Bill Text: CA SB457 | 2009-2010 | Regular Session | Amended
Bill Title: Sacramento-San Joaquin Delta.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2009-07-07 - Set, second hearing. Further hearing to be set. [SB457 Detail]
Download: California-2009-SB457-Amended.html
BILL NUMBER: SB 457 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 30, 2009
AMENDED IN SENATE JUNE 1, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 13, 2009
INTRODUCED BY Senator Wolk
FEBRUARY 26, 2009
An act to add Sections 29735.5 and 29759 to
An act to amend Sections 29702, 29725, 29727, 29733, 29735,
29735.1, 29738, 29741, 29751, 29752, 29754, 29756.5, 29765, 29771,
and 29780 of, to add Sections 29703.5, 29722.5, 29728.5, 29759,
29763.1, 29763.2, 29763.3, 29773, 29773.5, and 29778.5 to, to repeal
Section 29763.5 of, and to repeal and add Sections 29736, 29739,
29753, 29760, 29761, 29761.5, 29762, 29763, and 29764 of, the
Public Resources Code, relating to the Sacramento-San Joaquin Delta.
LEGISLATIVE COUNSEL'S DIGEST
SB 457, as amended, Wolk. Sacramento-San Joaquin Delta.
Existing law requires various state agencies to carry out
programs, projects, and activities on behalf of the Sacramento-San
Joaquin Delta.
The Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992
creates the 23-member Delta Protection Commission and requires the
commission to prepare and adopt a comprehensive long-term resource
management plan for specified lands within the Sacramento-San Joaquin
Delta. That act establishes a primary zone where further development
is barred and a secondary zone surrounding the Delta where
development may proceed under certain conditions.
This bill would revise and recast the provisions of the act to,
among other things, reduce the number of members to 15 members, as
specified. The bill would require the commission to conduct its
meetings in compliance with the Ralph M. Brown Act. The bill would
require the commission to appoint at least one advisory committee
consisting of representatives from specified entities to provide
input regarding the diverse interests within the delta. The bill
would require the commission to adopt, not later than July 1, 2011, a
comprehensive resources management plan containing specified
elements and would require the commission to update the plan every 5
years. The bill would require the Delta Stewardship Council, when
developing a delta plan, to take into consideration recommendations
made by the commission. The bill would require all general plans of
cities and counties within the delta to be consistent with the
resources management plan that would be created and adopted by the
commission, and the delta plan created and adopted by the Delta
Stewardship Council, and thereby impose a state-mandated local
program. The bill would revise and recast the process by which local
government is to submit proposed general plan amendments and land use
elements to ensure that the general plan is consistent with the
resource management plan. The bill would require the commission to
submit to the Legislature, by January 1, 2012, recommendations on the
potential expansion of the primary zone. The bill would require the
commission to develop a regional economic development plan for the
delta region that is consistent with the delta plan.
This bill would establish the Delta Investment Fund within the
State Treasury. Moneys in the fund, upon appropriation by the
Legislature, would be used by the commission for the purposes of
enhancing delta communities.
The bill would require the commission to require all general plans
of cities and counties within the Delta, and the resource management
plan, to be consistent with any new Delta management plan that may
be created or adopted by the commission, thereby imposing a
state-mandated local program on cities and counties. The bill would
authorize the commission to
impose a fee per acre-foot on any water diversion within the
Delta watershed, and a fee on any water conveyed through or around
the Delta, for the purpose of implementing this requirement. These
fee revenues would be available, upon appropriation by the
Legislature, to implement this requirement.
The bill would also require the commission to request federal
agencies, as described, to participate in nonvoting liaison
capacities with the commission to better assess and coordinate flood
protection, water supply, and ecosystem protection issues.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 29702 of the Public
Resources Code is amended to read:
29702. The Legislature further finds and declares that the basic
goals of the state for the delta are the following:
(a) Achieve the delta goals. "Delta goals" means all of the
following:
(1) Restoring the delta ecosystem.
(2) Creating a more reliable water supply for California.
(3) Protecting and enhancing the unique cultural, recreational,
agricultural, and socioeconomic values of the delta.
