HomeMy WebLinkAboutMINUTES - 07072009 - C.13RECOMMENDATION(S):
SUPPORT Senate Bill 458 (Wolk), a bill that establishes the Sacramento-San Joaquin Delta
Conservancy to support efforts that advance both environmental protection and economic
well-being of Delta residents, and to cooperate with other Delta governance entities.
FISCAL IMPACT:
No anticipated fiscal impacts on the County. The provisions of the bill will be implemented
only upon appropriation by the Legislature of funds for the purposes of this division. The
Conservancy shall not appoint an executive officer, employ any other staff, execute any
contract, or incur any other cost or obligation, until the Legislature appropriates money for
these purposes.
BACKGROUND:
Over the past few months Contra Costa County, as part of the Delta Counties Coalition, has
been working closely with Senator Lois Wolk who, as a champion of Delta interests, has
sponsored a number of bills dealing with various
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/07/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 5-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: July 7, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: Jane Pennington, Deputy
cc:
C.13
To:Board of Supervisors
From:Supervisor Mary N. Piepho
Date:July 7, 2009
Contra
Costa
County
Subject:SUPPORT SB 458 (Wolk): Sacramento-San Joaquin Delta Conservancy
BACKGROUND: (CONT'D)
aspects of the Delta. Two of these bills are being considered by the Legislature's
bi-cameral working group on Water for inclusion in a package of water bills to be sent to
the Governor this year. Senator Wolk's primary bills are SB 458, establishing a Delta
Conservancy, and SB 457, a revision of the 1992 Delta Protection Act (creating the Delta
Protection Commission).
SB 458, recently amended, is almost exactly what the Delta Counties Coalition put
forward to Senator Wolk, with a couple of minor corrections. Senator Wolk has had a
difficult time defending Delta interests against the water exporters and others in the state,
including influential northern California legislators. Senator Wolk has expressed a
commitment to this cause and has demonstrated her commitment by accepting the Delta
Counties Coalition amendments into her bill. Consequently, it is important that we
express our strong support for this bill. The Contra Costa County Board of Supervisors
has already expressed support for the principles contained in this bill at the meeting on
June 23, 2009.
The Assembly Water, Parks & Wildlife Committee has received the Speaker's approval
to hold a Delta bill hearing on July 7, at 9 a.m., in Room 4202, in order to hear the Delta
bills as a package. Rules Committee referred the following Delta-related bills to the
Committee on June 18:
1. SB 12 (Simitian) Clean Drinking Water & Water Supply Security
2. SB 229 (Pavley) CA Water Commission
3. SB 261 (Dutton) Conservation
4. SB 457 (Wolk) Delta Protection Commission
5. SB 458 (Wolk) Conservancy
Although SB 261 relates to water conservation, the Committee views the topic as having
some roots in the Delta Vision. staff understands that Senator Dutton continues to work
on amendments, which were due on June 23. In order to allow him extra time to continue
working on the amendments, hearing his bill on July 7 will extend his amendment
deadline for an additional week. All of Senator Wolk's bills were set for hearing at the
Committee's next regular hearing, on June 30, in order to ensure the Senator had an
opportunity to have her bills heard. Now that the Committee has approval for this special
hearing, Senator Wolk's bills will be reset for July 7. In response to questions about
amendments to SB 458, Senator Wolk decided to amend her bill, before the package was
put into print. SB 458, regarding a Delta Conservancy, is the only Delta bill to be
amended in the second house, at this point. The Senator's amendments, which went into
print on June 23, are author's amendments and not the product of the bi-cameral working
group.
At this point, the Committee hopes to amend the Delta bills one week before the hearing
on July 7. The Committee will hear the Delta bills on July 7, but there will be
subsequent, additional opportunities for public consideration of these important Delta
issues in the months to come.
