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4 Environmental Analysis 4.4 Biological Resources Sections 1900-1913 — Native Plant Protection Act The Native Plant Protection Act, enacted in 1977, allows the California Fish and Game Commission to designate native plants as state"endangered"or"rare," mirroring the designations created for animal species by the CESA of 1970. The Native Plant Protection Act, administered by the CDFW, requires all state agencies to utilize their authority to preserve, protect, and enhance endangered or rare native plants of California. Section 1908 of the Act prohibits the take of any native plant that the California Fish and Game Commission determines to be an endangered or rare native plant, except when the take is incidental to agricultural and nursery operations, emergencies, or the possession or sale of real property on which the plant is growing. Section 1913(c) further provides that where the owner of land has been notified by the CDFW that native plant listed as rare or endangered is growing on such land, the owner shall notify the CDFW at least 10 days in advance of changing the land use to allow for salvage of the listed plant(s) subject to the notification. The failure by the CDFW to salvage such plant within 10 days of notification of change in land use shall entitle the owner of the land to proceed with the change. 4.4.2.5 Federal Clean Water Act The federal Clean Water Act (CWA) is the principal federal law governing pollution control and water quality of the nation's waterways. The objective of the CWA is "to restore and maintain the chemical, physical, and biological integrity of the Nation's waters." It establishes the basic structure for regulating discharges of pollutants into WOTUS and for regulating water quality and establishing water quality standards for surface waters. Sections 404 and 401 of the CWA are pertinent to surface and coastal WOTUS. The CWA provides regulatory authority over the navigable WOTUS, which are defined as the "waters of the United States, including the territorial seas" (33 U.S.C. §1362(7)). This statute is implemented by the USACE and the U.S. Environmental Protection Agency (USEPA). Congress did not define in the CWA what it meant by "Waters of the U.S." and left it up to the USACE and USEPA to provide more detail through rulemaking. WOTUS are comprised of those wetland and non-wetland bodies of water that met criteria set forth in 33 Code of Federal Regulations(CFR)Section 328.3, as interpreted by several court opinions and guidance. On June 29, 2015, the USACE and USEPA published an amendment to 33 CFR Section 328.3, revising the definition of WOTUS in a manner intended to consider but supersede prior judicial decisions, regulations, and guidance. The revised regulation, named the "Clean Water Rule,"was published in the Federal Register(FR; 80 FR 124: 37054-37127)and became effective on August 28, 2015. The Clean Water Rule was challenged in court and on October 22, 2019, the USACE and USEPA published a final rule(Step One)to repeal the 2015 Clean Water Rule and to restore the regulatory text that existed prior to the 2015 Clean Water Rule. The final rule (Step One) became effective on December 23, 2019. On April 21, 2020, the USACE and USEPA completed Step Two of the two-step "repeal and replace" process by publishing The Navigable Waters Protection Rule: Definition of "Waters of the United States" in the FR. The Navigable Waters Protection Rule revises the definition of WOTUS under the CWA. It creates four categories of jurisdictional waters and it provides specific exclusions for many water features that traditionally have not been regulated. The Navigable Waters Protection Rule (Step Two) became effective on June 22, 2020, replacing the final rule (Step One). Griffith Energy Storage Project 4.4-23 Tetra Tech/SCH 2022120675 Draft Environmental Impact Report August 2023