(a)
(b) Protect, maintain, and, where possible,
enhance and restore the overall quality of the delta environment,
including, but not limited to, agriculture, wildlife habitat, and
recreational activities.
(b)
(c) Assure orderly, balanced conservation
and development of delta land resources.
(c)
(d) Improve flood protection by structural
and nonstructural means to ensure an increased level of public health
and safety.
SEC. 2. Section 29703.5 is added to the
Public Resources Code , to read:
29703.5. The Legislature further finds and declares both of the
following:
(a) The Delta Protection Commission created pursuant to Section
29735 provides an existing forum for delta residents to engage in
decisions regarding actions to recognize and enhance the unique
cultural, recreational, and agricultural resources of the delta. As
such, the commission is the appropriate agency to identify and
provide recommendations to the Delta Stewardship Council on methods
of preserving the delta as an evolving place as the Delta Stewardship
Council develops and implements the delta plan.
(b) There is a need for the five delta counties to establish and
implement a resources management plan for the delta and for the Delta
Stewardship Council to consider that plan and recommendations of the
commission in the adoption of the Delta plan.
SEC. 3. Section 29722.5 is added to the
Public Resources Code , to read:
29722.5. "Delta plan" means the plan adopted by the Delta
Stewardship Council pursuant to Section ______.
SEC. 4. Section 29725 of the Public
Resources Code is amended to read:
29725. "Local government" means the Counties of Contra Costa,
Sacramento, San Joaquin, Solano, and Yolo, and the Cities of
Sacramento, Stockton, Tracy, Antioch, Pittsburg, Isleton, Lathrop,
Brentwood, Rio Vista, West Sacramento, and Oakley,
and any other cities that may be incorporated in the future in the
primary zone.
SEC. 5. Section 29727 of the Public
Resources Code is amended to read:
29727. "Port" means the Port of Sacramento and the Port of
Stockton, including all the land owned or leased by those ports
or potential sites identified in the delta county general plans as of
the date of enactment of this act and otherwise authorized by law
.
SEC. 6. Section 29728.5 is added to the
Public Resources Code , to read:
29728.5. "Resources management plan" means the plan adopted by
the commission pursuant to Section 29760.
SEC. 7. Section 29733 of the Public
Resources Code is amended to read:
29733. "Unincorporated towns" means the communities of Walnut
Grove, Clarksburg, Courtland, Hood, Locke, Knightsen,
Collinsville, and Ryde.
SEC. 8. Section 29735 of the Public
Resources Code is amended to read:
29735. There is hereby created the Delta Protection Commission
consisting of 23 15 members as follows:
(a) One member of the board of supervisors, or his or her
designee, of each of the five counties within the delta whose
supervisorial district is within the primary zone shall be appointed
by the board of supervisors of the county.
(b) (1) Three elected city council members shall be selected and
appointed by city selection committees, from regional and
area councils of government the appropriate regions
specified below , one in each of the following areas:
(A) One from the north delta, consisting of
from either the Counties County
of Yolo and or the County of
Sacramento , on a rotating basis .
(B) One from the south delta, consisting of the County of San
Joaquin.
(C) One from the west delta, consisting of
from either the Counties County
of Contra Costa and or the County of
Solano , on a rotat ing basis .
(2) A city council member may select a designee for purposes of
paragraph (1).
(3) Notwithstanding Section 29736, the term of office of the
members selected pursuant to this subdivision shall be two years.
(c) (1) One member each from
the board of directors of five three
different reclamation districts that are located within the primary
zone who are residents of the delta, and who are elected by the
trustees of reclamations districts within the following
areas: pursuant to paragraphs (1), (2), and (3). Each
reclamation district may nominate one director to be a member. The
member from an area shall be selected from among the nominees by a
majority vote of the reclamation districts in that area. The member
may select a designee for this purpose. For the purposes of this
section, each reclamation district shall have one vote.
(A) Two members
(1) One member from the area of
the North Delta Water Agency as described in Section 9.1 of the North
Delta Water Agency Act (Chapter 283 of the Statutes of 1973),
provided at least one member is also a member of the Delta Citizens
Municipal Advisory Council.
