BILL NUMBER: SBX7 1 CHAPTERED
BILL TEXT
CHAPTER 5
FILED WITH SECRETARY OF STATE NOVEMBER 12, 2009
APPROVED BY GOVERNOR NOVEMBER 12, 2009
PASSED THE SENATE NOVEMBER 4, 2009
PASSED THE ASSEMBLY NOVEMBER 3, 2009
AMENDED IN ASSEMBLY NOVEMBER 3, 2009
AMENDED IN SENATE NOVEMBER 2, 2009
AMENDED IN SENATE OCTOBER 29, 2009
INTRODUCED BY Senators Simitian and Steinberg
OCTOBER 23, 2009
An act to amend Sections 29702, 29725, 29727, 29733, 29735,
29735.1, 29738, 29741, 29751, 29752, 29754, 29756.5, 29763, 29771,
and 29780 of, to add Sections 29703.5, 29722.5, 29722.7, 29728.5,
29759, 29773, 29773.5, and 29778.5 to, to add Division 22.3
(commencing with Section 32300) to, to repeal Section 29762 of, and
to repeal and add Sections 29736, 29739, 29753, 29761, 29761.5, and
29764 of, the Public Resources Code, and to add Division 35
(commencing with Section 85000) to, and to repeal Division 26.4
(commencing with Section 79400) of, the Water Code, relating to
public resources, and making an appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1, Simitian. Public resources.
(1) Existing law requires various state agencies to administer
programs relating to water supply, water quality, and flood
management in the Sacramento-San Joaquin Delta. The
Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992 (Delta
Protection Act) 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 (Delta).
This bill would revise and recast the provisions of the Delta
Protection Act to, among other things, reduce the number of
commission members from 23 to 15 members, as specified. The bill
would require the commission to appoint at least one advisory
committee consisting of representatives from specified entities to
provide input regarding the diverse interests within the Delta. The
bill would require the commission to adopt, not later than July 1,
2011, an economic sustainability plan containing specified elements
and would require the commission to review and, as determined to be
necessary, amend the plan every 5 years.
The bill would require the commission to prepare and submit to the
Legislature, by July 1, 2010, recommendations on the potential
expansion of or change to the primary zone or the Delta.
The bill would establish the Delta Investment Fund in the State
Treasury. Moneys in the fund, upon appropriation by the Legislature,
would be required to be expended by the commission to implement the
regional economic sustainability plan.
The bill would establish in the Natural Resources Agency the
Sacramento-San Joaquin Delta Conservancy. The conservancy would be
required to act as a primary state agency to implement ecosystem
restoration in the Delta and to support efforts that advance
environmental protection and the economic well-being of Delta
residents. The bill would specify the composition of the conservancy
and grant certain authority to the conservancy, including the
authority to acquire real property interests from willing sellers or
transferors. The conservancy would be required to use conservation
easements to accomplish ecosystem restoration whenever feasible. The
conservancy would be required to prepare and adopt a strategic plan
to achieve the goals of the conservancy. The strategic plan would be
required to be consistent with certain plans. The bill would
establish the Sacramento-San Joaquin Delta Conservancy Fund in the
State Treasury. Moneys in the fund would be available, upon
appropriation, to finance projects, including ecosystem restoration
and economic sustainability projects.
(2) Existing law requires the Secretary of the Natural Resources
Agency to convene a committee to develop and submit to the Governor
and the Legislature, on or before December 31, 2008, recommendations
for implementing a specified strategic plan relating to the
sustainable management of the Delta.
This bill would enact the Sacramento-San Joaquin Delta Reform Act
of 2009. The bill would establish the Delta Stewardship Council as an
independent agency of the state. The council would be required to
consist of 7 members appointed in a specified manner. The bill would
specify the powers of the council. The bill would require the
council, on or before January 1, 2012, to develop, adopt, and
commence implementation of a comprehensive management plan for the
Delta (Delta Plan), meeting specified requirements. The bill would
require a state or local public agency that proposes to undertake
certain proposed actions that will occur within the boundaries of the
Delta or the Suisun Marsh to prepare, and submit to the council, a
specified written certification of consistency with the Delta Plan
prior to taking those actions. By imposing these requirements on a
local public agency, the bill would impose a state-mandated local
program. The bill would establish an appeal process by which a person
may claim that a proposed action is inconsistent with the Delta
Plan, as prescribed.
The bill would impose requirements on the Department of Water
Resources in connection with the preparation of a specified Bay Delta
Conservation Plan (BDCP). The BDCP would only be permitted to be
incorporated in the Delta Plan if certain requirements are met.
The bill would establish the Delta Independent Science Board,
whose members would be appointed by the council. The bill would
require the Delta Independent Science Board to develop a scientific
program relating to the management of the Delta.
The bill would require the State Water Resources Control Board to
establish an effective system of Delta watershed diversion data
collection and public reporting by December 31, 2010. The bill would
require the board to develop new flow criteria for the Delta
ecosystem, as specified. The board would be required to submit those
determinations to the council. The bill would require the board, in
consultation with the council, to appoint a special master for the
Delta, referred to as the Delta Watermaster. The bill would grant
specified authority to the Delta Watermaster.
(3) The California Bay-Delta Authority Act establishes the
California Bay-Delta Authority in the Resources Agency. The act
requires the authority and the implementing agencies to carry out
programs, projects, and activities necessary to implement the
Bay-Delta Program, defined to mean those projects, programs,
commitments, and other actions that address the goals and objectives
of the CALFED Bay-Delta Programmatic Record of Decision, dated August
28, 2000, or as it may be amended.
This bill would repeal that act. The bill would impose
requirements on the council in connection with the repeal of that
act.
(4) Existing law, the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006,
an initiative bond act approved by the voters at the November 7,
2006, statewide general election, authorizes the issuance of bonds in
the amount of $5,388,000,000, of which $1,000,000,000 is made
available to the Department of Water Resources, upon appropriation
therefor, to meet the long term water needs of the state. Eligible
projects are required to implement integrated regional water
management plans and include fisheries restoration and protection
projects. A portion of these funds may be expended directly or
granted by the department to address multiregional needs or issues of
statewide significance.
This bill would appropriate $28,000,000 of these funds to the
department for the department to expend, as specified, on the
Two-Gates Fish Protection Demonstration Program managed by the United
States Bureau of Reclamation. The bill would make a statement of
legislative intent to finance the activities of the Delta Stewardship
Council and the Sacramento-San Joaquin Delta Conservancy from funds
made available pursuant to the Disaster Preparedness and Flood
Prevention Bond Act of 2006 and the Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Bond Act of
2006.
(5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
(6) The bill would take effect only if SB 6 and SB 7 of the
2009-10 7th Extraordinary Session of the Legislature are enacted and
become effective.
Appropriation: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 29702 of the Public Resources Code is amended
to read:
29702. The Legislature further finds and declares that the basic
goals of the state for the Delta are the following:
(a) Achieve the two coequal goals of providing a more reliable
water supply for California and protecting, restoring, and enhancing
the Delta ecosystem. The coequal goals shall be achieved in a manner
that protects and enhances the unique cultural, recreational, natural
resource, and agricultural values of the Delta as an evolving place.
(b) Protect, maintain, and, where possible, enhance and restore
the overall quality of the Delta environment, including, but not
limited to, agriculture, wildlife habitat, and recreational
activities.
(c) Ensure orderly, balanced conservation and development of Delta
land resources.
(d) Improve flood protection by structural and nonstructural means
to ensure an increased level of public health and safety.
SEC. 2. Section 29703.5 is added to the Public Resources Code, to
read:
29703.5. The Legislature further finds and declares both of the
following:
(a) The Delta Protection Commission created pursuant to Section
29735 provides an existing forum for Delta residents to engage in
decisions regarding actions to recognize and enhance the unique
cultural, recreational, and agricultural resources of the Delta. As
such, the commission is the appropriate agency to identify and
provide recommendations to the Delta Stewardship Council on methods
of preserving the Delta as an evolving place as the Delta Stewardship
Council develops and implements the Delta Plan.
(b) There is a need for the five Delta counties to establish and
implement a resources management plan for the Delta and for the Delta
Stewardship Council to consider that plan and recommendations of the
commission in the adoption of the Delta Plan.
SEC. 3. Section 29722.5 is added to the Public Resources Code, to
read:
29722.5. "Delta Plan" means the plan adopted by the Delta
Stewardship Council pursuant to Section 85300 of the Water Code.
SEC. 4. Section 29722.7 is added to the Public Resources Code, to
read:
29722.7. "Economic sustainability plan" means the plan adopted by
the commission pursuant to Section 29759.
SEC. 5. Section 29725 of the Public Resources Code is amended to
read:
29725. "Local government" means the Counties of Contra Costa,
Sacramento, San Joaquin, Solano, and Yolo, and the Cities of
Sacramento, Stockton, Tracy, Antioch, Pittsburg, Osladin, Lathrop,
Brentwood, West Sacramento, and Oakley, and any other cities that may
be incorporated in the future in the primary zone.
SEC. 6. Section 29727 of the Public Resources Code is amended to
read:
29727. "Port" means the Port of Sacramento and the Port of
Stockton, including all the land owned or leased by those ports, or
potential sites identified in the Delta county general plans as of
January 1, 2010, and otherwise authorized by law.
SEC. 7. Section 29728.5 is added to the Public Resources Code, to
read:
29728.5. "Resources management plan" means the plan adopted by
the commission pursuant to Section 29760.
SEC. 8. Section 29733 of the Public Resources Code is amended to
read:
29733. "Unincorporated towns" means the communities of Walnut
Grove, Clarksburg, Courtland, Hood, Locke, Knightsen, Collinsville,
and Ryde.
SEC. 9. Section 29735 of the Public Resources Code is amended to
read:
29735. There is hereby created the Delta Protection Commission
consisting of 15 members as follows:
(a) One member of the board of supervisors, or his or her
designee, 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 each of those respective counties.
(b) (1) Two elected city council members shall be selected and
appointed by city selection committees, from the appropriate regions
specified in subparagraphs (A) and (B), one in each of the following
areas:
(A) One from the south Delta, consisting of the County of San
Joaquin.
(B) One from the west Delta, from either the County of Contra
Costa or the County of Solano, on a rotating basis.
(2) One elected city council member shall be selected and
appointed by city selection committees, from regional and area
councils of government from the north Delta, consisting of the
Counties of Yolo and Sacramento.
(3) A city council member appointed pursuant to this subdivision
may select a designee for purposes of this subdivision.
(4) Notwithstanding Section 29736, the term of office of the
members selected pursuant to this subdivision shall be two years.