CONSEQUENCE OF NEGATIVE ACTION:
CHILDREN'S IMPACT STATEMENT:
ATTACHMENTS
SB 458
AMENDED IN ASSEMBLY JUNE 22, 2009
AMENDED IN SENATE JUNE 2, 2009
AMENDED IN SENATE APRIL 2, 2009
SENATE BILL No. 458
Introduced by Senator Wolk
(Principal coauthor: Assembly Member Yamada)
(Coauthors: Senators DeSaulnier and Wiggins)
(Coauthor: Assembly Member Torlakson)
February 26, 2009
An act to add Division 22.3 (commencing with Section 32300) to
the Public Resources Code, relating to conservancies.
legislative counsel’s digest
SB 458, as amended, Wolk.Conservancies: 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 support efforts that advance both environmental
protection and the economic well-being of Delta residents, and to
cooperate with other Delta governance entities. The bill would prescribe
the management, powers, and duties of the conservancy undertake
various activities related to the Delta, as defined, and Suisun Marsh,
as defined, including supporting efforts that advance both environmental
protection and the economic well-being of Delta residents, and
undertaking efforts to enhance public use and enjoyment of lands owned
by the public. The bill would prescribe the management, powers, and
duties of the conservancy. The bill would create the Sacramento-San
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Joaquin Delta Conservancy Fund in the State Treasury. Moneys in the
fund would be available, upon appropriation, for the purposes of the
conservancy.
The Safe Drinking Water, Water Quality and Supply, Flood Control,
River and Coastal Protection Bond Act of 2006, an initiative statute
approved by the voters at the November 7, 2006, statewide general
election, among other things, makes certain bond funds available to the
Department of Fish and Game, in consultation with the Department of
Water Resources for Bay-Delta and coastal fishery restoration projects,
for the development of a natural community conservation plan for the
CALFED Bay-Delta Program, and for coastal salmon and steelhead
fishery restoration projects.
This bill would require the conservancy be funded with those bond
funds, upon appropriation by the Legislature.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
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SECTION 1.Division 22.3 (commencing with Section 32300)
is added to the Public Resources Code, to read:
DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA
CONSERVANCY
Chapter 1. General Provisions
32300.This division shall be known, and may be cited, as the
Sacramento-San Joaquin Delta Conservancy Act.
32301.The Legislature finds and declares all of the following:
(a) The Sacramento-San Joaquin Delta is a unique natural
resource of local, state, and national significance.
(b) At 1,300 square miles, the Delta is the largest estuary on
the west coast of North and South America.
(c) Its rivers and labyrinths of sloughs and channels are home
to 750 species of plants and wildlife as well as 55 species of fish,
provide habitat for 700 native plant and animal species, and are
part of the Pacific Flyway, one of the largest estuaries in the world.
(d) The Delta contains more than 500,000 acres of agriculture,
with unique soils and farmers who are creative and utilize
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innovative agriculture, such as carbon sequestration crops,
subsidence reversal crops, wildlife-friendly crops, and crops direct
for marketing to the large urban populations nearby.
(e) The Delta and Suisun Marsh provide numerous opportunities
for recreation, such as boating, kayaking, fishing, hiking, birding,
and hunting. Navigable waterways in the Delta are available for
public access and currently make up the majority of recreational
opportunities. There is a need for land-based recreational access
points including parks, picnic areas, and campgrounds.
(f) The Delta’s history is rich with a distinct natural,
agricultural, and cultural heritage. It is home to the community
of Locke, the only town in the United States built primarily by early
Chinese immigrants. Other legacy communities include Isleton,
Rio Vista, Walnut Grove, Courtland, Clarksburg, Freeport,
Knightsen, Hood, Locke, Ryde, and Bethel Island.
(g) The Delta is home to more than 500,000 people and 200,000
jobs, and contributes over thirty-five billion dollar
($35,000,000,000) to the state’s economy.
(h) In addition, the Delta provides water to more than 25 million
Californians and three million acres of agriculture. It supports a
four hundred billion dollars ($400,000,000,000) economy and is
traversed by energy, communications, and transportation facilities
vital to the economic health of California.
(i) A Sacramento-San Joaquin Delta Conservancy can support
efforts that advance both environmental protection and the
economic well-being of Delta residents in a complementary
manner, including all of the following:
(1) Protect and enhance habitat and habitat restoration.
(2) Protect and preserve Delta agriculture and working
landscapes.
(3) Undertake efforts to enhance public use and enjoyment of
lands owned by the public, including linkages to areas outside the
Delta.