(B)
(2) One member from an area including
the west delta consisting of the area of Contra Costa County
within the delta and the Central Delta Water Agency as described
in Section 9.1 of the Central Delta Water Agency Act (Chapter 1133
of the Statutes of 1973) .
(C) One member from the area of the Central Delta Water Agency as
described in Section 9.1 of the Central Delta Water Agency Act
(Chapter 1133 of the Statutes of 1973).
(D)
(3) One member from the area of the South
Delta Water Agency as described in Section 9.1 of the South Delta
Water Agency Act (Chapter 1089 of the Statutes of 1973).
(2) Each reclamation district may nominate one director to be a
member. The member from an area shall be selected from among the
nominees by a majority vote of the reclamation districts in that
area. The member may select a designee for this purpose. For purposes
of this section, each reclamation district shall have one vote. The
north delta area shall conduct separate votes to select each of its
two members.
(d) The Director of Parks and Recreation, or the director's sole
designee.
(e) The Director of Fish and Game, or the director's sole
designee.
(f)
(d) The Secretary of Food and Agriculture,
or the secretary's sole designee.
(g)
(e) The executive officer of the State Lands
Commission, or the executive officer's sole designee.
(h) The Director of Boating and Waterways, or the director's sole
designee.
(i) The Director of Water Resources, or the director's sole
designee.
(j) The public member of the California Bay-Delta Authority who
represents the delta region or his or her designee.
(k) (1) The Governor shall appoint three members and three
alternates from the general public who are delta residents or delta
landowners, as follows:
(A) One member and one alternate shall represent the interests of
production agriculture with a background in promoting the
agricultural viability of delta farming.
(B) One member and one alternate shall represent the interests of
conservation of wildlife and habitat resources of the delta region
and ecosystem.
(C) One member and one alternate shall represent the interests of
outdoor recreational opportunities, including, but not limited to,
hunting and fishing.
(2) An alternate may serve in the absence of a member.
(f) The Secretary of the Natural Resources Agency, or his or her
sole designee.
(g) The Secretary of Business, Transportation and Housing, or his
or her sole designee.
SEC. 9. Section 29735.1 of the Public
Resources Code is amended to read:
29735.1. (a) A member of the commission described in subdivision
(a) , (b), (c), or (j) of Section 29735 may,
subject to the confirmation of his or her appointing power, appoint
an alternate to represent him or her at a commission meeting. An
alternate may serve prior to confirmation for a period not to exceed
90 days from the date of appointment, unless and until confirmation
is denied.
(b) The alternate shall serve at the pleasure of the member who
appoints him or her and shall have all of the powers and duties of a
member of the commission, except that the alternate shall only
participate and vote in a meeting in the absence of the member who
appoints him or her. All provisions of law relating to conflicts of
interest that are applicable to a member shall apply to an alternate.
Whenever a member has, or is known to have, a conflict of interest
on any matter, the member's alternate is ineligible to vote on that
matter.
SEC. 10. Section 29736 of the Public
Resources Code is repealed.
29736. The term of office of the members of the commission shall
be for four years, and a member may serve for one or more consecutive
terms.
SEC. 11. Section 29736 is added to the
Public Resources Code , to read:
29736. The members of the commission shall serve at the pleasure
of their appointing entities.
SEC. 12. Section 29738 of the Public
Resources Code is amended to read:
29738. The position of a member of the commission shall be
considered vacated upon the loss of any qualification required for
appointment, and in that event the appointing authority shall appoint
a successor within 30 days of the occurrence of the vacancy.
Upon the occurrence of the first vacancy among any of the
members listed in subdivision (d), (e), (f), (g), (h), or (i) of
Section 29735, the Director of Conservation or the director's
designee shall serve as the successor member.
SEC. 13. Section 29739 of the Public
Resources Code is repealed.
29739. The commission shall elect from its own members a
chairperson and vice chairperson whose terms of office shall be two
years, and who may be reelected. If a vacancy occurs in either
office, the commission shall fill the vacancy for the unexpired term.