(c) One member each from the board of directors of three different
reclamation districts that are located within the primary zone who
are residents of the Delta, and who are elected by the trustees of
reclamation districts pursuant to paragraphs (1), (2), and (3). Each
reclamation district may nominate one director to be a member. The
member from an area described in paragraph (1), (2), or (3) shall be
selected from among the nominees by a majority vote of the
reclamation districts in that area. A member selected pursuant to
this subdivision may select a designee for this purpose. For the
purposes of this section, each reclamation district shall have one
vote. Reclamation district members shall consist of the following:
(1) One member 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).
(2) One member from an area including the west Delta consisting of
the area of Contra Costa County within the Delta and within 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).
(3) 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).
(d) The Secretary of Food and Agriculture, or the secretary's sole
designee.
(e) The executive officer of the State Lands Commission, or the
executive officer's sole designee.
(f) The Secretary of the Natural Resources Agency, or his or her
sole designee.
(g) The Secretary of Business, Transportation and Housing, or his
or her sole designee.
SEC. 10. Section 29735.1 of the Public Resources Code is amended
to read:
29735.1. (a) A member of the commission described in subdivision
(a) of Section 29735 may, subject to the confirmation of his or her
appointing power, appoint an alternate to represent him or her at a
commission meeting. An alternate may serve prior to confirmation for
a period not to exceed 90 days from the date of appointment, unless
and until confirmation is denied.
(b) The alternate shall serve at the pleasure of the member who
appoints him or her and shall have all of the powers and duties of a
member of the commission, except that the alternate shall only
participate and vote in a meeting in the absence of the member who
appoints him or her. All provisions of law relating to conflicts of
interest that are applicable to a member shall apply to an alternate.
If a member has, or is known to have, a conflict of interest on any
matter, the member's alternate is ineligible to vote on that matter.
SEC. 11. Section 29736 of the Public Resources Code is repealed.
SEC. 12. Section 29736 is added to the Public Resources Code, to
read:
29736. The appointed members of the commission shall serve at the
pleasure of their appointing entities.
SEC. 13. Section 29738 of the Public Resources Code is amended to
read:
29738. The office of an appointed member of the commission is
vacated upon the loss of any qualification required for appointment,
and in that event the appointing authority shall appoint a successor
within 30 days of the occurrence of the vacancy.
SEC. 14. Section 29739 of the Public Resources Code is repealed.
SEC. 15. Section 29739 is added to the Public Resources Code, to
read:
29739. (a) The commission, during the first meeting of the
commission after January 1, 2010, shall elect from among the members
identified in subdivision (a) of Section 29735 a chairperson who
shall serve for one year.
(b) Subsequent chairpersons shall serve for two years and shall be
elected from among the members identified in subdivision (a) of
Section 29735.
(c) The chairperson shall serve as a voting member of the Delta
Stewardship Council.
SEC. 16. Section 29741 of the Public Resources Code is amended to
read:
29741. The time and place of the first meeting of the commission,
on and after January 1, 2010, shall be prescribed by the Governor,
but in no event shall it be scheduled for a date later than January
31, 2010. All meetings after the first meeting shall be held in a
city within the Delta.
SEC. 17. Section 29751 of the Public Resources Code is amended to
read:
29751. A majority of the voting members of the commission shall
constitute a quorum for the transaction of the business of the
commission. A majority vote of the voting membership shall be
required to take action with respect to any matter unless otherwise
specified in this division. The vote of each member shall be
individually recorded.
SEC. 18. Section 29752 of the Public Resources Code is amended to
read:
29752. The commission shall adopt its own rules, regulations, and
procedures necessary for its organization and operation, and shall
conduct its meetings in compliance with 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).
SEC. 19. Section 29753 of the Public Resources Code is repealed.
SEC. 20. Section 29753 is added to the Public Resources Code, to
read:
29753. (a) The commission shall appoint at least one advisory
committee to provide recommendations regarding the diverse interests
within the Delta. At a minimum, the advisory committees shall include
representatives of state agencies and other stakeholders with
interests in the Delta's ecosystem, water supply, and socioeconomic
sustainability, including, but not limited to, its recreational,
agricultural, flood control, environmental, and water resources, and
state, local, and utility infrastructure. The commission shall
encourage participation of various federal agencies, including the
United States Bureau of Reclamation, the United States Fish and
Wildlife Service, the United States Army Corps of Engineers, and
others as appropriate.
(b) The commission may appoint committees from its membership or
may appoint additional advisory committees from members of other
interested public agencies and private groups.
(c) The commission shall seek advice and recommendations from
advisory committees appointed by local government that are involved
in subject matters affecting the Delta.
SEC. 21. Section 29754 of the Public Resources Code is amended to
read:
29754. The commission shall establish and maintain an office
within the Delta or the City of Rio Vista, and for this purpose the
commission may rent or own property and equipment. Any rule,
regulation, procedure, plan, or other record of the commission which
is of such a nature as to constitute a public record under state law
shall be available for inspection and copying pursuant to the
California Public Records Act (Chapter 3.5 (commencing with Section
6250) of Division 7 of Title 1 of the Government Code).
SEC. 22. Section 29756.5 of the Public Resources Code is amended
to read:
29756.5. The commission may act as the facilitating agency for
the implementation of any joint habitat restoration or enhancement
programs located within the primary zone of the Delta, including, but
not limited to, a national heritage area designation in the Delta.
SEC. 23. Section 29759 is added to the Public Resources Code, to
read:
29759. (a) Not later than July 1, 2011, the commission shall
prepare and adopt, by a majority vote of the membership of the
commission, an economic sustainability plan. The economic
sustainability plan shall include information and recommendations
that inform the Delta Stewardship Council's policies regarding the
socioeconomic sustainability of the Delta region.
(b) The economic sustainability plan shall include, but not be
limited to, all of the following:
(1) Public safety recommendations, such as flood protection
recommendations.
(2) The economic goals, policies, and objectives in local general
plans and other local economic efforts, including recommendations on
continued socioeconomic sustainability of agriculture and its
infrastructure and legacy communities in the Delta.
(3) Comments and recommendations to the Department of Water
Resources concerning its periodic update of the flood management plan
for the Delta.
(4) Identification of ways to encourage recreational investment
along the key river corridors, as appropriate.
SEC. 24. Section 29761 of the Public Resources Code is repealed.
SEC. 25. Section 29761 is added to the Public Resources Code, to
read:
29761. The commission shall adopt, by a majority vote, the
economic sustainability plan and each plan update after at least
three public hearings, with at least one hearing held in a community
in the north Delta, one hearing in the south Delta, and one hearing
in the west Delta.
SEC. 26. Section 29761.5 of the Public Resources Code is repealed.
SEC. 27. Section 29761.5 is added to the Public Resources Code, to
read:
29761.5. (a) The commission shall review, and, as determined to
be necessary, amend the economic sustainability plan every five years
on or before December 31 in years ending in six or one.
(b) The commission shall transmit copies of the economic
sustainability plan and any subsequent amendments to the Governor,
Legislature, each local government as defined in Section 29725, and
Delta Stewardship Council within 60 days of adoption or amendment.
Within 180 days of the commission's adoption or amendment of the
economic sustainability plan, the Delta Stewardship Council shall
review the economic sustainability plan for consistency with the
Delta Plan.
SEC. 28. Section 29762 of the Public Resources Code is repealed.
SEC. 29. Section 29763 of the Public Resources Code is amended to
read:
29763. Within 180 days from the date of the adoption of the
resources management plan or any amendments, changes, or updates, to
the resources management plan by the commission, each local
government shall submit to the commission proposed amendments to its
general plan that are intended to make the general plan consistent
with the resources management plan with respect to land located
within the primary zone.
SEC. 30. Section 29764 of the Public Resources Code is repealed.
SEC. 31. Section 29764 is added to the Public Resources Code, to
read:
29764. Land use authority granted to the commission by this
division is limited to the primary zone, and shall not preempt local
government general plans for lands within the secondary zone.
SEC. 32. Section 29771 of the Public Resources Code is amended to
read:
29771. After a hearing on an appealed action pursuant to Section
29770, 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 resources management plan, the
approved portions of local government general plans that implement
the resources management plan, and this division.
SEC. 33. Section 29773 is added to the Public Resources Code, to
read:
29773. (a) The commission may review and provide comments and
recommendations to the Delta Stewardship Council on any significant
project or proposed project within the scope of the Delta Plan,
including, but not limited to, actions by state and federal agencies,
that may affect the unique cultural, recreational, and agricultural
values within the primary and secondary zones. Review and comment
authority granted to the commission shall include, but is not limited
to, all of the following:
(1) Identification of impacts to the cultural, recreational, and
agricultural values of the Delta.
(2) Recommendations for actions that may avoid, reduce, or
mitigate impacts to the cultural, recreational, and agricultural
values of the Delta.
(3) Review of consistency of the project or proposed project with
the resources management plan and the Delta Plan.
(4) Identification and recommendation of methods to address Delta
community concerns regarding large-scale habitat plan development and
implementation.
(b) The council shall take into consideration the recommendations
of the commission, including the recommendations included in the
economic sustainability plan. If the council, in its discretion,
determines that a recommendation of the commission is feasible and
consistent with the objectives of the Delta Plan and the purposes of
this division, the council shall adopt the recommendation.
SEC. 34. Section 29773.5 is added to the Public Resources Code, to
read:
29773.5. On or before July 1, 2010, the commission shall prepare
and submit to the Legislature recommendations regarding the potential
expansion of or change to the primary zone or the Delta. The
commission shall consider recommendations on the status of all of the
following areas:
(a) Rio Vista.
(b) Isleton.
(c) Bethel Island.
(d) Brannan-Andrus Island.
(e) Cosumnes/Mokelumne floodway.
(f) The San Joaquin/South Delta lowlands.
SEC. 35. Section 29778.5 is added to the Public Resources Code, to
read:
29778.5. The Delta Investment Fund is hereby created in the State
Treasury. Any funds within the Delta Investment Fund shall be
available, upon appropriation by the Legislature, to the commission
for the implementation of the regional economic sustainability plan,
developed pursuant to Section 29759, for the purposes of enhancing
Delta communities. The Delta Investment Fund may receive funds from
federal, state, local, and private sources.
SEC. 36. Section 29780 of the Public Resources Code is amended to
read:
29780. On January 1 of each year, the commission shall submit to
the Governor and the Legislature a report describing the progress
that has been made in achieving the objectives of this division. The
report shall include, but need not be limited to, all of the
following:
(a) An evaluation of the effectiveness of the commission in
undertaking its functions prescribed in this division, including, but
not limited to, its mandates as follows:
(1) Determining the consistency of local general plans with the
Delta Plan.
(2) Outcomes of appealed local land use decisions pursuant to
Sections 29770 and 29771.