(4) Provide increased opportunities for tourism and recreation.
(5) Promote Delta legacy communities and economic vitality
in the Delta in coordination with the Delta Protection Commission.
(6) Increase the Delta’s resilience to the effects of natural
disasters such as floods and earthquakes, in coordination with the
Delta Protection Commission.
(7) Protect and improve water quality.
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(8) Assist the Delta regional economy through the operation of
the conservancy’s program.
(9) Identify priority projects and initiatives for which funding
is needed.
(10) Protect, conserve, and restore the region’s physical,
agricultural, cultural, historical, and living resources.
(11) Assist local entities in the implementation of their Habitat
Conservation Plans (HCPs) and Natural Community Conservation
Plans (NCCPs).
(12) Facilitate take protection and safe harbor agreements
under the federal Endangered Species Act of 1973 (16 U.S.C. Sec.
1531 et seq.) and the California Endangered Species Act (Chapter
1.5 (commencing with Section 2050) of Division 3 of the Fish and
Game Code) for adjacent landowners and local public agencies.
(13) Promote environmental education.
(j) The voluntary acquisition of wildlife and agricultural
conservation easements in the Delta promotes and enhances the
traditional Delta values of agriculture, habitat, and recreation.
Chapter 2.Definitions
32310.For the purposes of this division, the following terms
have the following meanings:
(a) “Board” means the governing board of the Sacramento-San
Joaquin Delta Conservancy.
(b) “Conservancy” means the Sacramento-San Joaquin Delta
Conservancy.
(c) “Delta” means the Sacramento-San Joaquin Delta as defined
in Section 12220 of the Water Code.
(d) “Fund” means the Sacramento-San Joaquin Delta
Conservancy Fund created pursuant to Section 32360.
(e) “Local public agency” means a city, county, district, or joint
powers authority.
(f) “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, preservation or enhancement of wildlife,
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preservation of cultural and historical resources, or efforts to
provide for the enjoyment of public lands.
(g) “Suisun Marsh” means the area defined in Section 29101
and protected by Division 19 (commencing with Section 29000).
(h) “Tribal organization” means an Indian tribe, band, nation,
or other organized group or community, or a tribal agency
authorized by a tribe, which is recognized as eligible for special
programs and services provided by the United States to Indians
because of their status as Indians and is identified on pages 52829
to 52835, inclusive, of Number 250 of Volume 53 (December
29,1988) of the Federal Register, as that list may be updated or
amended from time to time.
32310.For the purposes of this division, the following terms
have the following meanings:
(a) “Board” means the governing board of the Sacramento-San
Joaquin Delta Conservancy.
(b) “Conservancy” means the Sacramento-San Joaquin Delta
Conservancy.
(c) “Delta” means the Sacramento-San Joaquin Delta as defined
in Section 12220 of the Water Code.
(d) “Fund” means the Sacramento-San Joaquin Delta
Conservancy Fund created pursuant to Section 32360.
(e) “Local public agency” means a city, county, district, or joint
powers authority.
(f) “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, preservation or enhancement of wildlife,
preservation of cultural and historical resources, or efforts to
provide for the enjoyment of public lands.
(g) “Suisun Marsh” means the area defined in Section 29101
and protected by Division 19 (commencing with Section 29000).
(h) “Tribal organization” means an Indian tribe, band, nation,
or other organized group or community, or a tribal agency
authorized by a tribe, which is recognized as eligible for special
programs and services provided by the United States to Indians
because of their status as Indians and is identified on pages 52829
to 52835, inclusive, of Number 250 of Volume 53 (December
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29,1988) of the Federal Register, as that list may be updated or
amended from time to time.
Chapter 3.Sacramento-San Joaquin Delta Conservancy
32320.There is in the Natural Resources Agency the
Sacramento-San Joaquin Delta Conservancy, which is created as
a state agency to work in collaboration and cooperation with local
governments and interested parties.
32322.(a) The conservancy shall support efforts that advance
both environmental protection and the economic well-being of
Delta residents in a complementary manner, including all of the
following:
(1) Protect and enhance habitat and habitat restoration.
(2) Protect and preserve Delta agriculture and working
landscapes.