SEC. 14. Section 29739 is added to the
Public Resources Code , to read:
29739. (a) The commission, during the first commission meeting
after January 1, 2010, shall elect from among the members listed in
subdivision (a) of Section 29735 a chairperson who shall serve for
one year.
(b) Subsequent chairpersons shall serve for two years and shall be
elected from among the members listed in subdivision (a) of Section
29735.
(c) The chairperson shall serve as a voting member of the Delta
Stewardship Council.
SEC. 15. Section 29741 of the Public
Resources Code is amended to read:
29741. The time and place of the first meeting of the commission
shall be prescribed by the Governor, but in no event shall it be
scheduled for a date later than January 31, 1993
2010 . All meetings after the first meeting shall be held
in a city within the delta.
SEC. 15.5. Section 29751 of the Public
Resources Code is amended to read:
29751. A majority of the voting members of the commission shall
constitute a quorum for the transaction of the business of the
commission. A majority vote of the voting members present
shall be required to take action with respect to any matter
unless otherwise specified in this division. The vote of each member
shall be individually recorded.
SEC. 16. Section 29752 of the Public
Resources Code is amended to read:
29752. The commission shall adopt its own rules, regulations, and
procedures necessary for its organization and operation and
shall conduct its meeting in compliance with the Ralph M. Brown Act
(Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of
Title 5 of the Government Code) .
SEC. 17. Section 29753 of the Public
Resources Code is repealed.
29753. The commission shall appoint agricultural, environmental,
and recreational advisory committees for the purpose of providing the
commission with timely comments, advice, and information. The
commission may appoint committees from its membership or may appoint
additional advisory committees from members of other interested
public agencies and private groups. The commission shall seek advice
and recommendations from advisory committees appointed by local
government which are involved in subject matters affecting the delta.
SEC. 18. Section 29753 is added to the
Public Resources Code , to read:
29753. The commission shall appoint at least one advisory
committee to provide input regarding the diverse interests within the
delta. At a minimum, the advisory committees shall include
representatives of state agencies and other stakeholders with
interests in the delta's ecosystem, water supply, and socio-economic
sustainability, including, but not limited to, its recreational,
agricultural, flood control, environmental, and water resources, and
state, local, and utility infrastructure. The commission shall
encourage participation of various federal agencies, including the
federal Bureau of Reclamation, the federal Fish and Wildlife Service,
the Army Corps of Engineers, and others as appropriate. The
commission may appoint committees from its membership or may appoint
additional advisory committees from members of other interested
public agencies and private groups. The commission shall seek advice
and recommendations from advisory committees appointed by local
government that are involved in subject matters affecting the delta.
SEC. 19. Section 29754 of the Public
Resources Code is amended to read:
29754. The commission shall establish and maintain an office
within the delta or the City of Rio Vista , and for this
purpose the commission may rent or own property and equipment. Any
rule, regulation, procedure, plan, or other record of the commission
which is of such a nature as to constitute a public record under
state law shall be available for inspection and copying during
regular office hours.
SEC. 20. Section 29756 .5 of the
Public Resources Code is amended to read:
29756.5. The commission may act as the facilitating agency for
the implementation of any joint habitat restoration or enhancement
programs located within the primary zone of the delta ,
including, but not limited to, a national heritage area designation
in the delta .
SEC. 21. Section 29759 is added to the
Public Resources Code , to read:
29759. (a) The commission shall develop a regional economic
development plan for the delta region. The regional economic
development plan shall address agriculture, recreation, tourism, and
other innovative land uses.
(b) The policies in the regional economic development plan shall
be based on local plans and shall be consistent with the delta plan.
(c) The plan shall identify ways to encourage recreational
investment along the key river corridors, as appropriate.
SEC. 22. Section 29760 of the Public
Resources Code is repealed.
29760. (a) Not later than October 1, 1994, the commission shall
prepare and adopt, by a majority vote of the membership of the
commission, and thereafter review and maintain, a comprehensive
long-term resource management plan for land uses within the primary
zone of the delta. The resource management plan shall consist of the
map of the primary zone and text or texts setting forth a description
of the needs and goals for the delta and a statement of the
policies, standards, and elements of the resource management plan.
