Bill Text: CA AB13 | 2009-2010 | Regular Session | Amended
Bill Title: Sacramento-San Joaquin Delta Conservancy.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Engrossed - Dead) 2009-12-10 - (Corrected December 10.) [AB13 Detail]
Download: California-2009-AB13-Amended.html
BILL NUMBER: AB 13 AMENDED
BILL TEXT
AMENDED IN SENATE SEPTEMBER 2, 2009
AMENDED IN ASSEMBLY APRIL 29, 2009
AMENDED IN ASSEMBLY APRIL 1, 2009
AMENDED IN ASSEMBLY MARCH 12, 2009
INTRODUCED BY Assembly Member Salas
(Principal coauthor: Assembly Member Huffman)
(Coauthor: Assembly Member Caballero)
DECEMBER 1, 2008
An act to add Division 29 (commencing with Section 80500)
to the An act to add Chapter 5 (commencing with
Section 85390) to Part 3 of Division 35 of the Water Code,
relating to the Sacramento-San Joaquin Delta.
LEGISLATIVE COUNSEL'S DIGEST
AB 13, as amended, Salas. 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 restore, maintain, and enhance ecosystems, including
habitats, wildlife corridors, native species, and open space, in the
Sacramento-San Joaquin Delta and Suisun Marsh ,
and to develop and implement projects to address the economic
viability of the Delta region, consistent with a
comprehensive specified Delta
sustainability program Plan .
The bill would become operative only if specified related bills of
the 2009-10 Regular Session of the Legislature are enacted and
become effective on or before January 1, 2010.
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 29 (commencing with Section
80500) is added to the Water Code, to read:
DIVISION 29. Sacramento-San Joaquin Delta Conservancy
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS
80500. This division shall be known, and may be cited, as the
Sacramento-San Joaquin Delta Conservancy Act.
80501. The Legislature finds and declares all of the following:
(a) The Sacramento-San Joaquin Delta is a unique and valued area,
warranting recognition and special legal status from the State of
California. The Delta is a place of natural beauty, with historic
towns, productive farming, and close-knit communities. The Delta is
an integral part of the largest estuary on the West Coast of the
Americas, connecting rivers originating in the Sierra Nevada to the
Pacific Ocean. The Delta is also an indispensable part of the Pacific
Flyway. These values should be preserved and protected.
(b) Numerous federal, state, and local agencies have overlapping
and conflicting legal responsibility and authority to protect the
Delta, but no single agency has the authority for restoration of the
Delta ecosystem. In recent years, the Department of Fish and Game has
reported substantial declines in the Delta's ecosystem health.
Several agencies, including the Department of Water Resources, have
participated in interagency efforts to address the Delta ecosystem
crisis, but recent years have seen interagency conflict over the
manner in which to best protect the Delta ecosystem.
(c) In 2008, the Delta Vision Blue Ribbon Task Force, created
pursuant to Executive Order S-17-06, adopted a comprehensive,
strategic plan for the Delta. The strategic plan states that a
healthy Delta ecosystem and sustainable Delta water supply are of
coequal importance.
(d) The Delta Vision Blue Ribbon Task Force recommends the
statutory creation of a Delta conservancy to implement ecosystem
restoration projects to achieve the ecosystem goals of the strategic
plan or a subsequent comprehensive plan for Delta sustainability.
80502. For the purposes of this division, the following terms
have the following meanings:
(a) "Bay Delta Conservation Plan" means the plan prepared pursuant
to the Planning Agreement regarding the Bay Delta Conservation Plan,
dated October 6, 2006.
(b) "Blue Ribbon Task Force" means the Delta Vision Blue Ribbon
Task Force created by Executive Order S-17-06.
(c) "Board" means the governing board of the Sacramento-San
Joaquin Delta Conservancy.
(d) "Comprehensive Delta sustainability program" or "program"
means a comprehensive Delta sustainability program intended to
restore and manage habitat and restore ecosystem function in the
Sacramento-San Joaquin Delta and Suisun Marsh and to preserve the
economic viability of the Delta consistent with the plan adopted by
the Delta Ecosystem and Water Council pursuant to Section 80505.
