BILL NUMBER: AB 2683 CHAPTERED 09/27/02 CHAPTER 955 FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2002 APPROVED BY GOVERNOR SEPTEMBER 26, 2002 PASSED THE SENATE AUGUST 31, 2002 PASSED THE ASSEMBLY AUGUST 31, 2002 AMENDED IN SENATE AUGUST 31, 2002 AMENDED IN SENATE AUGUST 5, 2002 AMENDED IN SENATE JUNE 11, 2002 AMENDED IN ASSEMBLY MAY 1, 2002 INTRODUCED BY Assembly Member Canciamilla (Principal coauthors: Assembly Members Hertzberg and Pavley) (Principal coauthor: Senator Costa) FEBRUARY 22, 2002 An act to add Sections 79420, 79423, 79453, and 79455 to the Water Code, relating to water. LEGISLATIVE COUNSEL'S DIGEST AB 2683, Canciamilla. California Bay-Delta Authority Act. Under existing law, certain state and federal agencies with management and regulatory responsibilities in the San Francisco Bay/Sacramento-San Joaquin Delta Estuary participate in the CALFED Bay-Delta Program for the purposes of improving ecosystem quality, water supply reliability, water quality, and the integrity of the levees and channels in the bay-delta. SB 1653 of the 2001-02 Regular Session would enact the California Bay-Delta Authority Act and would establish the California Bay-Delta Authority in the Resources Agency. This bill would revise provisions proposed to be added by SB 1653 relating to proposed budgets of implementing agencies, the powers and duties of the authority, and the staff of the authority. These provisions would become operative only if this bill and SB 1653 are both chaptered and become effective on or before January 1, 2003, and this bill is chaptered last. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 79420 is added to the Water Code,to read: 79420. (a) The authority may exercise all of the following powers: (1) Sue or be sued. (2) Delegate administrative functions to the staff of the authority. (3) Request reports from state, federal, and local government agencies on issues related to the implementation of the California Bay-Delta Program. (4) Receive funds, including funds from private and local government sources, and contributions from public and private sources, as well as state and federal appropriations. (5) Enter into contracts consistent with existing contracting practices of the Department of General Services. (6) Disburse funds through grants, public assistance, loans, and contracts to entities, including federally recognized Indian tribes, within the Bay-Delta Program regions, as described in subdivision (e) of Section 79401, to carry out the Bay-Delta Program goals and objectives. (7) Employ the services of other public, nonprofit, or private entities. (8) Employ its own legal staff or contract with other state or federal agencies for legal services, or both. The authority may employ special legal counsel with the approval of the Attorney General. (9) Adopt regulations as needed for the implementation of this division. A federal representative may decline to participate in actions described in this subdivision if he or she identifies a constitutional or statutory limitation on that participation. The authority granted by this subdivision does not extend to the adoption of regulations to implement the program elements described in subdivisions (a) to (f), inclusive, and subdivision (h) of Section 79441. (10) Obtain and hold regulatory permits and prepare environmental documents. (11) Pursuant to Section 78684.8, the authority is hereby designated the successor to the Secretary of the Resources Agency for the purpose of carrying out the balancing and related procedures established pursuant to Section 78684.12. (b) This section shall become operative only if this bill and Senate Bill 1653 of the 2001-02 Regular Session are both chaptered and become effective on or before January 1, 2003, and this bill is chaptered last, in which case this section shall prevail over Section 79420, as added by Senate Bill 1653. SEC. 2. Section 79423 is added to the Water Code, to read: 79423. (a) The implementing agencies shall annually submit to the director their annual program plan and proposed budget for the following budget year describing how each implementing agency proposes to implement their respective program elements during the following budget year. The director shall then submit a comprehensive budget proposal to the Secretary of the Resources Agency for consideration consistent with the existing budget development process. Individual departmental budget requests are exempt from the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). These programs shall also address environmental justice concerns and assess the impacts of projects and activities on tribal trust resources and tribal governmental concerns. (b) Each annual program plan and proposed budget shall include programs that are designated as Category A programs in Attachment 3, entitled "Implementation Memorandum of Understanding" of the CALFED Bay-Delta Program Record of Decision, dated August 28, 2000, or as it may be amended. (c) Annually, the authority shall consult with the agencies identified in subdivision (f) of Section 79401 and the Bay-Delta Public Advisory Committee, and shall determine, with the concurrence of the implementing agencies, those changes that shall be made to the list of Category A programs. (d) Each annual program plan and proposed budget shall include program priorities, work plans, proposed budgets, and significant program products, including, but not limited to, regulations, grant or loan solicitations, schedules for production of environmental documents, and project selection processes. (e) Annual program plans and proposed budgets also shall include a strategy and proposed budget for addressing program-specific, critical scientific uncertainties, developing and implementing performance measures, evaluating program actions, developing strategies for incorporating tribal and environmental justice interests, and conducting scientific review of program implementation and proposed projects. The implementing agency and the director shall consult with the lead scientist, as appropriate, to determine an appropriate science strategy and proposed budget. (f) The implementing agencies shall develop comprehensive tribal and environmental justice work plans, including specific goals and objectives and projected expenditures that address all program areas. (g) The implementing agencies shall coordinate the preparation of annual program plans and proposed budgets with agencies participating in the California Bay-Delta Program, federally recognized Indian tribes, and other appropriate agencies. (h) The implementing agencies and the director shall seek to integrate the annual plans and proposed budgets for the program elements into a comprehensive and balanced annual implementation plan. (i) Annually, the authority shall review and approve, and, as appropriate, may recommend that implementing agencies modify, multiyear program plans and long-term expenditure plans on behalf of Category A programs, based on the following criteria: (1) Consistency with the program. (2) The balanced achievement of the program's goals and objectives. (j) If the authority does not approve an implementing agency's multiyear program plan and long-term expenditure plan, the authority shall prepare and submit written findings to the appropriate policy and fiscal committees of the Legislature and the implementing agencies, describing how the multiyear program plan and long-term expenditure plan do not meet the criteria adopted by the authority pursuant to subdivision (o) of Section 79421. (k) If the authority recommends modification to implementation of the Budget Act for the current fiscal year or the multiyear program plan and long-term expenditure plan, the implementing agency shall resubmit the Budget Act implementation plan, the multiyear plan, or the long-term expenditure plan, as appropriate, to the authority for approval. If an implementing agency makes any of the modifications recommended by the authority, the authority shall submit these modifications to the Legislature. (l) Nothing in this division limits or interferes with the final decisionmaking authority of the implementing agencies. (m) This section shall become operative only if this bill and Senate Bill 1653 of the 2001-02 Regular Session are both chaptered and become effective on or before January 1, 2003, and this bill is chaptered last, in which case this section shall prevail over Section 79423, as added by Senate Bill 1653. SEC. 3. Section 79453 is added to the Water Code, to read: 79453. (a) The director may appoint and hire staff as necessary to administer the affairs of the authority. (b) This section shall become operative only if this bill and Senate Bill 1653 of the 2001-02 Regular Session are both chaptered and become effective on or before January 1, 2003, and this bill is chaptered last, in which case this section shall prevail over Section 79453, as added by Senate Bill 1653. SEC. 4. Section 79455 is added to the Water Code, to read: 79455. (a) Notwithstanding any other provision of law, and only for the purposes of this division, the authority may hire members of federally recognized Indian tribes and nonprofit organizations in accordance with the inter-jurisdictional employee exchange program described in Section 427 of Title 2 of the California Code of Regulations. (b) This section shall become operative only if this bill and Senate Bill 1653 of the 2001-02 Regular Session are both chaptered and become effective on or before January 1, 2003, and this bill is chaptered last, in which case this section shall prevail over Section 79455, as added by Senate Bill 1653.