(b) The resource management plan shall meet the following
requirements:
(1) Protect and preserve the cultural values and economic vitality
that reflect the history, natural heritage, and human resources of
the delta.
(2) Conserve and protect the quality of renewable resources.
(3) Preserve and protect agricultural viability.
(4) Restore, improve, and manage levee systems by promoting
strategies, including, but not limited to, methods and procedures
which advance the adoption and implementation of coordinated and
uniform standards among governmental agencies for the maintenance,
repair, and construction of both public and private levees.
(5) Preserve and protect delta dependent fisheries and their
habitat.
(6) Preserve and protect riparian and wetlands habitat, and
promote and encourage a net increase in both the acreage and values
of those resources on public lands and through voluntary cooperative
arrangements with private property owners.
(7) Preserve and protect the water quality of the delta, both for
instream purposes and for human use and consumption.
(8) Preserve and protect open-space and outdoor recreational
opportunities.
(9) Preserve and protect private property interests from
trespassing and vandalism.
(10) Preserve and protect opportunities for controlled public
access and use of public lands and waterways consistent with the
protection of natural resources and private property interests.
(11) Preserve, protect, and maintain navigation.
(12) Protect the delta from any development that results in any
significant loss of habitat or agricultural land.
(13) Promote strategies for the funding, acquisition, and
maintenance of voluntary cooperative arrangements, such as
conservation easements, between property owners and conservation
groups that protect wildlife habitat and agricultural land, while not
impairing the integrity of levees.
(14) Permit water reservoir and habitat development that is
compatible with other uses.
(c) The resource management plan shall not supersede the authority
of local governments over areas within the secondary zone.
(d) To facilitate, in part, the requirements specified in
paragraphs (8), (9), (10), and (11) of subdivision (b), the
commission shall include in the resource management plan, in
consultation with all law enforcement agencies having jurisdiction in
the delta, a strategy for the implementation of a coordinated marine
patrol system throughout the delta that will improve law enforcement
and coordinate the use of resources by all jurisdictions to ensure
an adequate level of public safety. The strategic plan shall identify
resources to implement that coordination. The commission shall have
no authority to abrogate the existing authority of any law
enforcement agency.
(e) To the extent that any of the requirements specified in this
section are in conflict, nothing in this division shall deny the
right of the landowner to continue the agricultural use of the land.
SEC. 23. Section 29760 is added to the
Public Resources Code , to read:
29760. (a) Not later than July 1, 2011, the commission shall
prepare and adopt, by a majority vote of the membership of the
commission, a comprehensive resources management plan. The plan shall
include information and recommendations that inform the Delta
Stewardship Council's policies towards the socio-economic
sustainability of the delta region.
(b) The plan shall include, but not be limited to, the following
elements:
(1) Public safety such as flood protection recommendations.
(2) Economic elements of local general plans and other local
economic efforts including recommendations on continued
socio-economic sustainability of agriculture and its infrastructure,
and legacy communities in the delta.
(3) Comments and recommendations to the Department of Water
Resources concerning its periodic update of the flood management plan
for the delta.
(4) [PLACEHOLDER].
SEC. 24. Section 29761 of the Public
Resources Code is repealed.
29761. The Director of the Office of Planning and Research shall
submit comments and recommendations on the resource management plan
for the commission's consideration, prior to the plan's adoption.
SEC. 25. Section 29761 is added to the
Public Resources Code , to read:
29761. The commission shall adopt, by a majority vote, the plan
and each plan update after at least three public hearings, with at
least one hearing held in a community in the north delta, in the
south delta, and in the west delta.
SEC. 26. Section 29761.5 of the Public
Resources Code is repealed.
29761.5. Not later than January 7, 1995, the commission shall
transmit copies of the resource management plan to the Governor.
Copies of the resource management plan shall be made available, upon
request, to Members of the Legislature.
SEC. 27. Section 29761.5 is added to the
Public Resources Code , to read:
29761.5. (a) The commission shall update the plan every five
years on or before December 31, in years ending in six and one.
