HomeMy WebLinkAboutMINUTES - 07212009 - C.45RECOMMENDATION(S):
SUPPORT Senate Bill 457 (Wolk), a bill that relates to the Delta Protection Commission, as
recommended by Supervisor Mary N. Piepho.
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 legislation.
New Council staff: Up to $3,000 per year
Implementation of conservation plans: Potentially in the hundreds of millions
New science program $10,000 to $20,000 per year
Delta Protection Commission consistency determinations: $1,500 $1,500 General
Reimbursable state mandates: Unknown General
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 07/21/2009 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 21, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
C. 45
To:Board of Supervisors
From:Supervisor Mary N. Piepho
Date:July 21, 2009
Contra
Costa
County
Subject:SUPPORT SB 457 (Wolk): Sacramento-San Joaquin Delta
BACKGROUND:
In 1995, as required by the Delta Protection Act, the Delta Protection Commission
adopted a resource management plan for a statutorily designated primary zone of nearly
490,000 acres within the Sacramento-San Joaquin river delta (SB 1866, {Johnston},
Chapter 898, Statutes of 1992).
The Legislature created a cabinet-level Delta Vision Committee to prepare a Delta Vision
and Strategic Plan which the Committee produced in January 2009 (SB 1574, {Kuehl},
Chapter 535, Statutes of 2006). Governor Schwarzenegger also created a Governor's
Delta Vision Blue Ribbon Task Force which released its Delta Vision Strategic Plan in
October 2008. The Task Force's report called for a new governance structure with the
authority, responsibility, accountability, science support, and secure funding to achieve
its recommended co-equal goals for restoring the Delta ecosystem and creating a more
reliable water supply.
This bill requires the Delta Protection Commission (Commission) to review 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; authorize the Commission to cover the cost of the review by imposing a per
acre-foot fee on any water diversion with in the Delta Watershed, and a fee on any water
conveyed through or around the Delta. This bill imposes a state-mandated local program
by requiring all general plans of cities and counties within the Delta to be consistent with
the Delta Stewardship Plan.
ATTACHMENTS
SB 457
AMENDED IN ASSEMBLY JUNE 30, 2009
AMENDED IN SENATE JUNE 1, 2009
AMENDED IN SENATE MAY 5, 2009
AMENDED IN SENATE APRIL 13, 2009
SENATE BILL No. 457
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.
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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.
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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:
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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:
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(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:
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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 rotating 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
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(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.
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(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.
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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.
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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
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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
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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.
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(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.
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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
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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
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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.
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(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.
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(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.
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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
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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
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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:
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(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
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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.
O
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