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SFPUC adopts amended resolution to pursue voluntary settlement on Bay-Delta Plan

San Francisco Public Utilities Commission · March 26, 2019
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Summary

The San Francisco Public Utilities Commission voted to adopt a resolution directing staff to pursue a voluntary settlement agreement as an alternative to Bay-Delta Plan amendments, adding language requiring an independent scientific review and tightening impact language after extensive public comment and amendments.

The San Francisco Public Utilities Commission voted to adopt a resolution directing the utility to participate in negotiations on a voluntary settlement agreement (VSA) as an alternative to proposed amendments to the state Water Quality Control Plan for the Bay-Delta.

Commissioners moved the resolution after more than an hour of public comment and discussion. The commission approved two amendments before adopting the measure: adding the word “independent” to require an independent scientific review and changing phrasing about impacts from the proposed flow regime from “pose significant adverse impacts” to “significantly impact.” Commissioner Moran and others supported the language changes as clarifying without changing the resolution’s intent.

The item drew sustained public testimony from environmental groups and water advocates asking for rigorous peer review, clear biological outcomes and an enforceable adaptive management plan. Conrad Fisher of Water Climate Trust urged the commission to “support a flow regime now based on the best available science rather than supporting further delay,” arguing the science shows urgent needs for fish and ecosystems. Speakers from the Tuolumne River Trust and the Sierra Club called for independent peer review of modeling and for outcomes that ensure biological improvements rather than solely relying on voluntary commitments.

SFPUC staff framed the resolution as a balance between environmental protection and the utility’s supply reliability obligations to its customers. Steve Ritchie, assistant general manager for water, said staff supported a text that both affirms commitment to environmental goals and recognizes the need to protect water supply reliability.

Several commissioners emphasized the need for measurable outcomes. One commissioner said the resolution should prompt prompt development of specific biological objectives and an adaptive management framework so the region can adjust if early measures fail to reverse declines. Commissioners also debated—without adopting—more prescriptive language about what ‘‘sustainable’’ fish populations would mean, with staff noting complexities such as hatchery influence and the difficulty of setting a single numeric target.

The commission voted to adopt the resolution as amended; the motion carried. The action directs SFPUC staff to continue participation in VSA negotiations, press for an independent scientific review of proposals, and push for early implementation measures and adaptive management tied to biological benchmarks.

Next steps include staff engagement in settlement discussions, coordination with stakeholders (including East Bay agencies and state boards), and return of further information to the commission as the VSA process develops.