BILL NUMBER: SB 458	PROPOSED
	BILL TEXT
	PROPOSED CONFERENCE REPORT   SEPTEMBER 9, 2009
	CONFERENCE REPORT NO.  1
	PROPOSED IN CONFERENCE  SEPTEMBER 9, 2009
	AMENDED IN ASSEMBLY  JULY 9, 2009
	AMENDED IN ASSEMBLY  JUNE 22, 2009
	AMENDED IN SENATE  JUNE 2, 2009
	AMENDED IN SENATE  APRIL 2, 2009

INTRODUCED BY    Senator   Wolk 
 Senators   Steinberg   and Simitian 
   (Principal coauthor: Assembly Member Yamada)
   (Coauthors: Senators DeSaulnier and Wiggins)
   (Coauthor: Assembly Member Torlakson)

                        FEBRUARY 26, 2009

    An act relating to the Sacramento-San Joaquin Delta.
  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 repe   al and add Sections 29736, 29739, 29753, 29761,
29761.5, and 29764 of, the Public Resources Code, relating to
Sacramento-San Joaquin Delta. 



	LEGISLATIVE COUNSEL'S DIGEST


   SB 458, as amended,  Wolk   Steinberg  .
Sacramento-San Joaquin Delta Conservancy: Delta Protection
Commission. 
   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. Existing law requires the Secretary of
the 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 revise and recast the provisions of the Delta
Protection Act to, among other things, reduce the number of
commission members 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 the Delta Plan and certain other
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. 

   These provisions would only become operative if AB 39, AB 49, SB
12, and SB 229 of the 2009-10 Regular Session of the Legislature,
relating to water use and resource management, are each enacted and
become effective on or before January 1, 2010.  
   Existing law authorizes various conservancies to acquire, manage,
direct the management of, and conserve public lands in the state. The
Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992 creates
the 23-member 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.  
   This bill would state the intent of the Legislature to enact
legislation to establish a Sacramento-San Joaquin Delta Conservancy
and to modify the Delta Protection Commission. 
   Vote: majority. Appropriation: no. Fiscal committee:  no
  yes  . State-mandated local program: no.


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   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.
 
   (a) 
    (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. 
   (b) Assure 
    (c)     Ensure  orderly, balanced
conservation and development of delta land resources. 
   (c) 
    (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, Isleton, Lathrop,
Brentwood,  Rio Vista,  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, 20   10, 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  23   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
  Delta  whose supervisorial district is within the
primary zone shall be appointed by the board of supervisors of
 the county   each of those respective counties
 .
   (b) (1) Three elected city council members shall be selected and
appointed by city selection committees, from  regional and
area councils of government   the appropriate regions
specified below  , one in each of the following areas:
   (A) One from the north  delta   Delta  ,
 consisting of   from either  the 
Counties   County  of Yolo  and 
 or the County of  Sacramento  , on a rotating basis
 .
   (B) One from the south  delta   Delta  ,
consisting of the County of San Joaquin.
   (C) One from the west  delta  Delta  ,
 consisting of   from either  the 
Counties   County  of Contra Costa  and
  or the County of  Solano  , on a rotating
basis  .
   (2) A city council member may select a designee for purposes of
paragraph (1). 
   (3) Notwithstanding Section 29736, the term of office of the
members selected pursuant to this subdivision shall be two years.

   (c)  (1)    One member each from
the board of directors of  five   three 
different reclamation districts that are located within the primary
zone who are residents of the  delta   Delta
 , and who are elected by the trustees of reclamations districts
 within the following areas:   pursuant to
paragraphs (1), (2), and (3). Each reclamation district may nominate
one director to be a member. The member from an area shall be
selected from among the nominees by a majority vote of the
reclamation districts in that area. The member may select a designee
for this purpose. For the purposes of this section, each reclamation
district shall have one vote.  
   (A) Two members 
    (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)
 , provided at least one member is also a member of the Delta
Citizens Municipal Advisory Council  . 
   (B) 
    (2)  One member from  an area including  the
west  delta   Delta consisting of the area
of Contra Costa County within the  delta   Delta
and 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)  . 
   (C) One member from the area of the Central Delta Water Agency as
described in Section 9.1 of the Central Delta Water Agency Act
(Chapter 1133 of the Statutes of 1973).  
   (D) 
    (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). 
   (2) Each reclamation district may nominate one director to be a
member. The member from an area shall be selected from among the
nominees by a majority vote of the reclamation districts in that
area. The member may select a designee for this purpose. For purposes
of this section, each reclamation district shall have one vote. The
north delta area shall conduct separate votes to select each of its
two members.  
   (d) The Director of Parks and Recreation, or the director's sole
designee.  
   (e) The Director of Fish and Game, or the director's sole
designee.  
   (f) 
    (d)  The Secretary of Food and Agriculture, or the
secretary's sole designee. 
   (g) 
    (e)  The executive officer of the State Lands
Commission, or the executive officer's sole designee. 
   (h) The Director of Boating and Waterways, or the director's sole
designee.  
   (i) The Director of Water Resources, or the director's sole
designee.  
   (j) The public member of the California Bay-Delta Authority who
represents the delta region or his or her designee. 