(3) Provide increased opportunities for tourism and recreation
in the Delta.
(4) Promote Delta legacy communities and economic vitality
in the Delta, in coordination with the Delta Protection Commission.
(5) Increase the Delta’s resilience to the effects of natural
disasters such as floods and earthquakes, in coordination with the
Delta Protection Commission.
(6) Protect and improve water quality.
(7) Assist the Delta regional economy through the operation of
the conservancy’s program.
(8) Identify priority projects and initiatives for which funding
is needed.
(9) Protect, conserve, and restore the region’s physical,
agricultural, cultural, historical, and living resources.
(10) Assist local entities in the implementation of their Habitat
Conservation Plans (HCPs) and Natural Community Conservation
Plans (NCCPs).
(11) Facilitate take protection and safe harbor agreements
under the federal Endangered Species Act of 1973 (16 U.S.C. Sec.
1531 et seq.) and the California Endangered Species Act (Chapter
1.5 (commencing with Section 2050) of Division 3 of the Fish and
Game Code) for adjacent landowners and local public agencies.
(12) Promote environmental education through grant funding.
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(b) When implementing subdivision (a), the conservancy shall
undertake efforts to enhance public use and enjoyment of lands
owned by the public.
Chapter 4.Governing Board
32330.The board shall consist of 11 voting members and five
nonvoting members, appointed or designated as follows:
(a) The 11 voting members of the board shall consist of all of
the following:
(1) The Secretary of the Natural Resources Agency, or his or
her designee.
(2) The Director of Finance, or his or her designee.
(3) The chairperson of the Delta Protection Commission, or his
or her designee.
(4) One member of the board or a designee who is appointed
by the Contra Costa County Board of Supervisors, who is a resident
of the county.
(5) One member of the board or a designee who is appointed
by the Sacramento County Board of Supervisors, who is a resident
of the county.
(6) One member of the board or a designee who is appointed
by the San Joaquin County Board of Supervisors, who is a resident
of the county.
(7) One member of the board or a designee who is appointed
by the Solano County Board of Supervisors, who is a resident of
the county.
(8) One member of the board or a designee who is appointed
by the Yolo County Board of Supervisors, who is a resident of the
county.
(9) One public member appointed by the Governor.
(10) One public member appointed by the Senate Committee
on Rules.
(11) One public member appointed by the Speaker of the
Assembly.
(b) The five nonvoting members shall consist of all of the
following:
(1) A designee of the San Francisco Bay Conservation and
Development Commission for coordination purposes.
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(2) A designee of the State Coastal Conservancy for
coordination purposes.
(3) A designee of the Suisun Resource Conservation District
for coordination purposes.
(4) A Member of the Senate, appointed by the Senate Committee
on Rules, and a Member of the Assembly, appointed by the Speaker
of the Assembly, shall meet with the conservancy and participate
in its activities to the extent that this participation is not
incompatible with their positions as Members of the Legislature.
The appointed Members shall represent a district that encompasses
a portion of the Delta.
(c) Four nonvoting liaison advisers who serve in an advisory,
nonvoting capacity shall consist of all of the following:
(1) One representative of the United States Fish and Wildlife
Service, designated by the United States Secretary of the Interior.
(2) One representative of the United States National Marine
Fisheries Service, designated by the United States Secretary of the
Interior.
(3) One representative of the United States Bureau of
Reclamation, designated by the United States Secretary of the
Interior.
(4) One representative of the United States Army Corps of
Engineers, designated by the Commanding Officer, United States
Army Corps of Engineers, South Pacific Division.
(d) The public member appointed by the Governor shall serve
at his or her pleasure.
(e) The locally appointed members and alternates shall serve
at the pleasure of the appointing board of supervisors.
(f) 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.
(g) The Members of the Senate and Assembly shall serve for a
term of four years, with a two-term limit.
(h) Alternates may be appointed by the county boards of
supervisors.
32332.Annually, the voting members of the board shall elect
from among the voting members a chairperson and vice
chairperson, and other officers as necessary. If the office of the
chairperson or vice chairperson becomes vacant, a new
chairperson or vice chairperson shall be elected by the voting
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members of the board to serve for the remainder of the term. The
chairperson shall be selected from among the members specified
in paragraphs (4) to (8), inclusive, of subdivision (a) of Section
32330.