(e) "Conservancy" means the Sacramento-San Joaquin Delta
Conservancy.
(f) "Delta" means the Sacramento-San Joaquin Delta as defined in
Section 12220.
(g) "Delta counties" means the Counties of Contra Costa,
Sacramento, San Joaquin, Solano, and Yolo.
(h) "Habitat conservation plan" means a plan prepared under
Chapter 10 (commencing with Section 2800) of Division 3 of the Fish
and Game Code, or a plan prepared under Section 10 of the federal
Endangered Species Act (16 U.S.C. Sec. 1531 et seq.).
(i) "Local public agency" means a city, county, district, or joint
powers authority.
(j) "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, or preservation or enhancement of wildlife;
preservation of cultural and historical resources; or, efforts to
provide for the enjoyment of public lands.
(k) "Regional conservancy" means a conservancy within the Natural
Resources Agency.
(l) "Suisun Marsh" means the Suisun Marsh as defined in Section
29101 of the Public Resources Code.
CHAPTER 2. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY
80505.
SECTION 1. Chapter 5 (commencing with Section 85390) is
added to Part 3 of Division 35 of the Water Code, to read:
CHAPTER 5. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY
85390. (a) There is in the Natural Resources Agency
the Sacramento-San Joaquin Delta Conservancy, which is created as a
state agency for the purposes of, and to carry out the authority
given to it under, this division. granted to
the conservancy by this chapter.
(b) The conservancy shall, as its primary purpose, restore,
maintain, and enhance Delta ecosystems, including habitats, wildlife
corridors, native species, and open space, to ensure their viability,
diversity, and sustainability, pursuant to the
comprehensive Delta sustainability plan adopted by the Delta
Ecosystem and Water Council. Consistent with that plan
pursuant to the Delta Plan. Consistent with the Delta Plan ,
the conservancy shall also develop and implement projects to address
the economic viability of the Delta region.
80506. 85390.10. (a) The board shall
consist of 11 voting members as follows:
(1) The Secretary of the Natural Resources Agency, or his or her
designee.
(2) The Director of Finance, or his or her designee.
(2) The Secretary of Food and Agriculture, or his or her designee.
(3) Five members, each of whom shall represent one of the Delta
counties, selected by the board of supervisors of each county. An
alternate shall be selected for each of these members by the board of
supervisors of each Delta county.
(4) Two public members appointed by the Governor.
(5) One public member appointed by the Speaker of the Assembly.
(6) One public member appointed by the Senate Committee on Rules.
(b) The board shall also include the following ex officio,
nonvoting members:
(1) The Director of Fish and Game, or his or her designee.
(2) The Chair of the Delta Protection Commission, or his or her
designee.
(3) An executive officer of the San Francisco Bay Conservation and
Development Commission, or his or her designee.
(c) The conservancy shall request nonvoting participation by
appropriate federal agencies.
(d)
(b) Each Delta member, as described in paragraph (3) of
subdivision (a), shall serve a five-year term, except for those
initially selected. The initial members shall select from among
themselves one member to serve one year, one member to serve two
years, one member to serve three years, one member to serve four
years, and one member to serve five years. The Delta members may be
reappointed at the end of their term and any vacancy during a term of
office may be filled by the appointing entity.
(e)
(c) Each public member shall be appointed for a
four-year term, except that one of the public members initially
appointed by the Governor shall serve a one-year term, one of the
public members initially appointed by the Speaker of the Assembly
shall serve a two-year term, and one of the public members initially
appointed by the President Pro Tempore of the Senate shall serve a
three-year term. Public members may be reappointed at the end of
their term and any vacancy during a term of office may be filled by
the appointing entity.
(f)
(d) The public members shall be selected to reflect the
diversity of statewide interests as they relate to the authorities
and mission of the conservancy. Public members shall be compensated
for attendance at regular meetings of the board at the rate of one
hundred dollars ($100) per day and shall be reimbursed for actual
reasonable and necessary expenses for attending meetings and carrying
out the duties of their office.
(g)
(e) The members shall elect annually from among them a
chair and vice chair and other officers as necessary.
