oral responses to comments on that document.
Scope change
The bill expanded from a purely aspirational statement of legislative intent (with no enforceable obligations) to a substantive bill imposing a binding deadline on the State Water Resources Control Board and providing specific legal protections against CEQA-based challenges to the Bay-Delta Plan update process.
REQUIREMENT

New Section 13170.6(a) of the Water Code requires the State Water Resources Control Board to adopt an update to the Bay-Delta Plan addressing the Sacramento River and its tributaries, Delta eastside tributaries, and the Delta no later than August 31, 2026.

ENFORCEMENT

New Section 13170.6(b)(1) exempts the board from CEQA-related requirements to prepare, provide for review, transmit to state agencies, and include written or oral responses to comments on a specific draft substitute environmental document released for public comment prior to December 31, 2025.

New Section 13170.6(b)(2) provides that the absence of written or oral responses to comments on that document is not a basis for determining the board acted unlawfully or for setting aside or enjoining a board action under CEQA.

SCOPE

A new Section 1 adds extensive legislative findings and declarations covering the importance of the Sacramento/San Joaquin River systems, the Bay-Delta ecosystem, the water quality control plan process, the history of public engagement (15+ reports, 19+ workshops, 10+ comment periods, 5+ science reviews since 2009), and legislative intent to streamline and accelerate the approval process.

TECHNICAL

The bill title changed from 'An act relating to water' to 'An act to add Section 13170.6 to the Water Code, relating to water,' reflecting the new substantive content.

FISCAL

The fiscal committee line changed from 'no' to 'yes,' indicating a fiscal committee review is now required for this bill.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
7
Key actions
2
Committee
4
Amendments
1
Feb 2, 2026
Lower · Passed
From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.
lower
Jan 6, 2026
Committee
Re-referred to Com. on W. P., & W.
lower
Jan 5, 2026
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on W. P., & W. Read second time and amended.
lower
Jan 5, 2026
Committee
Referred to Coms. on W. P., & W., E.S & T.M. and NAT. RES.
lower
Feb 11, 2025
Lower · Passed
From printer. May be heard in committee March 13.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Lori Wilson
Lori Wilson
DDemocratic
CA
11