(3) Outcomes of reviews initiated by the commission.
(4) Facilitating regional economic sustainability.
(5) Supporting other regional activities for the enhancement of
Delta communities.
(b) An update of the economic sustainability plan, using baseline
conditions set forth in the original economic sustainability plan.
(c) The status of the environmental thresholds established by the
commission in the original resource management plan.
SEC. 37. Division 22.3 (commencing with Section 32300) is added to
the Public Resources Code, to read:
DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY
CHAPTER 1. GENERAL PROVISIONS
32300. This division shall be known, and may be cited, as the
Sacramento-San Joaquin Delta Conservancy Act.
32301. The Legislature finds and declares all of the following:
(a) The Sacramento-San Joaquin Delta is a unique natural resource
of local, state, and national significance.
(b) At 1,300 square miles, the Delta is the largest estuary on the
west coast of North and South America.
(c) Its rivers and labyrinths of sloughs and channels are home to
750 species of plants and wildlife as well as 55 species of fish,
provide habitat for 700 native plant and animal species, and are part
of the Pacific Flyway.
(d) The Delta contains more than 500,000 acres of agricultural
land, with unique soils, and farmers who are creative and utilize
innovative agriculture, such as carbon sequestration crops,
subsidence reversal crops, wildlife-friendly crops, and crops direct
for marketing to the large urban populations nearby.
(e) The Delta and Suisun Marsh provide numerous opportunities for
recreation, such as boating, kayaking, fishing, hiking, birding, and
hunting. Navigable waterways in the Delta are available for public
access and currently make up the majority of recreational
opportunities. There is a need for land-based recreational access
points including parks, picnic areas, and campgrounds.
(f) The Delta's history is rich with a distinct natural,
agricultural, and cultural heritage. It is home to the community of
Locke, the only town in the United States built primarily by early
Chinese immigrants. Other legacy communities include Bethel Island,
Clarksburg, Courtland, Freeport, Hood, Isleton, Knightsen, Rio Vista,
Ryde, and Walnut Grove.
(g) The Delta is home to more than 500,000 people and 200,000
jobs, and contributes over thirty-five billion dollars
($35,000,000,000) to the state's economy.
(h) In addition, the Delta provides water to more than 25 million
Californians and three million acres of agricultural land. It
supports a four hundred billion dollar ($400,000,000,000) economy and
is traversed by energy, communications, and transportation
facilities vital to the economic health of California.
(i) A Sacramento-San Joaquin Delta Conservancy can support efforts
that advance both environmental protection and the economic
well-being of Delta residents in a complementary manner, including
all of the following:
(1) Protect and enhance habitat and habitat restoration.
(2) Protect and preserve Delta agriculture and working landscapes.
(3) Provide increased opportunities for tourism and recreation.
(4) Promote Delta legacy communities and economic vitality in the
Delta in coordination with the Delta Protection Commission.
(5) Increase the resilience of the Delta to the effects of natural
disasters such as floods and earthquakes, in coordination with the
Delta Protection Commission.
(6) Protect and improve water quality.
(7) Assist the Delta regional economy through the operation of the
conservancy's program.
(8) Identify priority projects and initiatives for which funding
is needed.
(9) Protect, conserve, and restore the region's physical,
agricultural, cultural, historical, and living resources.
(10) Assist local entities in the implementation of their habitat
conservation plans (HCPs) and natural community conservation plans
(NCCPs).
(11) Facilitate take protection and safe harbor agreements under
the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et
seq.) and the California Endangered Species Act (Chapter 1.5
(commencing with Section 2050) of Division 3 of the Fish and Game
Code) for adjacent landowners and local public agencies.
(12) Promote environmental education.
CHAPTER 2. DEFINITIONS
32310. For the purposes of this division, the following terms
have the following meanings:
(a) "Board" means the governing board of the Sacramento-San
Joaquin Delta Conservancy.
(b) "Conservancy" means the Sacramento-San Joaquin Delta
Conservancy.
(c) "Delta" means the Sacramento-San Joaquin Delta as defined in
Section 12220 of the Water Code.
(d) "Fund" means the Sacramento-San Joaquin Delta Conservancy Fund
created pursuant to Section 32360.
(e) "Local public agency" means a city, county, special district,
or joint powers authority.
(f) "Nonprofit organization" means a private, nonprofit
organization that qualifies for exempt status under Section 501(c)(3)
of Title 26 of the United States Code and that has among its
principal charitable purposes preservation of land for scientific,
recreational, scenic, or open-space opportunities, protection of the
natural environment, preservation or enhancement of wildlife,
preservation of cultural and historical resources, or efforts to
provide for the enjoyment of public lands.
(g) "Suisun Marsh" means the area defined in Section 29101 and
protected by Division 19 (commencing with Section 29000).
CHAPTER 3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY
32320. There is in the Natural Resources Agency the
Sacramento-San Joaquin Delta Conservancy, which is created as a state
agency to work in collaboration and cooperation with local
governments and interested parties.
32322. (a) The conservancy shall act as a primary state agency to
implement ecosystem restoration in the Delta.
(b) The conservancy shall support efforts that advance
environmental protection and the economic well-being of Delta
residents, including all of the following:
(1) Protect and enhance habitat and habitat restoration.
(2) Protect and preserve Delta agriculture and working landscapes.
(3) Provide increased opportunities for tourism and recreation in
the Delta.
(4) Promote Delta legacy communities and economic vitality in the
Delta, in coordination with the Delta Protection Commission.
(5) Increase the resilience of the Delta to the effects of natural
disasters such as floods and earthquakes, in coordination with the
Delta Protection Commission.
(6) Protect and improve water quality.
(7) Assist the Delta regional economy through the operation of the
conservancy's program.
(8) Identify priority projects and initiatives for which funding
is needed.
(9) Protect, conserve, and restore the region's physical,
agricultural, cultural, historical, and living resources.
(10) Assist local entities in the implementation of their habitat
conservation plans (HCPs) and natural community conservation plans
(NCCPs).
(11) Facilitate take protection and safe harbor agreements under
the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et
seq.), the California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code), and the
Natural Community Conservation Planning Act (Chapter 10 (commencing
with Section 2800) of Division 3 of the Fish and
Game Code) for adjacent landowners and
local public agencies.
(12) Promote environmental education through grant funding.
(c) When implementing subdivision (b), the conservancy shall
undertake efforts to enhance public use and enjoyment of lands owned
by the public.
CHAPTER 4. GOVERNING BOARD
32330. The board shall consist of 11 voting members and two
nonvoting members, appointed or designated as follows:
(a) The 11 voting members of the board shall consist of all of the
following:
(1) The Secretary of the Natural Resources Agency, or his or her
designee.
(2) The Director of Finance, or his or her designee.
(3) One member of the board or a designee who is appointed by the
Contra Costa County Board of Supervisors, who is a resident of that
county.
(4) One member of the board or a designee who is appointed by the
Sacramento County Board of Supervisors, who is a resident of that
county.
(5) One member of the board or a designee who is appointed by the
San Joaquin County Board of Supervisors, who is a resident of that
county.
(6) One member of the board or a designee who is appointed by the
Solano County Board of Supervisors, who is a resident of that county.
(7) One member of the board or a designee who is appointed by the
Yolo County Board of Supervisors, who is a resident of that county.
(8) Two public members appointed by the Governor, subject to
confirmation by the Senate.
(9) One public member appointed by the Senate Committee on Rules.
(10) One public member appointed by the Speaker of the Assembly.
(b) The two nonvoting members shall consist of a Member of the
Senate, appointed by the Senate Committee on Rules, and a Member of
the Assembly, appointed by the Speaker of the Assembly. The members
appointed under this subdivision shall meet with the conservancy and
participate in its activities to the extent that this participation
is not incompatible with their positions as Members of the
Legislature. The appointed members shall represent a district that
encompasses a portion of the Delta.
(c) Ten liaison advisers who shall serve in an advisory, nonvoting
capacity shall consist of all of the following:
(1) One representative of the United States Fish and Wildlife
Service, designated by the United States Secretary of the Interior.
(2) One representative of the United States National Marine
Fisheries Service, designated by the United States Secretary of the
Interior.
(3) One representative of the United States Bureau of Reclamation,
designated by the United States Secretary of the Interior.
(4) One representative of the United States Army Corps of
Engineers, designated by the Commanding Officer, United States Army
Corps of Engineers, South Pacific Division.
(5) A designee of the San Francisco Bay Conservation and
Development Commission for coordination purposes.
(6) A designee of the State Coastal Conservancy for coordination
purposes.
(7) A designee of the Suisun Resource Conservation District for
coordination purposes.
(8) A designee of the Central Valley Flood Protection Board.
(9) A designee of the Yolo Basin Foundation.
(10) A designee of the Delta Protection Commission.
(d) The public members appointed by the Governor shall serve for a
term of four years, with a two-term limit.
(e) The locally appointed members and alternates shall serve at
the pleasure of the appointing board of supervisors.
(f) The public members appointed by the Senate Committee on Rules
or the Speaker of the Assembly shall serve for a term of four years,
with a two-term limit.
(g) The Members of the Senate and Assembly shall serve at the
pleasure of the appointing body.
(h) Alternates may be appointed by the county boards of
supervisors.
32332. Annually, the voting members of the board shall elect from
among the voting members a chairperson and vice chairperson, and
other officers as necessary. If the office of the chairperson or vice
chairperson becomes vacant, a new chairperson or vice chairperson
shall be elected by the voting members of the board to serve for the
remainder of the term. The chairperson shall be selected from among
the members specified in paragraphs (3) to (7), inclusive, of
subdivision (a) of Section 32330.
32334. A majority of the voting members shall constitute a quorum
for the transaction of the business of the conservancy. The board
shall not transact the business of the conservancy if a quorum is not
present at the time a vote is taken. A decision of the board
requires an affirmative vote of six of the voting membership, and the
vote is binding with respect to all matters acted on by the
conservancy.
32336. The board shall adopt rules and procedures for the conduct
of business by the conservancy.
32338. The board may establish advisory boards or committees,
hold community meetings, and engage in public outreach.
32340. The board shall establish and maintain a headquarters
office within the Delta. The conservancy may rent or own real and
personal property and equipment pursuant to applicable statutes and
regulations.
32342. The board shall determine the qualifications of, and shall
appoint, an executive officer of the conservancy, who shall be
exempt from civil service. The board shall employ other staff as
necessary to execute the powers and functions provided for in this
division.
32344. The board may enter into contracts with private entities
and public agencies to procure consulting and other services
necessary to achieve the purposes of this division.
32346. The conservancy's expenses for support and administration
may be paid from the conservancy's operating budget and any other
funding sources available to the conservancy.