32334.A majority of the voting members shall constitute a
quorum for the transaction of the business of the conservancy. The
board shall not transact the business of the conservancy if a
quorum is not present at the time a vote is taken. A decision of the
board requires an affirmative vote of six of the voting members,
and the vote is binding with respect to all matters acted on by the
conservancy.
32336.The board shall adopt rules and procedures for the
conduct of business by the conservancy.
32338.The board may establish advisory boards or committees,
hold community meetings, and engage in public outreach.
32340.The board shall establish and maintain a headquarters
office within the Delta. The conservancy may rent or own real and
personal property and equipment pursuant to applicable statutes
and regulations.
32342.The board shall determine the qualifications of, and
shall appoint, an executive officer of the conservancy, who shall
be exempt from civil service. The board shall employ other staff
as necessary to execute the powers and functions provided for in
this division.
32344.The board may enter into contracts with private entities
and public agencies to procure consulting and other services
necessary to achieve the purposes of this division.
32346.The conservancy’s expenses for support and
administration may be paid from the conservancy’s operating
budget and any other funding sources available to the conservancy.
32348.The board shall conduct business in accordance with
the Bagley-Keene Open Meeting Act (Article 9 (commencing with
Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of
the Government Code).
32350.The board shall hold its regular meetings within the
Delta or the City of Rio Vista.
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Chapter 5.Powers, Duties, and Limitations
32360.(a) Except as specified in Section 32360.5, the
jurisdiction and activities of the conservancy are limited to the
Delta and Suisun Marsh.
(b) The Sacramento-San Joaquin Delta Conservancy Fund is
hereby created in the State Treasury. Money in the fund shall be
available, upon appropriation by the Legislature, only for the
purposes of this division.
(1) Funds provided for ecosystem restoration and enhancement
shall be available for projects consistent with the conservancy’s
strategic plan adopted pursuant to Section 32376.
(2) Funds provided for regional sustainability shall be available
for projects consistent with the Delta Protection Commission’s
Regional Sustainability and Land Use Plan.
32360.5.In furtherance of the conversancy’s role in
implementing the Delta Plan, the conservancy may take or fund
an action outside the Delta and Suisun Marsh if the board makes
all of the following findings:
(a) The project implements the ecosystem goals of the Delta
Plan.
(b) The project is consistent with the requirements of any
applicable state and federal permits.
(c) The conservancy has given notice to and receives and
reviews any comments from affected local jurisdictions and the
Delta Protection Commission.
(d) The conservancy has given notice to and reviewed any
comments received from any state conservancy where the project
is located.
(e) The project will provide significant benefits to the Delta.
32362.The conservancy may engage in partnerships with
nonprofit organizations, local public agencies, and landowners.
32363.In carrying out this division, the conservancy shall
cooperate with and consult with the city or county where a grant
is proposed or an interest in real property is proposed to be
acquired, and shall, as necessary or appropriate, coordinate its
efforts with other state agencies, in cooperation with the Secretary
of Natural Resources. The conservancy shall, as necessary or
appropriate, cooperate and consult with a public water system,
levee, flood control, or drainage agency that owns or operates
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facilities, including lands appurtenant thereto, where a grant is
proposed or an interest in land is proposed to be acquired.
32364.(a) The conservancy may provide grants and loans to
state agencies, local public agencies, nonprofit organizations, and
tribal organizations to further the goals of the conservancy.
(b) An entity applying for a grant from the conservancy to
acquire an interest in real property shall specify all of the following
in the grant application:
(1) The intended use of the property.
(2) The manner in which the land will be managed.
(3) How the cost of ongoing operations, maintenance, and
management will be provided, including an analysis of the
maintaining entity’s financial capacity to support those ongoing
costs.
(4) Grantees shall demonstrate, where applicable, how they
will provide payments in lieu of taxes, assessments, or charges
otherwise due to elements of local government.
32366.The conservancy may acquire from willing sellers or
transferors interests in real property and improve, lease, or
transfer interests in real property, in order to carry out the
purposes of this division. However, the conservancy shall not
acquire a fee interest in real property.