(b) The commission shall transmit copies of the plan and its
revisions to the Governor, the Legislature, and the Delta Stewardship
Council within 60 days of adoption or revision for review and
approval by the Delta Stewardship Council for consistency with the
delta plan. The approved resources management plan shall be
implemented by the Delta Protection Commission.
SEC. 28. Section 29762 of the Public
Resources Code is repealed.
29762. The commission shall adopt, by a majority vote of the
membership of the commission, the resource management plan after at
least three public hearings, with at least one hearing held in a city
in the north delta, the south delta, and the west delta.
SEC. 29. Section 29762 is added to the
Public Resources Code , to read:
29762. The Delta Stewardship Council, when developing the delta
plan pursuant to Section ____of the ____Code, shall take into
consideration the recommendations provided by the commission
including recommendations included in the resources management plan,
and shall make specific findings with respect to how the elements of
the resources management plan are incorporated into the delta plan.
If the Delta Stewardship Council finds that the recommendations of
the commission are consistent with the objectives of the delta plan
and the purposes of this division, the recommendations shall be
adopted by the Delta Stewardship Council. If the Delta Stewardship
Council rejects findings and recommendations submitted by the
commission, the council shall make findings in the record regarding
its reasons for that decision.
SEC. 30. Section 29763 of the Public
Resources Code is repealed.
29763. Within 180 days from the date of the adoption of the
resource management plan or any amendments, changes, or updates, to
the resource management plan by the commission, all local governments
shall submit to the commission proposed amendments that will cause
their general plans to be consistent with the criteria in Section
29763.5 with respect to land located within the primary zone.
SEC. 31. Section 29763 is added to the
Public Resources Code , to read:
29763. Within 180 days from the date of the Delta Stewardship
Council's adoption of the delta plan and the commission's adoption of
the resources management plan, all local governments shall submit to
the commission proposed general plan amendments and land use
elements to make their general plans consistent with the resources
management plan with respect to land use within the primary zone.
Within 180 days of any amendments, changes, or updates to those plans
or elements, local governments shall submit to the commission
proposed changes or updates to those plans or elements to the delta
plan and the resources management plan with respect to land use
within the primary zone.
SEC. 32. Section 29763.1 is added to the
Public Resources Code , to read:
29763.1. The commission shall act on proposed local government
general plan amendments within 60 days from the date
of submittal of the proposed
amendments. The commission shall approve the proposed general plan
amendments by a majority vote of the commission membership only after
making a written finding that the proposed amendments are consistent
with and in furtherance of the resources management plan, based on
substantial evidence in the record.
SEC. 33. Section 29763.2 is added to the
Public Resources Code , to read:
29763.2. In reviewing local government general plans or general
plan amendments, the commission shall make written findings as to the
potential impact of the proposed amendments, to the extent that
those impacts will not increase requirements or restrictions upon
agricultural practices in the primary zone, based on substantial
evidence in the record, as follows:
(a) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in wetland
or riparian loss.
(b) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in the
degradation of water quality.
(c) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in
increased nonpoint source pollution.
(d) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in the
degradation or reduction of Pacific Flyway habitat.
(e) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in reduced
public access, provided the access does not infringe on private
property rights.
(f) The general plan, and any development approved or proposed
that is consistent with the general plan, will not expose the public
to increased flood hazard.
(g) The general plan, and any development approved or proposed
that is consistent with the general plan, will not adversely impact
agricultural lands or increase the potential for vandalism, trespass,
or the creation of public or private nuisances on public or private
land.
(h) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in the
degradation or impairment of levee integrity.
(i) The general plan, and any development approved or proposed
that is consistent with the general plan, will not adversely impact
navigation.
(j) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in any
increased requirements or restrictions upon agricultural practices in
the primary zone.
SEC. 34. Section 29763.3 is added to the
Public Resources Code , to read:
29763.3. If the commission finds that the general plan is not
consistent with the resources management plan, the commission shall
remand the general plan back to the originating local government with
findings, based on substantial evidence in the record and as
approved by the commission, on items to be addressed. The local
government shall have 120 days to make changes and resubmit the
revised general plan to the commission for review pursuant to Section
29763.