32348. The board shall conduct business in accordance with 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).
32350. The board shall hold its regular meetings within the Delta
or the City of Rio Vista.
CHAPTER 5. POWERS, DUTIES, AND LIMITATIONS
32360. (a) Except as specified in Section 32360.5, the
jurisdiction and activities of the conservancy are limited to the
Delta and Suisun Marsh.
(b) (1) The Sacramento-San Joaquin Delta Conservancy Fund is
hereby created in the State Treasury. Moneys in the fund shall be
available, upon appropriation by the Legislature, only for the
purposes of this division.
(2) Funds provided for ecosystem restoration and enhancement shall
be available for ecosystem restoration projects consistent with the
conservancy's strategic plan adopted pursuant to Section 32376.
(3) Funds may be allocated to a separate program within the
conservancy for economic sustainability in the Delta. The economic
sustainability plan adopted pursuant to Section 29759 shall be the
basis for the program. Funds provided to the conservancy to implement
ecosystem restoration projects pursuant to the Bay Delta
Conservation Plan shall only be used for ecosystem restoration
purposes.
32360.5. In furtherance of the conservancy's role in implementing
the Delta Plan, the conservancy may take or fund an action outside
the Delta and Suisun Marsh if the board makes all of the following
findings:
(a) The project implements the ecosystem goals of the Delta Plan.
(b) The project is consistent with the requirements of any
applicable state and federal permits.
(c) The conservancy has given notice to and reviewed any comments
received from affected local jurisdictions and the Delta Protection
Commission.
(d) The conservancy has given notice to and reviewed any comments
received from any state conservancy where the project is located.
(e) The project will provide significant benefits to the Delta.
32362. The conservancy may engage in partnerships with nonprofit
organizations, local public agencies, and landowners.
32363. In implementing this division, the conservancy shall
cooperate and consult with the city or county in which a grant is
proposed to be expended or an interest in real property is proposed
to be acquired, and shall, as necessary or appropriate, coordinate
its efforts with other state agencies, in cooperation with the
Secretary of the Natural Resources Agency. The conservancy shall, as
necessary or appropriate, cooperate and consult with a public water
system, levee, flood control, or drainage agency that owns or
operates facilities, including lands appurtenant thereto, where a
grant is proposed to be expended or an interest in land is proposed
to be acquired.
32364. (a) The conservancy may require a grantee to enter into an
agreement with the conservancy on terms and conditions specified by
the conservancy.
(b) The conservancy may require a cost-share or local funding
requirement for a grant. The conservancy may make that cost-share or
local funding requirement contingent upon the total amount of funding
available, the fiscal resources of the applicant, or urgency of the
project. The conservancy may waive cost-share requirements.
(c) The conservancy may fund or award grants for plans and
feasibility studies consistent with its strategic plan or the Delta
Plan.
(d) The conservancy may seek repayment or reimbursement of funds
granted on terms and conditions it deems appropriate. The proceeds of
repayment shall be deposited in the fund.
(e) The conservancy may require any funds that exceed the costs of
eligible or approved projects or of acquisition to be returned to
the conservancy, to be available for expenditure when appropriated by
the Legislature.
32364.5. (a) The conservancy may provide grants and loans to
state agencies, local public agencies, and nonprofit organizations to
further the goals of the conservancy.
(b) An entity applying for a grant from the conservancy to acquire
an interest in real property shall specify all of the following in
the grant application:
(1) The intended use of the property.
(2) The manner in which the land will be managed.
(3) How the cost of ongoing operations, maintenance, and
management will be provided, including an analysis of the maintaining
entity's financial capacity to support those ongoing costs.
(4) Grantees shall demonstrate, where applicable, how they will
provide payments in lieu of taxes, assessments, or charges otherwise
due to local government.
32365. The conservancy may sue and be sued.
32366. (a) The conservancy may acquire from willing sellers or
transferors interests in real property and improve, lease, or
transfer interests in real property, in order to carry out the
purposes of this division.
(b) The conservancy shall use conservation easements to accomplish
ecosystem restoration whenever feasible.
32368. The conservancy may enter into an agreement with a public
agency, nonprofit organization, or private entity for the
construction, management, or maintenance of facilities authorized by
the conservancy.
32370. The conservancy shall not exercise the power of eminent
domain.
32372. (a) The conservancy may pursue and accept funds from
various sources, including, but not limited to, federal, state, and
local funds or grants, gifts, donations, bequests, devises,
subventions, grants, rents, royalties, or other assistance and funds
from public and private sources.
(b) The conservancy may accept fees levied by others.
(c) The conservancy may create and manage endowments.
(d) All funds received by the conservancy shall be deposited in
the fund for expenditure for the purposes of this division.
32376. Within two years of hiring an executive officer, the board
shall prepare and adopt a strategic plan to achieve the goals of the
conservancy. The plan shall describe its interaction with local,
regional, state, and federal land use, recreation, water and flood
management, and habitat conservation and protection efforts within
and adjacent to the Delta. The strategic plan shall establish
priorities and criteria for projects and programs, based upon an
assessment of program requirements, institutional capabilities, and
funding needs throughout the Delta. The strategic plan shall be
consistent with the Delta Plan, the Delta Protection Commission's
resources management plan, the Central Valley Flood Protection Plan,
the Suisun Marsh Preservation Act of 1977 (Division 19 (commencing
with Section 29000)), and the Habitat Management, Preservation and
Restoration Plan for the Suisun Marsh.
32378. (a) The conservancy may expend funds and award grants and
loans to facilitate collaborative planning efforts and to develop
projects and programs that are designed to further the purposes of
this division.
(b) The conservancy may provide and make available technical
information, expertise, and other nonfinancial assistance to public
agencies, nonprofit organizations, and tribal organizations, to
support program and project development and implementation.
32380. The conservancy may acquire water or water rights to
support the goals of the conservancy.
32381. This division does not grant to the conservancy any of the
following:
(a) The power of a city or county to regulate land use.
(b) The power to regulate any activities on land, except as the
owner of an interest in the land, or pursuant to an agreement with,
or a license or grant of management authority from, the owner of an
interest in the land.
(c) The power over water rights held by others.
SEC. 38. Division 26.4 (commencing with Section 79400) of the
Water Code is repealed.
SEC. 39. Division 35 (commencing with Section 85000) is added to
the Water Code, to read:
DIVISION 35. Sacramento-San Joaquin Delta Reform Act of 2009
PART 1. General Provisions
CHAPTER 1. SHORT TITLE AND LEGISLATIVE FINDINGS
85000. This division shall be known, and may be cited, as the
Sacramento-San Joaquin Delta Reform Act of 2009.
85001. The Legislature finds and declares all of the following:
(a) The Sacramento-San Joaquin Delta watershed and California's
water infrastructure are in crisis and existing Delta policies are
not sustainable. Resolving the crisis requires fundamental
reorganization of the state's management of Delta watershed
resources.
(b) In response to the Delta crisis, the Legislature and the
Governor required development of a new long-term strategic vision for
managing the Delta. The Governor appointed a Blue Ribbon Task Force
to recommend a new "Delta Vision Strategic Plan" to his cabinet
committee, which, in turn, made recommendations for a Delta Vision to
the Governor and the Legislature on January 3, 2009.
(c) By enacting this division, it is the intent of the Legislature
to provide for the sustainable management of the Sacramento-San
Joaquin Delta ecosystem, to provide for a more reliable water supply
for the state, to protect and enhance the quality of water supply
from the Delta, and to establish a governance structure that will
direct efforts across state agencies to develop a legally enforceable
Delta Plan.
85002. The Legislature finds and declares that the Sacramento-San
Joaquin Delta, referred to as "the Delta" in this division, is a
critically important natural resource for California and the nation.
It serves Californians concurrently as both the hub of the California
water system and the most valuable estuary and wetland ecosystem on
the west coast of North and South America.
85003. The Legislature finds and declares all of the following:
(a) Originally, the Delta was a shallow wetland with water
covering the area for many months of the year. Natural levees,
created by deposits of sediment, allowed some islands to emerge
during the dry summer months. Salinity would fluctuate, depending on
the season and the amount of precipitation in any one year, and the
species that comprised the Delta ecosystem had evolved and adapted to
this unique, dynamic system.
(b) Delta property ownership developed pursuant to the federal
Swamp Land Act of 1850, and state legislation enacted in 1861, and as
a result of the construction of levees to keep previously seasonal
wetlands dry throughout the year. That property ownership, and the
exercise of associated rights, continue to depend on the landowners'
maintenance of those nonproject levees and do not include any right
to state funding of levee maintenance or repair.
(c) In 1933, the Legislature approved the California Central
Valley Project Act, which relied upon the transfer of Sacramento
River water south through the Delta and maintenance of a more
constant salinity regime by using upstream reservoir releases of
freshwater to create a hydraulic salinity barrier. As a result of the
operations of state and federal water projects, the natural salinity
variations in the Delta have been altered. Restoring a healthy
estuarine ecosystem in the Delta may require developing a more
natural salinity regime in parts of the Delta.
85004. The Legislature finds and declares all of the following:
(a) The economies of major regions of the state depend on the
ability to use water within the Delta watershed or to import water
from the Delta watershed. More than two-thirds of the residents of
the state and more than two million acres of highly productive
farmland receive water exported from the Delta watershed.
(b) Providing a more reliable water supply for the state involves
implementation of water use efficiency and conservation projects,
wastewater reclamation projects, desalination, and new and improved
infrastructure, including water storage and Delta conveyance
facilities.
CHAPTER 2. DELTA POLICY
85020. The policy of the State of California is to achieve the
following objectives that the Legislature declares are inherent in
the coequal goals for management of the Delta:
(a) Manage the Delta's water and environmental resources and the
water resources of the state over the long term.
(b) Protect and enhance the unique cultural, recreational, and
agricultural values of the California Delta as an evolving place.
(c) Restore the Delta ecosystem, including its fisheries and
wildlife, as the heart of a healthy estuary and wetland ecosystem.
(d) Promote statewide water conservation, water use efficiency,
and sustainable water use.
(e) Improve water quality to protect human health and the
environment consistent with achieving water quality objectives in the
Delta.
(f) Improve the water conveyance system and expand statewide water
storage.
(g) Reduce risks to people, property, and state interests in the
Delta by effective emergency preparedness, appropriate land uses, and
investments in flood protection.
(h) Establish a new governance structure with the authority,
responsibility, accountability, scientific support, and adequate and
secure funding to achieve these objectives.
85021. The policy of the State of California is to reduce
reliance on the Delta in meeting California's future water supply
needs through a statewide strategy of investing in improved regional
supplies, conservation, and water use efficiency. Each region that
depends on water from the Delta watershed shall improve its regional
self-reliance for water through investment in water use efficiency,
water recycling, advanced water technologies, local and regional
water supply projects, and improved regional coordination of local
and regional water supply efforts.
