BILL NUMBER: AB 797 CHAPTERED
BILL TEXT
CHAPTER 547
FILED WITH SECRETARY OF STATE SEPTEMBER 28, 2006
APPROVED BY GOVERNOR SEPTEMBER 28, 2006
PASSED THE ASSEMBLY AUGUST 24, 2006
PASSED THE SENATE AUGUST 10, 2006
AMENDED IN SENATE JANUARY 25, 2006
AMENDED IN SENATE SEPTEMBER 6, 2005
AMENDED IN SENATE AUGUST 15, 2005
AMENDED IN SENATE JULY 6, 2005
AMENDED IN SENATE JUNE 16, 2005
AMENDED IN ASSEMBLY APRIL 21, 2005
AMENDED IN ASSEMBLY MARCH 30, 2005
INTRODUCED BY Assembly Member Wolk
FEBRUARY 18, 2005
An act to add Section 51256.3 to the Government Code, and to amend
Sections 29735, 29763, 29770, and 29771 of the Public Resources
Code, relating to natural resources.
LEGISLATIVE COUNSEL'S DIGEST
AB 797, Wolk Sacramento-San Joaquin Delta.
(1) Existing law authorizes a city or county, upon petition by a
landowner, to enter into an agreement with the landowner to rescind a
contract, in accordance with specified procedures, in order to place
other land within that city, the county, or the county where the
contract is rescinded under an agricultural conservation easement.
The bill would, for the purposes of facilitating long-term
agricultural land conservation in the Sacramento-San Joaquin Delta,
authorize an agricultural conservation easement located within the
primary or secondary zone of the delta to be related to contract
rescissions in any other portion of the secondary zone without
respect to county boundary limitations, as specified.
(2) Existing law creates the Delta Protection Commission
consisting of 19 members and specifies that the membership includes
various individuals. Existing law provides that a person aggrieved by
an action taken by a local government or other local agency in
implementing a resource management plan may file an appeal to the
commission.
This bill would increase the membership of the commission to 23
members, and would additionally include the public member of the
California Bay-Delta Authority who represents the delta region, and 3
public members who are delta residents or delta landowners and who
represent various interests in the delta region, as specified, who
are appointed by the Governor.
The bill would revise provisions with respect to local government
or agency actions and appeals from these actions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 51256.3 is added to the Government Code, to
read:
51256.3. For the purposes of facilitating long-term agricultural
land conservation in the Sacramento-San Joaquin Delta, an
agricultural conservation easement located within the primary or
secondary zone of the delta, as defined in Sections 29728 and 29731
of the Public Resources Code, may be related to contract rescissions
in any other portion of the secondary zone without respect to county
boundary limitations contained in an agricultural conservation
easement agreement pursuant to Section 51256.
SEC. 2. Section 29735 of the Public Resources Code is amended to
read:
29735. There is hereby created the Delta Protection Commission
consisting of 23 members as follows:
(a) One member of the board of supervisors of each of the five
counties within the delta whose supervisorial district is within the
primary zone shall be appointed by the board of supervisors of the
county.
(b) Three elected city council members shall be selected and
appointed by city selection committees, from regional and area
councils of government, one in each of the following areas:
(1) One from the north delta, consisting of the Counties of Yolo
and Sacramento.
(2) One from the south delta, consisting of the County of San
Joaquin.
(3) One from the west delta, consisting of the Counties of Contra
Costa and Solano.
(c) (1) One member each from the board of directors of five
different reclamation districts which are located within the primary
zone who are residents of the delta, and who are elected by the
trustees of reclamations districts within the following areas:
(A) Two members from the area of the North Delta Water Agency as
described in Section 9.1 of the North Delta Water Agency Act (Chapter
283 of the Statutes of 1973), provided at least one member is also a
member of the Delta Citizens Municipal Advisory Council.
(B) One member from the west delta consisting of the area of
Contra Costa County within the delta.
(C) One member from the area of the Central Delta Water Agency as
described in Section 9.1 of the Central Delta Water Agency Act
(Chapter 1133 of the Statutes of 1973).
(D) One member from the area of the South Delta Water Agency as
described in Section 9.1 of the South Delta Water Agency Act (Chapter
1089 of the Statutes of 1973).
(2) Each reclamation district may nominate one director to be a
member. The member from an area shall be selected from among the
nominees by a majority vote of the reclamation districts in that
area. For purposes of this section, each reclamation district shall
have one vote. The north delta area shall conduct separate votes to
select each of its two members.
(d) The Director of Parks and Recreation, or the director's sole
designee.
(e) The Director of Fish and Game, or the director's sole
designee.
(f) The Secretary of Food and Agriculture, or the secretary's sole
designee.
(g) The executive officer of the State Lands Commission, or the
executive officer's sole designee.
(h) The Director of Boating and Waterways, or the director's sole
designee.
(i) The Director of Water Resources, or the director's sole
designee.
(j) The public member of the California Bay-Delta Authority who
represents the delta region.
(k) The Governor shall appoint three members from the general
public who are delta residents or delta landowners, as follows:
(1) One member shall represent the interests of production
agriculture with a background in promoting the agricultural viability
of delta farming.
(2) One member shall represent the interests of conservation of
wildlife and habitat resources of the delta region and ecosystem.
(3) One member shall represent the interests of outdoor
recreational opportunities, including, but not limited to, hunting
and fishing.
SEC. 3. Section 29763 of the Public Resources Code is amended to
read:
29763. Within 180 days from the date of the adoption of the
resource management plan or any amendments, changes, or updates, to
the resource management plan by the commission, all local governments
shall submit to the commission proposed amendments that will cause
their general plans to be consistent with the criteria in Section
29763.5 with respect to land located within the primary zone.
SEC. 4. Section 29770 of the Public Resources Code is amended to
read:
29770. (a) Any person who is aggrieved by any action taken by a
local government or other local agency in implementing the resource
management plan, or otherwise taken pursuant to this division, may
file an appeal with the commission. The ground for an appeal and the
commission consideration of an appeal shall be that an action, as to
land located exclusively within the primary zone, is inconsistent
with the resource management plan, the approved portions of local
government general plans that implement the resource management plan,
or this division. The appeal shall be heard by the commission within
60 days from the date of the filing of the appeal, unless the
commission, either itself or by delegation to the executive director,
determines that the issue raised on appeal is not within the
commission's jurisdiction or does not raise an appealable issue.
(b) In the absence of an appeal by an aggrieved person, the
commission may decide by majority vote to review on appeal any action
taken by a local government or other local agency in implementing
the resource management plan, or otherwise taken pursuant to this
division, for land located exclusively within the primary zone, if
the commission believes the action may be inconsistent with the
resource management plan, or this division.
(c) The commission shall, by regulation, adopt administrative
procedures governing those appeals.
(d) The commission may comment on projects within the secondary
zone that impact the primary zone.
SEC. 5. Section 29771 of the Public Resources Code is amended to
read:
29771. After a hearing on an appealed action, the commission
shall either deny the appeal or remand the matter to the local
government or local agency for reconsideration, after making specific
findings. Upon remand, the local government or local agency shall
modify the appealed action and resubmit the matter for review to the
commission. A proposed action appealed pursuant to this section shall
not be effective until the commission has adopted written findings,
based on substantial evidence in the record, that the action is
consistent with the resource management plan, the approved portions
of local government general plans that implement the resource
management plan, and this division.