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