   (k) (1) The Governor shall appoint three members and three
alternates from the general public who are delta residents or delta
landowners, as follows:  
   (A) One member and one alternate shall represent the interests of
production agriculture with a background in promoting the
agricultural viability of delta farming.  
   (B) One member and one alternate shall represent the interests of
conservation of wildlife and habitat resources of the delta region
and ecosystem.  
   (C) One member and one alternate shall represent the interests of
outdoor recreational opportunities, including, but not limited to,
hunting and fishing.  
   (2) An alternate may serve in the absence of a member. 

   (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)  , (b), (c), or (j)  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.
 Whenever   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.  
   29736.  The term of office of the members of the commission shall
be for four years, and a member may serve for one or more consecutive
terms. 
   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  position   office  of
 a   an appointed  member of the commission
 shall be considered   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.  Upon the occurrence
of the first vacancy among any of the members listed in subdivision
(d), (e), (f), (g), (h), or (i) of Section 29735, the Director of
Conservation or the director's designee shall serve as the successor
member. 
   SEC. 14.    Section 29739 of the   Public
Resources Code   is repealed.  
   29739.  The commission shall elect from its own members a
chairperson and vice chairperson whose terms of office shall be two
years, and who may be reelected. If a vacancy occurs in either
office, the commission shall fill the vacancy for the unexpired term.

   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
 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,  1993   2010  . All meetings
after the first meeting shall be held in a city within the 
delta   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 members  present
 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.  
   29753.  The commission shall appoint agricultural, environmental,
and recreational advisory committees for the purpose of providing the
commission with timely comments, advice, and information. The
commission may appoint committees from its membership or may appoint
additional advisory committees from members of other interested
public agencies and private groups. The commission shall seek advice
and recommendations from advisory committees appointed by local
government which are involved in subject matters affecting the delta.

   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   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  during regular office hours 
 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
  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.  
   29761.  The Director of the Office of Planning and Research shall
submit comments and recommendations on the resource management plan
for the commission's consideration, prior to the plan's adoption.

   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 in the south Delta, and one in the west
Delta. 
   SEC. 26.    Section 29761.5 of the   Public
Resources Code   is repealed.  
   29761.5.  Not later than January 7, 1995, the commission shall
transmit copies of the resource management plan to the Governor.
Copies of the resource management plan shall be made available, upon
request, to Members of the Legislature. 
   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. 
   29762.  The commission shall adopt, by a majority vote of the
membership of the commission, the resource management plan after at
least three public hearings, with at least one hearing held in a city
in the north delta, the south delta, and the west delta. 
   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
resource management plan or any amendments, changes, or updates, to
the resource management plan by the commission,  all
  each  local  governments  
government  shall submit to the commission proposed amendments
 that will cause their general plans to be   to
its general plan that are intended to make the general plan 
consistent with the  criteria in Section 29763.5 
 resources management plan  with respect to land located
within the primary zone.
   SEC. 30.    Section 29764 of th   e 
 Public Resources Code   is repealed.  
   29764.  This division does not confer any permitting authority
upon the commission or require any local government to conform their
general plan, or land use entitlement decisions, to the resource
management plan, except with regard to lands within the primary zone.
The resource management plan does not preempt local government
general plans for lands within the secondary zone. 
   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
 resource management   economic sustainability
 plan, the approved portions of local government general plans
that implement the  resource management  
economic sustainability  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   both  of the following  information
 : 
   (a) An evaluation of the effectiveness of the resource management
plan in preserving agricultural lands, restoring delta habitat,
improving levee protection and water quality, providing increased
public access and recreational opportunities, and in undertaking
other functions prescribed in this division.  
   (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  resource management  
economic sustainability  plan, using baseline conditions set
forth in the original  resource management  
economic sustainability  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).
   (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 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 nonvoting 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 member 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
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 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 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. Moneys 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 ecosystem restoration projects consistent with the
conservancy's strategic plan adopted pursuant to Section 32376.
   (2) Funds may be allocated to a separate program for economic
sustainability in the Delta. The conservancy shall develop this
program, in conjunction with the Delta Protection Commission and
other interested parties. Funds provided to the conservancy to
implement the Bay Delta Conservation Plan shall not be used for
economic sustainability projects.
   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 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 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 over and above 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, 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.
   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, 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 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.    This bill shall only become operative if
Assembly Bill 39, Assembly Bill 49, Senate Bill 12, and Senate Bill
229 of the 2009-10 Regular Session of the Legislature, relating to
water use and resource management, are each enacted and become
effective on or before January 1, 2010.  
  SECTION 1.    It is the intent of the Legislature
to enact legislation to establish a Sacramento-San Joaquin Delta
Conservancy and to modify the Delta Protection Commission.