BILL NUMBER: SB 555	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Machado

                        FEBRUARY 22, 2007

   An act to amend Section 29770 of the Public Resources Code,
relating to the Sacramento-San Joaquin Delta.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 555, as introduced, Machado. Sacramento-San Joaquin Delta.
   The Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992
creates the Delta Protection Commission and requires the commission
to prepare and adopt a comprehensive long-term resource management
plan for specified lands within the Sacramento-San Joaquin Delta. 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. The commission is required to hear the
appeal within 60 days from the date the appeal is filed, 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.
   This bill would instead provide that only the commission may
determine whether the issue raised on appeal is not within the
commission's jurisdiction or does not raise an appealable issue.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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.