85022. (a) It is the intent of the Legislature that state and
local land use actions identified as "covered actions" pursuant to
Section 85057.5 be consistent with the Delta Plan. This section's
findings, policies, and goals apply to Delta land use planning and
development.
(b) The actions of the council shall be guided by the findings,
policies, and goals expressed in this section when reviewing
decisions of the commission pursuant to Division 19.5 (commencing
with Section 29700) of the Public Resources Code.
(c) The Legislature finds and declares all of the following:
(1) The Delta is a distinct and valuable natural resource of vital
and enduring interest to all the people and exists as a delicately
balanced estuary and wetland ecosystem of hemispheric importance.
(2) The permanent protection of the Delta's natural and scenic
resources is the paramount concern to present and future residents of
the state and nation.
(3) To promote the public safety, health, and welfare, and to
protect public and private property, wildlife, fisheries, and the
natural environment, it is necessary to protect and enhance the
ecosystem of the Delta and prevent its further deterioration and
destruction.
(4) Existing developed uses, and future developments that are
carefully planned and developed consistent with the policies of this
division, are essential to the economic and social well-being of the
people of this state and especially to persons living and working in
the Delta.
(d) The fundamental goals for managing land use in the Delta are
to do all of the following:
(1) Protect, maintain, enhance, and, where feasible, restore the
overall quality of the Delta environment and its natural and
artificial resources.
(2) Ensure the utilization and conservation of Delta resources,
taking into account the social and economic needs of the people of
the state.
(3) Maximize public access to Delta resources and maximize public
recreational opportunities in the Delta consistent with sound
resources conservation principles and constitutionally protected
rights of private property owners.
(4) Encourage state and local initiatives and cooperation in
preparing procedures to implement coordinated planning and
development for mutually beneficial uses, including educational uses,
in the Delta.
(5) Develop new or improved aquatic and terrestrial habitat and
protect existing habitats to advance the goal of restoring and
enhancing the Delta ecosystem.
(6) Improve water quality to protect human health and the
environment consistent with achieving water quality objectives in the
Delta.
85023. The longstanding constitutional principle of reasonable
use and the public trust doctrine shall be the foundation of state
water management policy and are particularly important and applicable
to the Delta.
CHAPTER 3. MISCELLANEOUS PROVISIONS
85031. (a) This division does not diminish, impair, or otherwise
affect in any manner whatsoever any area of origin, watershed of
origin, county of origin, or any other water rights protections,
including, but not limited to, rights to water appropriated prior to
December 19, 1914, provided under the law. This division does not
limit or otherwise affect the application of Article 1.7 (commencing
with Section 1215) of Chapter 1 of Part 2 of Division 2, Sections
10505, 10505.5, 11128, 11460, 11461, 11462, and 11463, and Sections
12200 to 12220, inclusive.
(b) For the purposes of this division, an area that utilizes water
that has been diverted and conveyed from the Sacramento River
hydrologic region, for use outside the Sacramento River hydrologic
region or the Delta, shall not be deemed to be immediately adjacent
thereto or capable of being conveniently supplied with water
therefrom by virtue or on account of the diversion and conveyance of
that water through facilities that may be constructed for that
purpose after January 1, 2010.
(c) Nothing in this division supersedes, limits, or otherwise
modifies the applicability of Chapter 10 (commencing with Section
1700) of Part 2 of Division 2, including petitions related to any new
conveyance constructed or operated in accordance with Chapter 2
(commencing with Section 85320) of Part 4 of Division 35.
(d) Unless otherwise expressly provided, nothing in this division
supersedes, reduces, or otherwise affects existing legal protections,
both procedural and substantive, relating to the state board's
regulation of diversion and use of water, including, but not limited
to, water right priorities, the protection provided to municipal
interests by Sections 106 and 106.5, and changes in water rights.
Nothing in this division expands or otherwise alters the board's
existing authority to regulate the diversion and use of water or the
courts' existing concurrent jurisdiction over California water
rights.
85032. This division does not affect any of the following:
(a) The Natural Community Conservation Planning Act (Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code).
(b) The California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code).
(c) The Fish and Game Code.
(d) The Porter-Cologne Water Quality Control Act (Division 7
(commencing with Section 13000).
(e) Chapter 8 (commencing with Section 12930) of Part 6 of
Division 6.
(f) The California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code).
(g) Section 1702.
(h) The application of the public trust doctrine.
(i) Any water right.
(j) The liability of the state for flood protection in the Delta
or its watershed.
85034. (a) (1) The council shall administer all contracts,
grants, easements, and agreements made or entered into by the
California Bay-Delta Authority under Division 26.4 (commencing with
Section 79400), as that division read on December 31, 2009.
(2) The exercise of the authority described in paragraph (1) is
not subject to review or approval by the Department of General
Services.
(3) A contract, lease, license, or any other agreement to which
the California Bay-Delta Authority is a party is not void or voidable
as a result of the implementation of this subdivision, but shall
continue in full force and effect until the end of its term.
(b) The council shall be the successor to and shall assume from
the California Bay-Delta Authority all of the administrative rights,
abilities, obligations, and duties of that authority.
(c) The council shall have possession and control of all records,
papers, equipment, supplies, contracts, leases, agreements, and other
property, real or personal, connected with the administration of
Division 26.4 (commencing with Section 79400), as that division read
on December 31, 2009, or held for the benefit or use of the
California Bay-Delta Authority.
(d) The council shall assume from the California Bay-Delta
Authority all responsibility to manage, in accordance with Chapter 5
(commencing with Section 85280) of Part 3, the science program
element that was required to be undertaken by Division 26.4
(commencing with Section 79400).
(e)
Consistent with the responsibilities and duties assumed by the
council pursuant to this section, all staff, resources, and funding
within the Natural Resources Agency and the Department of Forestry
and Fire Protection for the support of the CALFED Bay-Delta Program
are hereby transferred to, and may be expended for the purposes of,
the council. The executive officer of the council shall confer with
the Director of Fish and Game, the director of the department, and
the executive director of the board regarding possible reallocation
of the staff and resources. The status, position, and rights of any
officer or employee shall not be affected by this transfer and all
officers and employees shall be retained pursuant to the State Civil
Service Act (Part 2 (commencing with Section 18500) of Division 5 of
Title 2 of the Government Code).
CHAPTER 4. DEFINITIONS
85050. Unless the context otherwise requires, the definitions set
forth in this chapter govern the construction of this division.
85051. "Acquisition" means the acquisition of a fee interest or
any other interest, including easements, leases, and development
rights.
85052. "Adaptive management" means a framework and flexible
decisionmaking process for ongoing knowledge acquisition, monitoring,
and evaluation leading to continuous improvement in management
planning and implementation of a project to achieve specified
objectives.
85053. "Bay Delta Conservation Plan" or "BDCP" means a
multispecies conservation plan.
85054. "Coequal goals" means the two goals of providing a more
reliable water supply for California and protecting, restoring, and
enhancing the Delta ecosystem. The coequal goals shall be achieved in
a manner that protects and enhances the unique cultural,
recreational, natural resource, and agricultural values of the Delta
as an evolving place.
85055. "Commission" means the Delta Protection Commission
established in Division 19.5 (commencing with Section 29700) of the
Public Resources Code.
85056. "Conservancy" means the Sacramento-San Joaquin Delta
Conservancy established in Section 32320 of the Public Resources
Code.
85057. "Council" means the Delta Stewardship Council established
in Section 85200.
85057.5. (a) "Covered action" means a plan, program, or project
as defined pursuant to Section 21065 of the Public Resources Code
that meets all of the following conditions:
(1) Will occur, in whole or in part, within the boundaries of the
Delta or Suisun Marsh.
(2) Will be carried out, approved, or funded by the state or a
local public agency.
(3) Is covered by one or more provisions of the Delta Plan.
(4) Will have a significant impact on achievement of one or both
of the coequal goals or the implementation of government-sponsored
flood control programs to reduce risks to people, property, and state
interests in the Delta.
(b) "Covered action" does not include any of the following:
(1) A regulatory action of a state agency.
(2) Routine maintenance and operation of the State Water Project
or the federal Central Valley Project.
(3) Regional transportation plans prepared pursuant to Section
65080 of the Government Code.
(4) Any plan, program, project, or activity within the secondary
zone of the Delta that the applicable metropolitan planning
organization under Section 65080 of the Government Code has
determined is consistent with either a sustainable communities
strategy or an alternative planning strategy that the State Air
Resources Board has determined would, if implemented, achieve the
greenhouse gas emission reduction targets established by that board
pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of
Section 65080 of the Government Code. For purposes of this paragraph,
"consistent with" means consistent with the use designation,
density, building intensity, transportation plan, and applicable
policies specified for the area in the sustainable communities
strategy or the alternative planning strategy, as applicable, and any
infrastructure necessary to support the plan, program, project, or
activity.
(5) Routine maintenance and operation of any facility located, in
whole or in part, in the Delta, that is owned or operated by a local
public agency.
(6) Any plan, program, project, or activity that occurs, in whole
or in part, in the Delta, if both of the following conditions are
met:
(A) The plan, program, project, or activity is undertaken by a
local public agency that is located, in whole or in part, in the
Delta.
(B) Either a notice of determination is filed, pursuant to Section
21152 of the Public Resources Code, for the plan, program, project,
or activity by, or the plan, program, project, or activity is fully
permitted by, September 30, 2009.
(7) (A) Any project within the secondary zone, as defined pursuant
to Section 29731 of Public Resources Code as of January 1, 2009, for
which a notice of approval or determination pursuant to Section
21152 of the Public Resources Code has been filed before the date on
which the Delta Plan becomes effective.
(B) Any project for which a notice of approval or determination is
filed on or after the date on which the final Bay Delta Conservation
Plan becomes effective, and before the date on which the Delta Plan
becomes effective, is not a covered action but shall be consistent
with the Bay Delta Conservation Plan.
(C) Subparagraphs (A) and (B) do not apply to either of the
following:
(i) Any project that is within a Restoration Opportunity Area as
shown in Figure 3.1 of Chapter 3: Draft Conservation Strategy of the
Bay Delta Conservation Plan, August 3, 2009, or as shown in a final
Bay Delta Conservation Plan.
(ii) Any project that is within the alignment of a conveyance
facility as shown in Figures 1 to 5, inclusive, of the Final Draft
Initial Assessment of Dual Delta Water Conveyance Report, April 23,
2008, and in future revisions of this document by the department.
