BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 458
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          PROPOSED CONFERENCE REPORT NO.  1   - September 9, 2009 
          SB 458 (Steinberg and Simitian)
          As Amended  July 9, 2009
          Majority vote

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          |SENATE: |24-10|(June 3, 2009)  |ASSEMBLY: |     |(July 13,      |
          |        |     |                |          |     |2009)          |
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                                                  (vote not relevant)

           SENATE CONFERENCE VOTE  :  4-0     ASSEMBLY CONFERENCE VOTE  :4-0  
           
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          |Ayes:|Steinberg, Pavley,       |Ayes:|Bass, Caballero, Huffman, |
          |     |Padilla, Florez          |     |Solorio                   |
          |-----+-------------------------+-----+--------------------------|
          |     |                         |     |                          |
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          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  








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               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.









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             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;









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             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








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          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 


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