BILL NUMBER: SB 458 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2009
AMENDED IN SENATE JUNE 2, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Wolk
(Principal coauthor: Assembly Member Yamada)
(Coauthors: Senators DeSaulnier and Wiggins)
(Coauthor: Assembly Member Torlakson)
FEBRUARY 26, 2009
An act to add Division 22.3 (commencing with Section 32300) to the
Public Resources Code, relating to conservancies.
LEGISLATIVE COUNSEL'S DIGEST
SB 458, as amended, Wolk. Conservancies: Sacramento-San Joaquin
Delta Conservancy.
Existing law authorizes various conservancies to acquire, manage,
direct the management of, and conserve public lands in the state.
This bill would establish the Sacramento-San Joaquin Delta
Conservancy to support efforts that advance both
environmental protection and the economic well-being of Delta
residents, and to cooperate with other Delta governance entities. The
bill would prescribe the management, powers, and duties of the
conservancy undertake various activities related to
the Delta, as defined, and Suisun Marsh, as defined, including
supporting efforts that advance both environmental protection and the
economic well-being of Delta residents, and undertaking efforts to
enhance public use and enjoyment of lands owned by the public. The
bill would prescribe the management, powers, and duties of
the conservancy. The bill would create the Sacramento-San Joaquin
Delta Conservancy Fund in the State Treasury. Moneys in the fund
would be available, upon appropriatio n, for the purposes
of the conservancy .
The Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006, an initiative statute
approved by the voters at the November 7, 2006, statewide general
election, among other things, makes certain bond funds available to
the Department of Fish and Game, in consultation with the Department
of Water Resources for Bay-Delta and coastal fishery restoration
projects, for the development of a natural community conservation
plan for the CALFED Bay-Delta Program, and for coastal salmon and
steelhead fishery restoration projects.
This bill would require the conservancy be funded with those bond
funds, upon appropriation by the Legislature.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. 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, one of the largest estuaries in the world.
(d) The Delta contains more than 500,000 acres of agriculture,
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 Isleton, Rio
Vista, Walnut Grove, Courtland, Clarksburg, Freeport, Knightsen,
Hood, Locke, Ryde, and Bethel Island.
(g) The Delta is home to more than 500,000 people and 200,000
jobs, and contributes over thirty-five billion dollar
($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 agriculture. It supports a
four hundred billion dollars ($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) Undertake efforts to enhance public use and enjoyment of lands
owned by the public, including linkages to areas outside the Delta.
(4) Provide increased opportunities for tourism and recreation.
(5) Promote Delta legacy communities and economic vitality in the
Delta in coordination with the Delta Protection Commission.
(6) Increase the Delta's resilience to the effects of natural
disasters such as floods and earthquakes, in coordination with the
Delta Protection Commission.
(7) Protect and improve water quality.
(8) Assist the Delta regional economy through the operation of the
conservancy's program.
(9) Identify priority projects and initiatives for which funding
is needed.
(10) Protect, conserve, and restore the region's physical,
agricultural, cultural, historical, and living resources.
(11) Assist local entities in the implementation of their Habitat
Conservation Plans (HCPs) and Natural Community Conservation Plans
(NCCPs).
(12) 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.
(13) Promote environmental education.
(j) The voluntary acquisition of wildlife and agricultural
conservation easements in the Delta promotes and enhances the
traditional Delta values of agriculture, habitat, and recreation.
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, 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).
(h) "Tribal organization" means an Indian tribe, band, nation, or
other organized group or community, or a tribal agency authorized by
a tribe, which is recognized as eligible for special programs and
services provided by the United States to Indians because of their
status as Indians and is identified on pages 52829 to 52835,
inclusive, of Number 250 of Volume 53 (December 29,1988) of the
Federal Register, as that list may be updated or amended from time to
time.
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 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 in
the Delta.
(4) Promote Delta legacy communities and economic vitality in the
Delta, in coordination with the Delta Protection Commission.
(5) Increase the Delta's resilience 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 through grant funding.
(b) When implementing subdivision (a), 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 five
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) The chairperson of the Delta Protection Commission, or his or
her designee.
(4) One member of the board or a designee who is appointed by the
Contra Costa County Board of Supervisors, who is a resident of the
county.
(5) One member of the board or a designee who is appointed by the
Sacramento County Board of Supervisors, who is a resident of the
county.
(6) One member of the board or a designee who is appointed by the
San Joaquin County Board of Supervisors, who is a resident of the
county.
(7) One member of the board or a designee who is appointed by the
Solano County Board of Supervisors, who is a resident of the county.
(8) One member of the board or a designee who is appointed by the
Yolo County Board of Supervisors, who is a resident of the county.
(9) One public member appointed by the Governor.
(10) One public member appointed by the Senate Committee on Rules.
(11) One public member appointed by the Speaker of the Assembly.
(b) The five nonvoting members shall consist of all of the
following:
(1) A designee of the San Francisco Bay Conservation and
Development Commission for coordination purposes.
(2) A designee of the State Coastal Conservancy for coordination
purposes.
(3) A designee of the Suisun Resource Conservation District for
coordination purposes.
(4) 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, 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) Four nonvoting liaison advisers who 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.
(d) The public member appointed by the Governor shall serve at his
or her pleasure.
(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
and 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 for a term
of four years, with a two-term limit.
(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 (4) to (8), 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 members, 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) The Sacramento-San Joaquin Delta Conservancy Fund is hereby
created in the State Treasury. Money in the fund shall be available,
upon appropriation by the Legislature, only for the purposes of this
division.
(1) Funds provided for ecosystem restoration and enhancement shall
be available for projects consistent with the conservancy's
strategic plan adopted pursuant to Section 32376.
(2) Funds provided for regional sustainability shall be available
for projects consistent with the Delta Protection Commission's
Regional Sustainability and Land Use Plan.
32360.5. In furtherance of the conversancy'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 receives and reviews
any comments 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 carrying out this division, the conservancy shall
cooperate with and consult with the city or county where a grant is
proposed 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 Natural
Resources. 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 or an
interest in land is proposed to be acquired.
32364. (a) The conservancy may provide grants and loans to state
agencies, local public agencies, nonprofit organizations, and tribal
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 elements of local government.
32366. 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. However, the conservancy shall not acquire
a fee interest in real property.
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, private philanthropy, 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 director, the
board shall create 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 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 plan shall be consistent with the Delta
Plan, the Delta Protection Commission's Regional Sustainability and
Land Use Plan, the Central Valley Flood Protection Plan, the Suisun
Marsh Preservation Act, 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.
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.
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. The conservancy shall support efforts that advance both
environmental protection and the economic well-being of Delta
residents in a complementary manner.
CHAPTER 4. GOVERNING BOARD
32330. The board shall consist of 11 voting members and four
nonvoting members, appointed by the Governor and confirmed by the
Senate. A member shall serve for a term of four years.
32332. 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.
32334. 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.
CHAPTER 5. POWERS, DUTIES, AND LIMITATIONS
32360. The conservancy's jurisdiction is limited to the Delta.
32362. (a) This division shall be implemented only upon
appropriation by the Legislature of funds from subdivision (a) of
Section 75050, for the purposes of this division.
(b) The board shall not appoint an executive officer, employ any
other staff, execute any contract, or incur any other cost or
obligation, until the Legislature appropriates money for these
purposes.
32366. Within two years of hiring an executive director, the
board shall create 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 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 plan shall be consistent with the Resource
Management Plan developed by the Delta Protection Commission and the
Central Valley Flood Protection Plan.
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