(c) Nothing in the application of this section shall be
interpreted to authorize the abrogation of any vested right whether
created by statute or by common law.
85058. "Delta" means the Sacramento-San Joaquin Delta as defined
in Section 12220 and the Suisun Marsh, as defined in Section 29101 of
the Public Resources Code.
85059. "Delta Plan" means the comprehensive, long-term management
plan for the Delta as adopted by the council in accordance with this
division.
85060. "Delta watershed" means the Sacramento River Hydrologic
Region and the San Joaquin River Hydrologic Region as described in
the department's Bulletin No. 160-05.
85064. "Public water agency" means a public entity, as defined in
Section 514, that provides water service, as defined in Section 515.
85066. "Restoration" means the application of ecological
principles to restore a degraded or fragmented ecosystem and return
it to a condition in which its biological and structural components
achieve a close approximation of its natural potential, taking into
consideration the physical changes that have occurred in the past and
the future impact of climate change and sea level rise.
85067. "Strategic Plan" means both the "Delta Vision Strategic
Plan" issued by the Delta Vision Blue Ribbon Task Force on October
17, 2008, and the "Delta Vision Implementation Report" adopted by the
Delta Vision Committee and dated December 31, 2008.
PART 2. Early Actions
85080. The council shall appoint a Delta Independent Science
Board in accordance with Section 85280.
85082. The council shall develop and implement a strategy to
appropriately engage participation of the federal agencies with
responsibilities in the Delta. This strategy shall include engaging
these federal agencies to develop the Delta Plan consistent with the
federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et
seq.), the federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.), and
Section 8 of the federal Reclamation Act of 1902.
85084. The council shall develop an interim plan that includes
recommendations for early actions, projects, and programs.
85084.5. The Department of Fish and Game, in consultation with
the United States Fish and Wildlife Service and the National Marine
Fisheries Service and based on the best available science, shall
develop and recommend to the board Delta flow criteria and
quantifiable biological objectives for aquatic and terrestrial
species of concern dependent on the Delta. The recommendations shall
be developed no later than 12 months after the date of enactment of
this division.
85085. The department shall do all of the following:
(a) Coordinate with the Department of Fish and Game, the board,
the California regional water quality control boards, and the State
Lands Commission efforts to cooperate with the United States Bureau
of Reclamation to construct and implement the Two-Gates Fish
Protection Demonstration Project by December 1, 2010.
(b) Evaluate the effectiveness of the Three Mile Slough Barrier
project.
(c) Expeditiously move ahead with other near term actions as
identified in the Strategic Plan.
(d) Assist in implementing early action ecosystem restoration
projects, including, but not limited to, Dutch Slough tidal marsh
restoration and Meins Island tidal marsh restoration.
85086. (a) The board shall establish an effective system of Delta
watershed diversion data collection and public reporting by December
31, 2010.
(b) It is the intent of the Legislature to establish an
accelerated process to determine instream flow needs of the Delta for
the purposes of facilitating the planning decisions that are
required to achieve the objectives of the Delta Plan.
(c) (1) For the purpose of informing planning decisions for the
Delta Plan and the Bay Delta Conservation Plan, the board shall,
pursuant to its public trust obligations, develop new flow criteria
for the Delta ecosystem necessary to protect public trust resources.
In carrying out this section, the board shall review existing water
quality objectives and use the best available scientific information.
The flow criteria for the Delta ecosystem shall include the volume,
quality, and timing of water necessary for the Delta ecosystem under
different conditions. The flow criteria shall be developed in a
public process by the board within nine months of the enactment of
this division. The public process shall be in the form of an
informational proceeding conducted pursuant to Article 3 (commencing
with Section 649) of Chapter 1.5 of Division 3 of Title 23 of the
California Code of Regulations, and shall provide an opportunity for
all interested persons to participate. The flow criteria shall not be
considered predecisional with regard to any subsequent board
consideration of a permit, including any permit in connection with a
final BDCP.
(2) Any order approving a change in the point of diversion of the
State Water Project or the federal Central Valley Project from the
southern Delta to a point on the Sacramento River shall include
appropriate Delta flow criteria and shall be informed by the analysis
conducted pursuant to this section. The flow criteria shall be
subject to modification over time based on a science-based adaptive
management program that integrates scientific and monitoring results,
including the contribution of habitat and other conservation
measures, into ongoing Delta water management.
(3) Nothing in this section amends or otherwise affects the
application of the board's authority under Part 2 (commencing with
Section 1200) of Division 2 to include terms and conditions in
permits that in its judgment will best develop, conserve, and utilize
in the public interest the water sought to be appropriated.
(d) The board shall enter into an agreement with the State Water
Project contractors and the federal Central Valley Project
contractors, who rely on water exported from the Sacramento River
watershed, or a joint powers authority comprised of those
contractors, for reimbursement of the costs of the analysis conducted
pursuant to this section.
(e) The board shall submit its flow criteria determinations
pursuant to this section to the council for its information within 30
days of completing the determinations.
85087. The board, by December 31, 2010, shall submit to the
Legislature a prioritized schedule and estimate of costs to complete
instream flow studies for the Delta and for high priority rivers and
streams in the Delta watershed, not otherwise covered by Section
85086, by 2012, and for all major rivers and streams outside the
Sacramento River watershed by 2018. In developing this schedule, the
board shall consult with the Department of Fish and Game as to the
timing of its submission of recommendations for instream flow needs.
85088. Until the board issues an order approving a change in the
point of diversion of the State Water Project and the federal Central
Valley Project from the southern Delta to a point on the Sacramento
River as specified in subdivision (c) of Section 85086, the
department shall not commence construction of any diversion,
conveyance, or other facility necessary to divert and convey water
pursuant to the change in point of diversion.
85089. Construction of a new Delta conveyance facility shall not
be initiated until the persons or entities that contract to receive
water from the State Water Project and the federal Central Valley
Project or a joint powers authority representing those entities have
made arrangements or entered into contracts to pay for both of the
following:
(a) The costs of the environmental review, planning, design,
construction, and mitigation, including mitigation required pursuant
to Division 13 (commencing with Section 21000 of the Public Resources
Code), required for the construction, operation, and maintenance of
any new Delta water conveyance facility.
(b) Full mitigation of property tax or assessments levied by local
governments or special districts for land used in the construction,
location, mitigation, or operation of new Delta conveyance
facilities.
PART 3. DELTA GOVERNANCE
CHAPTER 1. DELTA STEWARDSHIP COUNCIL
85200. (a) The Delta Stewardship Council is hereby established as
an independent agency of the state.
(b) (1) The council shall consist of seven voting members, of
which four members shall be appointed by the Governor and confirmed
by the Senate, one member shall be appointed by the Senate Committee
on Rules, one member shall be appointed by the Speaker of the
Assembly, and one member shall be the Chairperson of the Delta
Protection Commission. Initial appointments to the council shall be
made by July 1, 2010.
(2) No member of the council shall serve two consecutive terms,
but a member may be reappointed after a period of two years following
the end of his or her term.
(c) (1) (A) The initial terms of two of the four members appointed
by the Governor shall be four years.
(B) The initial terms of two of the four members appointed by the
Governor shall be six years.
(C) The initial terms of the members appointed by the Senate
Committee on Rules and the Speaker of the Assembly shall be four
years.
(D) Upon the expiration of each term described in subparagraphs
(A), (B), or (C), the term of each succeeding member shall be four
years.
(2) The Chairperson of the Delta Protection Commission shall serve
as a member of the council for the period during which he or she
holds the position as commission chairperson.
(d) Any vacancy shall be filled by the appointing authority within
60 days. If the term of a council member expires, and no successor
is appointed within the allotted timeframe, the existing member may
serve up to 180 days beyond the expiration of his or her term.
(e) The council members shall select a chairperson from among
their members, who shall serve for not more than four years in that
capacity.
(f) The council shall meet once a month in a public forum. At
least two meetings each year shall take place at a location within
the Delta.
85201. (a) The chairperson shall serve full time. Other members
shall serve one-third time. The council may select a vice chairperson
and other officers determined to be necessary.
(b) Each member of the council shall receive the salary provided
for in Section 11564 of the Government Code.
(c) The members of the council shall be reimbursed for expenses
necessarily incurred in the performance of official duties.
(d) The council shall appoint an executive officer who shall serve
full time at the pleasure of the council.
(e) The executive officer shall hire employees necessary to carry
out council functions.
(f) The number of employees and qualifications of those employees
shall be determined by the council, subject to the availability of
funds.
(g) The salary of each employee of the council shall be determined
by the State Personnel Board, and shall reflect the duties and
responsibilities of the position.
(h) All persons employed by the council are state employees,
subject to the duties, responsibilities, limitations, and benefits of
the state.
85202. Council members shall possess diverse expertise and
reflect a statewide perspective.
85203. The headquarters of the council shall be located in
Sacramento.
85204. The council shall establish and oversee a committee of
agencies responsible for implementing the Delta Plan. Each agency
shall coordinate its actions pursuant to the Delta Plan with the
council and the other relevant agencies.
CHAPTER 2. MISSION, DUTIES, AND RESPONSIBILITIES OF THE
COUNCIL
85210. The council has all of the following powers:
(a) To sue or be sued.
(b) To enter into contracts.
(c) To employ the services of public, nonprofit, and private
entities.
(d) To delegate administrative functions to council staff.
(e) To employ its own legal staff or contract with other state or
federal agencies for legal services, or both. The council may employ
special legal counsel with the approval of the Attorney General.
(f) To receive funds, including funds from private and local
governmental sources, contributions from public and private sources,
as well as state and federal appropriations.
(g) To disburse funds through grants, public assistance, loans,
and contracts.
(h) To request reports from state, federal, and local governmental
agencies on issues related to the implementation of the Delta Plan.
(i) To adopt regulations or guidelines as needed to carry out the
powers and duties identified in this division.
(j) To comment on state agency environmental impact reports for
projects outside the Delta that the council determines will have a
significant impact on the Delta.
(k) To hold hearings in all parts of the state necessary to carry
out the powers vested in it, and for those purposes has the powers
conferred upon the heads of state departments pursuant to Article 2
(commencing with Section 11180) of Chapter 2 of Part 1 of Division 3
of Title 2 of the Government Code. Any hearing by the council may be
conducted by any member of the council, or other designee, upon
authorization of the council, and he or she shall have the powers
granted to the council by this section, provided that any final
action of the council shall be taken by a majority of the membership
of the council at a meeting duly called and held.
85210.5. A majority of the voting members of the council shall
constitute a quorum for the transaction of the business of the
council. A majority vote of the voting membership shall be required
to take action with respect to any matter unless otherwise specified
in this division. The vote of each member shall be individually
recorded.
