BILL ANALYSIS SB 458 Page 1 PROPOSED CONFERENCE REPORT NO. 1 - September 9, 2009 SB 458 (Steinberg and Simitian) As Amended July 9, 2009 Majority vote ---------------------------------------------------------------- |SENATE: |24-10|(June 3, 2009) |ASSEMBLY: | |(July 13, | | | | | | |2009) | ---------------------------------------------------------------- (vote not relevant) SENATE CONFERENCE VOTE : 4-0 ASSEMBLY CONFERENCE VOTE :4-0 ---------------------------------------------------------------- |Ayes:|Steinberg, Pavley, |Ayes:|Bass, Caballero, Huffman, | | |Padilla, Florez | |Solorio | |-----+-------------------------+-----+--------------------------| | | | | | ---------------------------------------------------------------- Original Committee Reference: W., P. & W. SUMMARY : Modifies the Delta Protection Commission (DPC) and creates the Sacramento-San Joaquin Delta Conservancy. Specifically, the conference committee amendments : 1)Reconstitute the Delta Protection Commission. a) Reduce membership of the DPC from 23 to 15, eliminating several state agencies. b) Designate the DPC chair as a voting member of the Delta Stewardship Council (council). c) Changes nature of DPC advisory committees 2)Require DPC to create a regional economic sustainability plan, including creation of a Delta Investment Fund in the State Treasury. 3)Authorize DPC To Make Recommendations to Delta Stewardship Council (Council) to: a) Authorize DPC to review, comment, and make recommendations to Council on any significant project or SB 458 Page 2 proposed project in Delta Plan that may affect the unique cultural, recreational, and agricultural values within the primary and the secondary zones; b) Include specified issues in DPC's review and comment; and, c) Require Council to consider DPC recommendations and determine, in Council discretion, if recommendations are feasible and consistent with the objectives of the Delta Plan. 4)Require the DPC, by July 2010, to prepare and submit to the Legislature recommendations regarding the potential expansion of or change to the primary zone. 5)Create a new Sacramento-San Joaquin Delta Conservancy (Conservancy). a) Authorize conservancy, as a primary state agency for ecosystem restoration, to support efforts that advance environmental protection and the economic well-being of Delta residents, including specified activities; b) Create conservancy board with 11 voting members of the board: i) The Secretary of the Natural Resources Agency, or designee; ii) The Director of Finance, or designee; iii) One member each of the board, or a designee, who is appointed by the Contra Costa, Sacramento, San Joaquin, Solano, and Yolo County Boards of Supervisors, who is a resident of each respective county; iv) Two public members, appointed by the Governor'; v) One public member appointed by the Senate Committee on Rules; and, vi) One public member appointed by the Speaker of the Assembly. SB 458 Page 3 c) Designate nonvoting members of the board and nonvoting liaison advisers who would serve in an advisory, nonvoting capacity; d) Establish the terms of the board members as follows: i) The public member appointed by the Governor shall serve at his or her pleasure; ii) The locally appointed members and alternates shall serve at the pleasure of the appointing board of supervisors; iii) 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; and, iv) The Members of the Senate and Assembly shall serve for a term of four years, with a two-term limit. e) Require the voting members of the board to elect a chairperson and vice chairperson, and other officers as necessary, from among the voting members. i) The chairperson must be from among county supervisor members; and, ii) If the office of the chairperson or vice chairperson becomes vacant, a new chairperson or vice chairperson would be elected by the voting members of the board to serve for the remainder of the term. f) Provide the conservancy administrative powers, including authority to hire staff, adopt rules and procedures for conduct of the Conservancy's business, establish advisory committees, and enter into contracts. 6)Establish and limit the Conservancy's powers and duties: a) Authorize conservancy, as a primary state agency for ecosystem restoration, to support efforts that advance environmental protection and the economic well-being of Delta residents, including specified activities; SB 458 Page 4 b) Limit the jurisdiction and activities of the conservancy to the Delta and Suisun Marsh except if the board makes certain findings; c) Establish the Sacramento-San Joaquin Delta Conservancy Fund in the State Treasury, which may provide funding for ecosystem restoration projects consistent with the Conservancy's strategic Plan or for "regional sustainability" consistent with the Delta Protection Commission's "Regional Sustainability and Land Use Plan;" d) Authorize Conservancy, subject to specified conditions, to acquire, manage and transfer interests in property and water rights, with a preference for conservation easements; e) Authorize the Conservancy to accept funding from a broad range of sources, including creation and management of endowments; f) Require the Conservancy to develop a strategic plan consistent with the Delta Plan, 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; g) Authorize the Conservancy to collaborate with other organizations and impose certain conditions on any grants it makes; and, h) Prohibits the Conservancy from regulating land-use, exercising power over water rights held by others, or exercising the power of eminent domain. EXISTING LAW establishes a Delta Protection Commission and regional conservancies in various areas of the state. AS PASSED BY THE SENATE , this bill created the Conservancy. The Assembly amendments removed the bill's substantive provisions and inserted legislative intent to create a conservancy and modify the DPC. FISCAL EFFECT : Unknown SB 458 Page 5 COMMENTS : This bill addresses two recommendations of the Delta Vision Strategic Plan, regarding the DPC and a new conservancy. Delta Protection Commission : This bill makes a limited number of changes to the DPC, making it more clearly a local voice for the Delta in the context of other bills' fundamental changes to Delta governance (SB 12/Simitian). The key DPC changes include: removing state agency members, DPC development of a Delta economic sustainability plan, its duties as a commenter to the Delta Stewardship Council, and study of expanding the Delta's primary zone where DPC oversees local land-use decisions. Conservancy Authority : This bill creates the Delta Conservancy as a "state agency to work in collaboration and cooperation with local governments and interested parties." The Legislature created most state conservancies with the primary purpose of conserving, restoring or enhancing natural resources. Delta Vision recommends the creation of a conservancy "for implementing and coordinating Delta ecosystem enhancement and related revitalization projects." This bill makes the conservancy "a primary state agency" for ecosystem restoration, but does not set ecosystem restoration as the conservancy's primary mission. Analysis Prepared by : Alf W. Brandt / W., P. & W. / (916) 319-2096 FN: 0003145