(h)
(f) A majority of the members shall constitute a quorum
for the transaction of the business of the board, and a majority
vote of the members present at a meeting where a quorum exists shall
be binding with respect to all matters acted on by the board.
(i)
(g) The board shall determine the qualifications of,
and appoint, an executive officer of the conservancy, who shall serve
at the pleasure of the board. The executive officer shall appoint
other staff as necessary to execute the powers and functions provided
for under this division.
(j)
(h) The board may rent or own real property and
equipment pursuant to applicable statutes and regulations.
(k)
(i) The board may enter into contracts with private
entities and public agencies to procure consulting and other services
to achieve the purposes of this division.
80507. 85390.20. The board shall
establish and coordinate the conservancy's activities in consultation
with an advisory committee. The advisory committee shall include,
but shall not be limited to, one representative of each of the
following:
(a) The Department of Water Resources.
(b) The State Coastal Conservancy.
(c) The State Water Resources Control Board.
(d) The Suisun Resource Conservation District.
(e) The Yolo Basin Foundation.
(f) Each reclamation district with responsibility for levees
located within the Delta.
Chapter 3. Powers, Duties, and Limitations
(a) The Delta Protection Commission.
(b) The Department of Fish and Game.
(c) The Department of Water Resources.
(d) The San Francisco Bay Conservation and Development Commission.
(e) The State Coastal Conservancy.
(f) The State Water Resources Control Board.
(g) The Suisun Resource Conservation District.
(h) The Yolo Basin Foundation.
(i) Each reclamation district with responsibility for levees
located within the Delta.
80510. 85390.30. (a) Except as
provided in subdivision (b), the jurisdiction and activities of the
conservancy are limited to the Delta and Suisun Marsh
.
(b) The conservancy may take or fund an action outside of the
Delta and Suisun Marsh if the board makes all of
the following findings:
(1) The project is consistent with the ecosystem goals of the
comprehensive Delta sustainability program.
(1) The project is consistent with the Delta Plan.
(2) The project will result in measurable benefits to the Delta
ecosystem.
(3) The conservancy has given notice to, and will coordinate with,
the respective local jurisdictions, and, if applicable,
regional other conservancies where the project
is located.
(c) This division does not limit, expand, or otherwise affect the
authorities and responsibilities of any local public agency, state
department or agency, or agency of the United States, except that the
conservancy has the authority to review and approve ecosystem
projects located within the boundaries of the Delta proposed for
implementation by any other state agency, to determine consistency
with the comprehensive Delta sustainability program
Delta Plan . The conservancy shall not assume
responsibility for any activity of any other state agency, unless
that state agency is authorized by law, and offers, to transfer the
responsibility to the conservancy.
(d) (1) The conservancy has no power to regulate land use or any
activities on land, except as provided in paragraph (2).
(2) This section does not limit the authority of the conservancy,
as the owner of an interest in land, or pursuant to an agreement
with, or a license or grant of management authority from, the owner
of an interest in the land, or as specified in an agreement with a
person or entity to which the conservancy has transferred an interest
in land, or which has accepted a grant to manage an interest in land
for the purposes of this division and to exercise all rights
incident to that ownership or conferred upon the conservancy by an
agreement. A determination by the conservancy, pursuant to this
paragraph, that the management of an interest in land is consistent
with the purposes of this division may be appealed to the
Delta Ecosystem and Water Council. Upon appeal, the Delta Ecosystem
and Water Council shall have final authority to make that
determination. appealed to the council. Upon appeal,
the council shall have final authority to make that
determination.
(3) Before acquiring land, the conservancy shall arrange for
long-term funding of the maintenance and management of that land.
80511. 85390.40. (a) The
conservancy shall implement habitat restoration and management
projects to achieve the ecosystem goals of the comprehensive
Delta sustainability program. Delta Plan.
(b) The conservancy shall cooperate, coordinate, and consult, as
necessary or appropriate, with any other agency or department of the
state, local public agency, or agency of the United States having
regulatory or other responsibility related to the authorities and
mission of the conservancy.
(c) The conservancy shall take whatever actions are reasonably
necessary and incidental to the management of lands under its
ownership or control.
(d) The conservancy shall improve, restore, and enhance lands
under its ownership or control consistent with the purpose for which
the land was acquired.