SEC. 35. Section 29763.5 of the Public
Resources Code is repealed.
29763.5. The commission shall act on proposed local government
general plan amendments within 60 days from the date of submittal of
the proposed amendments. The commission shall approve the proposed
general plan amendments by a majority vote of the commission
membership, with regard to lands within the primary zone, only after
making all of the following written findings as to the potential
impact of the proposed amendments, to the extent that those impacts
will not increase requirements or restrictions upon agricultural
practices in the primary zone, based on substantial evidence in the
record:
(a) The general plan, and any development approved or proposed
that is consistent with the general plan, are consistent with the
resource management plan.
(b) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in wetland
or riparian loss.
(c) The general plan, and development approved or proposed that is
consistent with the general plan, will not result in the degradation
of water quality.
(d) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in
increased nonpoint source pollution.
(e) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in the
degradation or reduction of Pacific Flyway habitat.
(f) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in reduced
public access, provided the access does not infringe on private
property rights.
(g) The general plan, and any development approved or proposed
that is consistent with the general plan, will not expose the public
to increased flood hazard.
(h) The general plan, and any development approved or proposed
that is consistent with the general plan, will not adversely impact
agricultural lands or increase the potential for vandalism, trespass,
or the creation of public or private nuisances on public or private
land.
(i) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in the
degradation or impairment of levee integrity.
(j) The general plan, and any development approved or proposed
that is consistent with the general plan, will not adversely impact
navigation.
(k) The general plan, and any development approved or proposed
that is consistent with the general plan, will not result in any
increased requirements or restrictions upon agricultural practices in
the primary zone.
SEC. 36. Section 29764 of the Public
Resources Code is repealed.
29764. This division does not confer any permitting authority
upon the commission or require any local government to conform their
general plan, or land use entitlement decisions, to the resource
management plan, except with regard to lands within the primary zone.
The resource management plan does not preempt local government
general plans for lands within the secondary zone.
SEC. 37. Section 29764 is added to the
Public Resources Code , to read:
29764. Land use authorities granted to the commission by this
division are limited to the primary zone, and shall not preempt local
government general plans for lands within the secondary zone.
SEC. 38. Section 29765 of the Public
Resources Code is amended to read:
29765. (a) Prior to the commission
approving the general plan amendments of the local government, the
local government may approve development within the primary zone only
after making all of the following written findings on the basis of
substantial evidence in the record:
(a)
(1) The development will not result in
wetland or riparian loss.
(b)
(2) The development will not result in the
degradation of water quality.
(c)
(3) The development will not result in
increased nonpoint source pollution or soil erosion, including
subsidence or sedimentation.
(d)
(4) The development will not result in
degradation or reduction of Pacific Flyway habitat.
(e)
(5) The development will not result in
reduced public access, provided that access does not infringe upon
private property rights.
(f)
(6) The development will not expose the
public to increased flood hazards.
(g)
(7) The development will not adversely
impact agricultural lands or increase the potential for vandalism,
trespass, or the creation of public or private nuisances on private
or public land.
(h)
(8) The development will not result in the
degradation or impairment of levee integrity.
(i)
(9) The development will not adversely
impact navigation.
(j)
(10) The development will not result in any
increased requirements or restrictions upon agricultural practices in
the primary zone.
(b) Subsequent to commission approval of a local government's
general plan or general plan amendment, no additional development
shall occur in the primary zone of the delta unless the relevant
proposed amendment to a local government's general plan is determined
to be consistent with the resources management plan.
SEC. 39. Section 29771 of the Public
Resources Code is amended to read:
29771. After a hearing on an appealed action pursuant to
subdivisions (a) and (b) of Section 29770 , the commission
shall either deny the appeal or remand the matter to the local
government or local agency for reconsideration, after making specific
findings. Upon remand, the local government or local agency shall
modify the appealed action and resubmit the matter for review to the
commission. A proposed action appealed pursuant to this section shall
not be effective until the commission has adopted written findings,
based on substantial evidence in the record, that the action is
consistent with the resource management plan, the approved portions
of local government general plans that implement the resource
management plan, and this division.