85211. The Delta Plan shall include performance measurements that
will enable the council to track progress in meeting the objectives
of the Delta Plan. The performance measurements shall include, but
need not be limited to, quantitative or otherwise measurable
assessments of the status and trends in all of the following:
(a) The health of the Delta's estuary and wetland ecosystem for
supporting viable populations of aquatic and terrestrial species,
habitats, and processes, including viable populations of Delta
fisheries and other aquatic organisms.
(b) The reliability of California water supply imported from the
Sacramento River or the San Joaquin River watershed.
85212. The council shall review and provide timely advice to
local and regional planning agencies regarding the consistency of
local and regional planning documents, including sustainable
communities strategies and alternative planning strategies prepared
pursuant to Section 65080 of the Government Code, with the Delta
Plan. The council's input shall include, but not be limited to,
reviewing the consistency of local and regional planning documents
with the ecosystem restoration needs of the Delta and reviewing
whether the lands set aside for natural resource protection are
sufficient to meet the Delta's ecosystem needs. A metropolitan
planning organization preparing a regional transportation plan under
Section 65080 of the Government Code that includes land within the
primary or secondary zones of the Delta shall consult with the
council early in the planning process regarding the issues and policy
choices relating to the council's advice. No later than 60 days
prior to the adoption of a final regional transportation plan, the
metropolitan planning organization shall provide the council with a
draft sustainable communities strategy and an alternative planning
strategy, if any. Concurrently, the metropolitan planning
organization shall provide notice of its submission to the council in
the same manner in which agencies file a certificate of consistency
pursuant to Section 85225. If the council concludes that the draft
sustainable communities strategy or alternative planning strategy is
inconsistent with the Delta Plan, the council shall provide written
notice of the claimed inconsistency to the metropolitan planning
organization no later than 30 days prior to the adoption of the final
regional transportation plan. If the council provides timely notice
of a claimed inconsistency, the metropolitan planning organization's
adoption of the final regional transportation plan shall include a
detailed response to the council's notice.
CHAPTER 3. CONSISTENCY OF STATE AND LOCAL PUBLIC AGENCY
ACTIONS
85225. A state or local public agency that proposes to undertake
a covered action, prior to initiating the implementation of that
covered action, shall prepare a written certification of consistency
with detailed findings as to whether the covered action is consistent
with the Delta Plan and shall submit that certification to the
council.
85225.5. To assist state and local public agencies in preparing
the required certification, the council shall develop procedures for
early consultation with the council on the proposed covered action.
85225.10. (a) Any person who claims that a proposed covered
action is inconsistent with the Delta Plan and, as a result of that
inconsistency, the action will have a significant adverse impact on
the achievement of one or both of the coequal goals or implementation
of government-sponsored flood control programs to reduce risks to
people and property in the Delta, may file an appeal with regard to a
certification of consistency submitted to the council.
(b) The appeal shall clearly and specifically set forth the basis
for the claim, including specific factual allegations, that the
covered action is inconsistent with the Delta Plan. The council may
request from the appellant additional information necessary to
clarify, amplify, correct, or otherwise supplement the information
submitted with the appeal, within a reasonable period.
(c) The council, or by delegation the executive officer, may
dismiss the appeal for failure of the appellant to provide
information requested by the council within the period provided, if
the information requested is in the possession or under the control
of the appellant.
85225.15. The appeal shall be filed no later than 30 days after
the submission of the certification of consistency. If no person
appeals the certification of consistency, the state or local public
agency may proceed to implement the covered action.
85225.20. The appeal shall be heard by the council within 60 days
of the date of the filing of the appeal, unless the council, or by
delegation the executive officer, determines that the issue raised on
appeal is not within the council's jurisdiction or does not raise an
appealable issue. The council shall make its decision on the appeal
within 60 days of hearing the appeal.
85225.25. After a hearing on an appealed action, the council
shall make specific written findings either denying the appeal or
remanding the matter to the state or local public agency for
reconsideration of the covered action based on the finding that the
certification of consistency is not supported by substantial evidence
in the record before the state or local public agency that filed the
certification. Upon remand, the state or local agency may determine
whether to proceed with the covered action. If the agency decides to
proceed with the action or with the action as modified to respond to
the findings of the council, the agency shall, prior to proceeding
with the action, file a revised certification of consistency that
addresses each of the findings made by the council and file that
revised certification with the council.
85225.30. The council shall adopt administrative procedures
governing appeals, which shall be exempt from Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code.
CHAPTER 4. DELTA WATERMASTER
85230. (a) The board, in consultation with the council, shall
appoint, for a term of four years, a special master for the Delta,
whose title shall be "the Delta Watermaster."
(b) The board shall adopt internal procedures delegating authority
to the Delta Watermaster. The Delta Watermaster shall exercise the
board's authority to provide timely monitoring and enforcement of
board orders and license and permit terms and conditions. The Delta
Watermaster's delegated authority shall include authority to require
monitoring and reporting, authority for approvals delegated to an
officer or employee of the board by the terms of a water right permit
or license, authority to approve temporary urgency changes pursuant
to Chapter 6.6 (commencing with Section 1435) of Part 2 of Division
2, and authority to issue a notice of proposed cease and desist order
or administrative civil liability
complaint. The Delta Watermaster's authority shall
be limited to diversions in the Delta, and for the monitoring and
enforcement of the board's orders and license and permit terms and
conditions that apply to conditions in the Delta.
(c) The internal procedures adopted by the board shall provide for
due process in adjudicative proceedings, and may establish
procedures for the issuance of a stay of any order or decision of the
Delta Watermaster for which a petition for reconsideration is filed
or reconsideration is ordered under Section 1122. The board may
provide any additional duties or needs of the Delta Watermaster that
the board deems necessary for effective day-to-day enforcement of its
decisions.
(d) The Delta Watermaster shall submit regular reports to the
board and the council including, but not limited to, reports on water
rights administration, water quality issues, and conveyance
operations.
CHAPTER 5. DELTA INDEPENDENT SCIENCE BOARD AND DELTA SCIENCE
PROGRAM
85280. (a) The Delta Independent Science Board is hereby
established in state government.
(1) The Delta Independent Science Board shall consist of no more
than 10 members appointed by the council. The term of office for
members of the Delta Independent Science Board shall be five years. A
member may serve no more than two terms.
(2) Members of the Delta Independent Science Board shall be
nationally or internationally prominent scientists with appropriate
expertise to evaluate the broad range of scientific programs that
support adaptive management of the Delta. The members shall not be
directly affiliated with a program or agency subject to the review
activities of the Delta Independent Science Board.
(3) The Delta Independent Science Board shall provide oversight of
the scientific research, monitoring, and assessment programs that
support adaptive management of the Delta through periodic reviews of
each of those programs that shall be scheduled to ensure that all
Delta scientific research, monitoring, and assessment programs are
reviewed at least once every four years.
(4) The Delta Independent Science Board shall submit to the
council a report on the results of each review, including
recommendations for any changes in the programs reviewed by the
board.
(b) After consultation with the Delta Independent Science Board,
the council shall appoint a lead scientist for the Delta Science
Program.
(1) The lead scientist shall meet all of the following
qualifications:
(A) Hold an advanced degree in a field related to water or
ecosystem management.
(B) Have a strong record of scientific research and publication in
peer-reviewed scientific journals in a field related to water or
ecosystem management.
(C) Have experience advising high-level managers in science-based
decisionmaking in the areas of water management and ecosystem
restoration.
(D) Have the capability to guide the application of an adaptive
management process to resource management policy decisions in the
Delta.
(2) The term of office for the lead scientist shall be no more
than three years. The lead scientist may serve no more than two
terms.
(3) The lead scientist shall oversee the implementation of the
Delta Science Program. In carrying out that responsibility, the lead
scientist shall regularly consult with the agencies participating in
the program.
(4) The mission of the Delta Science Program shall be to provide
the best possible unbiased scientific information to inform water and
environmental decisionmaking in the Delta. That mission shall be
carried out through funding research, synthesizing and communicating
scientific information to policymakers and decisionmakers, promoting
independent scientific peer review, and coordinating with Delta
agencies to promote science-based adaptive management. The Delta
Science Program shall assist with development and periodic updates of
the Delta Plan's adaptive management program.
(c) The Delta Science Program shall function as a replacement for,
and successor to, the CALFED Science Program and the Delta
Independent Science Board shall replace the CALFED Independent
Science Board.
PART 4. COMPREHENSIVE DELTA PLANNING
CHAPTER 1. THE DELTA PLAN
85300. (a) On or before January 1, 2012, the council shall
develop, adopt, and commence implementation of the Delta Plan
pursuant to this part that furthers the coequal goals. The Delta Plan
shall include subgoals and strategies to assist in guiding state and
local agency actions related to the Delta. In developing the Delta
Plan, the council shall consider each of the strategies and actions
set forth in the Strategic Plan and may include any of those
strategies or actions in the Delta Plan. The Delta Plan may also
identify specific actions that state or local agencies may take to
implement the subgoals and strategies.
(b) In developing the Delta Plan, the council shall consult with
federal, state, and local agencies with responsibilities in the
Delta. All state agencies with responsibilities in the Delta shall
cooperate with the council in developing the Delta Plan, upon request
of the council.
(c) The council shall review the Delta Plan at least once every
five years and may revise it as the council deems appropriate. The
council may request any state agency with responsibilities in the
Delta to make recommendations with respect to revision of the Delta
Plan.
(d) (1) The council shall develop the Delta Plan consistent with
all of the following:
(A) The federal Coastal Zone Management Act of 1972 (16 U.S.C.
Sec. 1451 et seq.), or an equivalent compliance mechanism.
(B) Section 8 of the federal Reclamation Act of 1902.
(C) The federal Clean Water Act (33 U.S.C. Sec. 1251 et seq.).
(2) If the council adopts a Delta Plan pursuant to the federal
Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.),
the council shall submit the Delta Plan for approval to the United
States Secretary of Commerce pursuant to that act, or to any other
federal official assigned responsibility for the Delta pursuant to a
federal statute enacted after January 1, 2010.
(e) The council shall report to the Legislature no later than
March 31, 2012, as to its adoption of the Delta Plan.
85301. (a) The commission shall develop, for consideration and
incorporation into the Delta Plan by the council, a proposal to
protect, enhance, and sustain the unique cultural, historical,
recreational, agricultural, and economic values of the Delta as an
evolving place, in a manner consistent with the coequal goals. For
the purpose of carrying out this subdivision, the commission may
include in the proposal the relevant strategies described in the
Strategic Plan.
(b) (1) The commission shall include in the proposal a plan to
establish state and federal designation of the Delta as a place of
special significance, which may include application for a federal
designation of the Delta as a National Heritage Area.
