Bill Text: CA AB13 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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

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BILL NUMBER: AB 13	AMENDED
	BILL TEXT

	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
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  provide policy oversight, foster
implementation of, and manage funds to implement the restoration and
management of habitat and lands   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 Delta sustainability program.
   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.  (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.
   (b) The conservancy shall, as its primary purpose, 
provide policy oversight, foster implementation of, and manage funds
to implement, the restoration and management of habitats and lands
for the sustainability of native species biodiversity and ecosystem
function   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, the conservancy shall also develop and
implement projects to address the economic viability of the Delta
region.
   80506.  (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.
   (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) 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) 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) The public members shall be selected to reflect 
either  the diversity of  interests in the Delta or
 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) The members shall elect annually from among them a chair and
vice chair and other officers as necessary.
   (h) 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) The board shall  appoint   determine the
qualifications of, and appoint,  an executive officer of the
conservancy  and employ   , 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) The board may rent or own real property and equipment pursuant
to applicable statutes and regulations.
   (k) 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.  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


   80510.  (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.
   (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
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. 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 the
owner of an interest in the land,   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 
subdivision   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.
   80511.  (a) The conservancy shall implement habitat restoration
and management projects to achieve the ecosystem goals of the
comprehensive Delta sustainability program.
   (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, 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.
   (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.
   80512.  (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.
   (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.   The   On or before December 1 of
each year, the  board shall report to the Legislature and
Governor  annually  on the progress towards
implementation of the measures identified in the comprehensive Delta
sustainability program intended to restore and manage habitat in the
Delta and Suisun Marsh.
   80514.  (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.