SEC. 40. Section 29773 is added to the
Public Resources Code , to read:
29773. (a) The commission may review and provide comments and
recommendations to the Delta Stewardship Council on any significant
project or proposed project within the scope of the delta plan,
including, but not limited to, actions by state and federal agencies,
that may affect the unique cultural recreational and agricultural
values within the primary and secondary zones. Review provided to the
council shall include, but is not limited to:
(1) Identification of impacts to the cultural, recreational, and
agricultural values of the delta.
(2) Recommendations for actions that may avoid, reduce, or
mitigate impacts to the cultural, recreational, and agricultural
values of the delta.
(3) Review of consistency of the project or proposed project with
the resources management plan and the delta plan.
(4) Identify and recommend methods to address delta community
concerns regarding large scale habitat plan development and
implementation.
(b) The council shall consider the recommendations of the
commission during a public hearing and shall make findings regarding
whether the recommendations will be incorporated into the project and
whether the recommendations are consistent with the delta plan.
SEC. 41. Section 29773.5 is added to the
Public Resources Code , to read:
29773.5. On or before January 1, 2012, the commission shall
prepare and submit to the Legislature recommendations on potential
expansion or change to the primary zone. The commission shall
consider recommendations on the status of all of the following areas:
(a) Rio Vista.
(b) Isleton.
(c) Bethel Island.
(d) Brannan-Andrus Island.
(e) Cosumnes/Mokelumne floodway.
(f) The San Joaquin/South Delta lowlands.
SEC. 42. Section 29778.5 is added to the
Public Resources Code , to read:
29778.5. The Delta Investment Fund is hereby created in the State
Treasury. Any funds within the Delta Investment Fund shall be
available upon appropriation by the Legislature to the commission for
the implementation of the regional economic development plan for the
purposes of enhancing delta communities. The Delta Investment Fund
may receive funds from federal, state, local, and private sources.
SEC. 43. Section 29780 of the Public
Resources Code is amended to read:
29780. On January 1 of each year, the commission shall submit to
the Governor and the Legislature a report describing the progress
that has been made in achieving the objectives of this division. The
report shall include, but not be limited to, all
both of the following information :
(a) An evaluation of the effectiveness of the resource management
plan in preserving agricultural lands, restoring delta habitat,
improving levee protection and water quality, providing increased
public access and recreational opportunities, and in undertaking
other functions prescribed in this division.
(a) An evaluation of the effectiveness of the commission in
undertaking its functions prescribed in this division, including, but
not limited to, its following mandates:
(1) Determining the consistency of local general plans with the
delta plan.
(2) Outcomes of appealed local land use decisions pursuant to
Sections 29770, 29771, and 29773.
(3) Outcomes of reviews initiated by the commission.
(4) Facilitating regional economic development.
(5) Supporting other regional activities for the enhancement of
delta communities.
(b) An update of the resource management plan, using baseline
conditions set forth in the original resource management plan.
(c) The status of the environmental thresholds established by the
commission in the original resource management plan.
SEC. 44. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 29735.5 is added to the
Public Resources Code, to read:
29735.5. The commission shall request federal agencies,
including, but not limited to, the United States Army Corps of
Engineers, the United States Fish and Wildlife Service, and the
United States Bureau of Reclamation to participate in nonvoting
liaison capacities with the commission to better assess and
coordinate flood protection, water supply, and ecosystem protection
issues.
SEC. 2. Section 29759 is added to the Public
Resources Code, to read:
29759. (a) The commission shall require all general plans of
cities and counties within the Delta, and the resource management
plan, to be consistent with
any new Delta management plan that may be created or adopted by
the commission.
(b) The commission may impose a fee per acrefoot on any water
diversion within the Delta watershed, and a fee on any water conveyed
through or around the Delta, for the purpose of implementing
subdivision (a).
(c) The implementation of subdivision (a) shall be funded, upon
appropriation of the Legislature, from fee revenues collected
pursuant to subdivision (b) or from fee revenues collected pursuant
to Section _____.
SEC. 3. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