(e) The conservancy shall coordinate or assist in the
implementation of local, state, and federal ecosystem projects,
including the Bay Delta Conservation Plan and other overlapping or
adjacent habitat conservation plans.
(f) (1) The conservancy shall develop and implement projects,
consistent with the comprehensive Delta sustainability
program, consistent with the Delta Plan, to
maintain the economic and social viability of the Delta region.
(2) Projects developed and implemented pursuant to this
subdivision may include, but shall not be limited to, projects that
do one or more of the following:
(A) Provide recreational opportunities and appropriate public
access to natural resources in the Delta.
(B) Protect the viability of agriculture and Delta communities in
the Delta, including physical and business infrastructure.
(C) Promote wildlife-friendly agriculture.
(D) Promote agricultural practices that reduce greenhouse gas
emissions and increase carbon sequestration.
(E) Support the growth of agricultural tourism.
(F) Protect the viability of the Delta's legacy communities.
(G) Address the impacts from the implementation of the
program activities of the conservancy .
(g) The conservancy shall coordinate with appropriate scientific
entities to conduct necessary scientific studies.
(h) The conservancy shall assume responsibility, if offered, for
local, state, federal, and private lands, or the management of those
lands, within the Delta or Suisun Marsh.
lands within the Delta provided the conservancy arranges for
long-term financing of the maintenance and management of that land.
80512. 85390.50. (a) In order to
carry out the duties and responsibilities of this division, the
conservancy may do all of the following:
(1) Accept, acquire, and hold real property, and interests in real
property, from willing sellers or transferors in the name of, and on
behalf of, the state for the purposes of implementing the
comprehensive Delta sustainability program. Delta
Plan.
(2) Make grants or loans to local public agencies, nonprofit
organizations, state agencies, and federal agencies, including grants
and loans for the acquisition of real property, or interests in real
property, from willing sellers or transferors.
(3) Use funds to directly undertake, or contract with public
agencies and nonprofit organizations to undertake, appropriate
actions identified in the program.
(4) Enter into agreements and intergovernmental agreements with
public agencies, nonprofit organizations, and private entities for
the implementation, including construction and management, of
appropriate projects identified in the program.
(5) Acquire and hold any permits or other authorizations necessary
to carry out its responsibilities.
(6) Implement projects or grant funds to address flood issues
associated with conservancy projects.
(b) To the extent practicable, the conservancy shall use easements
and cooperative agreements to achieve ecosystem restoration goals.
(c) The conservancy does not have the power of eminent domain.
80513. On or before December 1 of each year, the board
85390.60. The board shall prepare and adopt a strategic plan to
implement this chapter in a manner consistent with the Delta Plan.
85390.70. On or before December 1 of each
even-numbered year, the board shall report to the Legislature
and Governor on the progress towards implementation of the measures
identified in the comprehensive Delta sustainability program
intended to restore Delta Plan intended to restore
and manage habitat in the Delta and Suisun Marsh
.
80514. 85390.80. (a) The
conservancy's expenses may be paid from the conservancy's operating
budget, if one is provided for, and other funding sources available
to the conservancy. Up to 5 percent of any funds appropriated by the
Legislature may be expended to pay the administrative costs of the
conservancy's expenses. Any funds appropriated by the Legislature to
the conservancy may be used for grants or direct expenditure. The
conservancy shall comply with all applicable provisions of law
related to the appropriated funds in administering any funds
appropriated by the Legislature.
(b) The conservancy also may accept both of the following:
(1) Funds provided by participants in the Bay Delta Conservation
Plan or other habitat conservation plans for implementation of those
plans, to be managed consistent with those plans.
(2) Gifts, donations, bequests, devises, subventions, grants,
rents, royalties, and other funds from public and private funds.
SEC. 2. This bill shall only become operative if
Assembly Bill 39, Assembly Bill 49, Assembly Bill 900, Senate Bill
12, Senate Bill 229, and Senate Bill 457 of the 2009-10 Regular
Session of the Legislature are also enacted and become effective on
or before January 1, 2010.
____ CORRECTIONS Text--Page 6.
____