(2) The commission shall include in the proposal a regional
economic plan to support increased investment in agriculture,
recreation, tourism, and other resilient land uses in the Delta. The
regional economic plan shall include detailed recommendations for the
administration of the Delta Investment Fund created by Section
29778.5 of the Public Resources Code.
(c) For the purposes of assisting the commission in its
preparation of the proposal, both of the following actions shall be
undertaken:
(1) The Department of Parks and Recreation shall prepare a
proposal, for submission to the commission, to expand within the
Delta the network of state recreation areas, combining existing and
newly designated areas. The proposal may incorporate appropriate
aspects of any existing plans, including the Central Valley Vision
Implementation Plan adopted by the Department of Parks and
Recreation.
(2) The Department of Food and Agriculture shall prepare a
proposal, for submission to the commission, to establish market
incentives and infrastructure to protect and enhance the economic and
public values of Delta agriculture.
(d) The commission shall submit the proposal developed pursuant to
subdivision (a) to the council. The council shall consider the
proposal and may include any portion of the proposal in the Delta
Plan if the council, in its discretion, determines that the portion
of the proposal is feasible and consistent with the objectives of the
Delta Plan and the purposes of this division.
85302. (a) The implementation of the Delta Plan shall further the
restoration of the Delta ecosystem and a reliable water supply.
(b) The geographic scope of the ecosystem restoration projects and
programs identified in the Delta Plan shall be the Delta, except
that the Delta Plan may include recommended ecosystem projects
outside the Delta that will contribute to achievement of the coequal
goals.
(c) The Delta Plan shall include measures that promote all of the
following characteristics of a healthy Delta ecosystem:
(1) Viable populations of native resident and migratory species.
(2) Functional corridors for migratory species.
(3) Diverse and biologically appropriate habitats and ecosystem
processes.
(4) Reduced threats and stresses on the Delta ecosystem.
(5) Conditions conducive to meeting or exceeding the goals in
existing species recovery plans and state and federal goals with
respect to doubling salmon populations.
(d) The Delta Plan shall include measures to promote a more
reliable water supply that address all of the following:
(1) Meeting the needs for reasonable and beneficial uses of water.
(2) Sustaining the economic vitality of the state.
(3) Improving water quality to protect human health and the
environment.
(e) The following subgoals and strategies for restoring a healthy
ecosystem shall be included in the Delta Plan:
(1) Restore large areas of interconnected habitats within the
Delta and its watershed by 2100.
(2) Establish migratory corridors for fish, birds, and other
animals along selected Delta river channels.
(3) Promote self-sustaining, diverse populations of native and
valued species by reducing the risk of take and harm from invasive
species.
(4) Restore Delta flows and channels to support a healthy estuary
and other ecosystems.
(5) Improve water quality to meet drinking water, agriculture, and
ecosystem long-term goals.
(6) Restore habitat necessary to avoid a net loss of migratory
bird habitat and, where feasible, increase migratory bird habitat to
promote viable populations of migratory birds.
(f) The council shall consider, for incorporation into the Delta
Plan, actions designed to implement the subgoals and strategies
described in subdivision (e).
(g) In carrying out this section, the council shall make use of
the best available science.
(h) The Delta Plan shall include recommendations regarding state
agency management of lands in the Delta.
85303. The Delta Plan shall promote statewide water conservation,
water use efficiency, and sustainable use of water.
85304. The Delta Plan shall promote options for new and improved
infrastructure relating to the water conveyance in the Delta, storage
systems, and for the operation of both to achieve the coequal goals.
85305. (a) The Delta Plan shall attempt to reduce risks to
people, property, and state interests in the Delta by promoting
effective emergency preparedness, appropriate land uses, and
strategic levee investments.
(b) The council may incorporate into the Delta Plan the emergency
preparedness and response strategies for the Delta developed by the
California Emergency Management Agency pursuant to Section 12994.5.
85306. The council, in consultation with the Central Valley Flood
Protection Board, shall recommend in the Delta Plan priorities for
state investments in levee operation, maintenance, and improvements
in the Delta, including both levees that are a part of the State Plan
of Flood Control and nonproject levees.
85307. (a) The Delta Plan may identify actions to be taken
outside of the Delta, if those actions are determined to
significantly reduce flood risks in the Delta.
(b) The Delta Plan may include local plans of flood protection.
(c) The council, in consultation with the Department of
Transportation, may address in the Delta Plan the effects of climate
change and sea level rise on the three state highways that cross the
Delta.
(d) The council, in consultation with the State Energy Resources
Conservation and Development Commission and the Public Utilities
Commission, may incorporate into the Delta Plan additional actions to
address the needs of Delta energy development, energy storage, and
energy distribution.
85308. The Delta Plan shall meet all of the following
requirements:
(a) Be based on the best available scientific information and the
independent science advice provided by the Delta Independent Science
Board.
(b) Include quantified or otherwise measurable targets associated
with achieving the objectives of the Delta Plan.
(c) Where appropriate, utilize monitoring, data collection, and
analysis of actions sufficient to determine progress toward meeting
the quantified targets.
(d) Describe the methods by which the council shall measure
progress toward achieving the coequal goals.
(e) Where appropriate, recommend integration of scientific and
monitoring results into ongoing Delta water management.
(f) Include a science-based, transparent, and formal adaptive
management strategy for ongoing ecosystem restoration and water
management decisions.
85309. The department, in consultation with the United States
Army Corps of Engineers and the Central Valley Flood Protection
Board, shall prepare a proposal to coordinate flood and water supply
operations of the State Water Project and the federal Central Valley
Project, and submit the proposal to the council for consideration for
incorporation into the Delta Plan. In drafting the proposal, the
department shall consider all related actions set forth in the
Strategic Plan.
CHAPTER 2. BAY DELTA CONSERVATION PLAN
85320. (a) The Bay Delta Conservation Plan (BDCP) shall be
considered for inclusion in the Delta Plan in accordance with this
chapter.
(b) The BDCP shall not be incorporated into the Delta Plan and the
public benefits associated with the BDCP shall not be eligible for
state funding, unless the BDCP does all of the following:
(1) Complies with Chapter 10 (commencing with Section 2800) of
Division 3 of the Fish and Game Code.
(2) Complies with Division 13 (commencing with Section 21000) of
the Public Resources Code, including a comprehensive review and
analysis of all of the following:
(A) A reasonable range of flow criteria, rates of diversion, and
other operational criteria required to satisfy the criteria for
approval of a natural community conservation plan as provided in
subdivision (a) of Section 2820 of the Fish and Game Code, and other
operational requirements and flows necessary for recovering the Delta
ecosystem and restoring fisheries under a reasonable range of
hydrologic conditions, which will identify the remaining water
available for export and other beneficial uses.
(B) A reasonable range of Delta conveyance alternatives, including
through-Delta, dual conveyance, and isolated conveyance alternatives
and including further capacity and design options of a lined canal,
an unlined canal, and pipelines.
(C) The potential effects of climate change, possible sea level
rise up to 55 inches, and possible changes in total precipitation and
runoff patterns on the conveyance alternatives and habitat
restoration activities considered in the environmental impact report.
(D) The potential effects on migratory fish and aquatic resources.
(E) The potential effects on Sacramento River and San Joaquin
River flood management.
(F) The resilience and recovery of Delta conveyance alternatives
in the event of catastrophic loss caused by earthquake or flood or
other natural disaster.
(G) The potential effects of each Delta conveyance alternative on
Delta water quality.
(c) The department shall consult with the council and the Delta
Independent Science Board during the development of the BDCP. The
council shall be a responsible agency in the development of the
environmental impact report. The Delta Independent Science Board
shall review the draft environmental impact report and submit its
comments to the council and the Department of Fish and Game.
(d) If the Department of Fish and Game approves the BDCP as a
natural community conservation plan pursuant to Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code, the council shall have at least one public hearing concerning
the incorporation of the BDCP into the Delta Plan.
(e) If the Department of Fish and Game approves the BDCP as a
natural community conservation plan pursuant to Chapter 10
(commencing with Section 2800) of Division 3 of the Fish and Game
Code and determines that the BDCP meets the requirements of this
section, and the BDCP has been approved as a habitat conservation
plan pursuant to the federal Endangered Species Act (16 U.S.C.
Section 1531 et seq.), the council shall incorporate the BDCP into
the Delta Plan. The Department of Fish and Game's determination that
the BDCP has met the requirements of this section may be appealed to
the council.
(f) The department, in coordination with the Department of Fish
and Game, or any successor agencies charged with BDCP implementation,
shall report to the council on the implementation of the BDCP at
least once a year, including the status of monitoring programs and
adaptive management.
(g) The council may make recommendations to BDCP implementing
agencies regarding the implementation of the BDCP. BDCP implementing
agencies shall consult with the council on these recommendations.
These recommendations shall not change the terms and conditions of
the permits issued by state and federal regulatory agencies.
85321. The BDCP shall include a transparent, real-time
operational decisionmaking process in which fishery agencies ensure
that applicable biological performance measures are achieved in a
timely manner with respect to water system operations.
85322. This chapter does not amend, or create any additional
legal obligation or cause of action under, Chapter 10 (commencing
with Section 2800) of Division 3 of the Fish and Game Code or
Division 13 (commencing with Section 21000) of the Public Resources
Code.
CHAPTER 3. OTHER PLANS FOR THE DELTA
85350. The council may incorporate other completed plans related
to the Delta into the Delta Plan to the extent that the other plans
promote the coequal goals.
SEC. 40. (a) Pursuant to Section 75026 of the Public Resources
Code, the sum of twenty-eight million dollars ($28,000,000) is hereby
appropriated to the Department of Water Resources for expenditure by
that department pursuant to paragraph (12) of subdivision (a) of
Section 75027 of the Public Resources Code for the Two-Gates Fish
Protection Demonstration Program managed by the United States Bureau
of Reclamation. The Department of Water Resources shall expend such
funds only consistent with the requirements of Sections 75026 and
75027 of the Public Resources Code.
(b) It is the intent of the Legislature to finance the activities
of the Delta Stewardship Council and the Sacramento-San Joaquin Delta
Conservancy from funds made available pursuant to the Disaster
Preparedness and Flood Prevention Bond Act of 2006 (Chapter 1.699
(commencing with Section 5096.800) of Division 5 of the Public
Resources Code) and the Safe Drinking Water, Water Quality and
Supply, Flood Control, River and Coastal Protection Bond Act of 2006
(Division 43 (commencing with Section 75001) of the Public Resources
Code).
SEC. 41. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
SEC. 42. This act shall take effect only if Senate Bill 6 and
Senate Bill 7 of the 2009-10 Seventh Extraordinary Session of the
Legislature are enacted and become effective.