32368.The conservancy may enter into an agreement with a
public agency, nonprofit organization, or private entity for the
construction, management, or maintenance of facilities authorized
by the conservancy.
32370.The conservancy shall not exercise the power of eminent
domain.
32372.(a) The conservancy may pursue and accept funds from
various sources, including, but not limited to, federal, state, and
local funds or grants, private philanthropy, gifts, donations,
bequests, devises, subventions, grants, rents, royalties, or other
assistance and funds from public and private sources.
(b) The conservancy may accept fees levied by others.
(c) The conservancy may create and manage endowments.
(d) All funds received by the conservancy shall be deposited in
the fund for expenditure for the purposes of this division.
32376.Within two years of hiring an executive director, the
board shall create and adopt a strategic plan to achieve the goals
of the conservancy. The plan shall describe its interaction with
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local, regional, state, and federal land use, recreation, water and
flood management, and habitat conservation and protection efforts
within and adjacent to the Delta. The plan shall establish priorities
and criteria for projects and programs, based upon an assessment
of program requirements, institutional capabilities, and funding
needs throughout the Delta. The plan shall be consistent with the
Delta Plan, the 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.
32378.(a) The conservancy may expend funds and award
grants and loans to facilitate collaborative planning efforts and
to develop projects and programs that are designed to further the
purposes of this division.
(b) The conservancy may provide and make available technical
information, expertise, and other nonfinancial assistance to public
agencies, nonprofit organizations, and tribal organizations, to
support program and project development and implementation.
32380.The conservancy may acquire water or water rights to
support the goals of the conservancy.
32381.This division does not grant to the conservancy any of
the following:
(a) The power of a city or county to regulate land use.
(b) The power to regulate any activities on land, except as the
owner of an interest in the land, or pursuant to an agreement with,
or a license or grant of management authority from, the owner of
an interest in the land.
(c) The power over water rights held by others.
Chapter 2. Definitions
32310.For the purposes of this division, the following terms
have the following meanings:
(a) “Board” means the governing board of the Sacramento-San
Joaquin Delta Conservancy.
(b) “Conservancy” means the Sacramento-San Joaquin Delta
Conservancy.
(c) “Delta” means the Sacramento-San Joaquin Delta as defined
in Section 12220 of the Water Code.
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Chapter 3. Sacramento-San Joaquin Delta Conservancy
32320.There is in the Natural Resources Agency the
Sacramento-San Joaquin Delta Conservancy, which is created as
a state agency to work in collaboration and cooperation with local
governments and interested parties.
32322.The conservancy shall support efforts that advance both
environmental protection and the economic well-being of Delta
residents in a complementary manner.
Chapter 4. Governing Board
32330.The board shall consist of 11 voting members and four
nonvoting members, appointed by the Governor and confirmed
by the Senate. A member shall serve for a term of four years.
32332.The board shall determine the qualifications of, and
shall appoint, an executive officer of the conservancy, who shall
be exempt from civil service. The board shall employ other staff
as necessary to execute the powers and functions provided for in
this division.
32334.The conservancy’s expenses for support and
administration may be paid from the conservancy’s operating
budget and any other funding sources available to the conservancy.
Chapter 5. Powers, Duties, and Limitations
32360.The conservancy’s jurisdiction is limited to the Delta.
32362.(a) This division shall be implemented only upon
appropriation by the Legislature of funds from subdivision (a) of
Section 75050, for the purposes of this division.
(b) The board shall not appoint an executive officer, employ
any other staff, execute any contract, or incur any other cost or
obligation, until the Legislature appropriates money for these
purposes.
32366.Within two years of hiring an executive director, the
board shall create and adopt a strategic plan to achieve the goals
of the conservancy. The plan shall describe its interaction with
local, regional, state, and federal land use, recreation, water and
flood management, and habitat conservation and protection efforts
within and adjacent to the Delta. The plan shall establish priorities
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and criteria for projects and programs, based upon an assessment
of program requirements, institutional capabilities, and funding
needs throughout the Delta. The plan shall be consistent with the
Resource Management Plan developed by the Delta Protection
Commission and the Central Valley Flood Protection Plan.
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