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TO: BOARD OF SUPERVISORS _ - CENTRA
.:: COSTA
FROM: John Sweeten,County Administrator ,
COUNTY
DATE: April 12,2005
SUBJECT: SB 200 (Machado)- Support
SPECIFIC REQUEST(S) OR RECOMMENDATION(S)& BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
SUPPORT SB 200 (Machado) which would expand the authority of the State Coastal Conservancy to the
Sacramento-San Joaquin Delta Area, establish a conservancy program and account for the Delta area and take
related actions.
BACKGROUND/REASON(S)FOR RECOMMENDATION(S):
Contra Costa County does not have a specific state policy position on this issue; however for several years, the
County's federal platform has included positions on regional watershed plug and regional habitat planning
and conservation programs, all of which encompass the Sacramento-San Joaquin Delta Area. SB 200
(Machado)is consistent with the Board's adopted federal position.
SB 200 (Machado) would expand the authority of the State Coastal Conservancy to the Sacramento-San
Joaquin Delta Area, add a representative to the Conservancy from this area, establish a conservancy program for
the Delta and a program account. The purpose of the bill is protect, enhance and restore the overall
quality of the Delta environment with respect to resources, including but not limited to, agriculture, wildlife
habitat, public access and recreational opportunities. SB 200 provides for a mechanism for a coordinated,
comprehensive and more effective approach to achieving these objectives.
CONTINUED ON ATTACHMENT: u/ ES SIGNATURE:
RECOMMENDATION OF COUNTY ADMIMSTRATOR RECOMMENDATION COMMITTEE
OVE OTHER
SIGNATURE(S). �-
ACTION OF BO APPROVED AS RECOMMENDED217
OTHER
7
VOTE OF SUPERVISORS
1 HEREBY CERTIFY THAT THIS IS A
UNANIMOUS(ABSENT TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED
ABSENT: ABSTAIN: ON MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Sara Hoffirnan,3354050
ATTESTED
cc: CAO JOHN SWEETEN,(CLERK OF
Community Development THE BOARD OF SUPERVISORS
Nielsen, Merksamer(via CAO) AND COUNTY ADMINISTRATOR
DEPUTY
SENATin" T No. 200
E JUILIUJU
Introduced by Senator Machado
February 10,2005
An act to amend Section 31100.5 of,, and to add Chapter 4.6
(commencing with Section 31180) to Division 21 of, the Public
Resources Code,relating to coastal resources.
LEGISLATIVE COUNSEL'S DIGEST
SB 200, as introduced, Machado. Sacramento-San Joaquin Delta
Conservancy Program.
Existing law authorizes the State Coastal Conservancy to acquire,
manage, direct the management of, and conserve specified coastal
lands and wetlands in the state. Existing law requires 6 Members of
the Legislature, appointed as specified,to meet with the State Coastal
Conservancy and participate in its activities to the extent not
incompatible with their legislative positions.
This bill would additionally provide that these appointments shall
balance representation among coastal California, the San Francisco
Bay Area, and the Delta appropriate to the conservancy's activities.
This bill would establish the Sacramento-San Joaquin Delta
Conservancy Program,to be administered by the conservancy,for the
purpose of restoring, enhancing, and protecting the unique
agricultural, economic, natural, cultural, recreational, public access,
and urban waterfront resources and opportunities of the
Sacramento-San Joaquin Delta, as defined, in a coordinated,
comprehensive, and effective manner, as prescribed.
The bill would create the Sacramento-San Joaquin Delta
Conservancy Program Account in the State Coastal Conservancy
Fund, for the purpose of depositing and disbursing funds for the
administration and implementation of the program. The bill would
require that the money in the account be segregated into 2
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subaccounts; one of which would contain state funds that are
appropriated by the Legislature for the purposes of the program; and
one of which would contain nonstate funds that are derived from other
sources,exclusive of federal funds, for the purposes of the program.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 31100.5 of the Public Resources Code is
2 amended to read:
3 31100.5 Three Members of the Senate, appointed by the
4 Senate Rules Committee, and three Members of the Assembly,
5 appointed by the Speaker of the Assembly, shall meet with the
6 conservancy and participate in its activities to the extent that such
7 participation is not incompatible with their respective positions
8 as Members of the Legislature. These appointments shall balance
9 representation among coastal California, the San Francisco Bay
10 Area, and the Delta appropriate to the conservancy's activities,
11 and shall assure that each area is represented by at least one
12 Member of the Legislature.
13 SEC. 2. Chapter 4.6 (commencing with Section 31180) is
14 added to Division 21 of the Public Resources Code,to read:
15
16 CHAPTER 4.6. SACRAMENTO-SAN JOAQUIN DELTA
17 CONSERVANCY PROGRAM
18
19 31180. The Sacramento-San Joaquin Delta Conservancy
20 Program is established pursuant to this chapter, to be
21 administered by the conservancy, for the purpose of restoring,
22 enhancing, and protecting the unique agricultural, economic,
23 natural,cultural,historical,recreational,public access,and urban
24 waterfront resources and opportunities of the Sacramento-San
25 Joaquin Delta in a coordinated, comprehensive, and effective
26 manner.
27 31181. (a) The Legislature hereby finds and declares that the
28 Sacramento-San Joaquin Delta constitutes a region of significant
29 statewide importance to the people of California. The Legislature
30 further finds and declares that one of the state's primary goals for
31 the delta is to protect, maintain, enhance, and restore the overall
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1 quality of the delta environment with respect to resources,
2 including, but not limited to, agriculture, wildlife habitat, public
3 access,and recreational opportunities.
4 (b) The Legislature further fmds that, in order to protect the
5 delta, it is important that urban development not occur in the
6 primary zone, as defined in Section 29728, so that agriculture,
7 wildlife,and recreation are allowed to flourish.
8 31182. For purposes of this chapter,the following terms have
9 the following meanings:
10 (a) "Commission"means the Delta Protection Commission as
11 established pursuant to Chapter 3 (commencing with Section
12 29735) of Division 19.5.
13 (b) "Delta" means the Sacramento-San Joaquin Delta, as
14 defined in Section 12220 of the Water Code,and,in addition,the
15 area within the incorporated limits of the City of Rio Vista.
16 (c) "Program" means the Sacramento-San Joaquin Delta
17 Conservancy Program established pursuant to this chapter.
18 31183. The conservancy may undertake projects in the delta
19 and may award grants or make loans to public agencies and
20 nonprofit organizations to achieve the following goals of the
21 program:
22 (a) Promotion of farming in a manner that integrates
23 agricultural activities with environmental protection and that also
24 sustains the economics of the region through wildlife-friendly
25 farming practices, implementation of innovative farming
26 technology, improvement of water quality and water usability,
27 enhancement of habitat, integrated pest management practices,
28 and other approaches.
29 (b) Protection of farmland and promotion of agricultural
30 viability, including, but not limited to, land used or usable for
31 grazing.
32 (c) Restoration, enhancement, provision, and protection of
33 open space and natural areas.
34 (d) Furthering compatibility of agricultural and other private
35 land uses, recreational and educational uses, and wildlife
36 protection.
37 (e) Collaboration with public or private entities and
38 individuals that support the economy of the communities and
39 rural areas of the delta,including urban waterfronts.
40 (f) Provision of public access and recreational opportunities.
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SB 200 —4—
1 (g) Protection, restoration, and support of the economy of
2 culturally and historically important places.
3 31184. For purposes of this chapter only, the conservancy
4 may not undertake or fund an acquisition of property rights
5 where there is not a willing seller.
6 31185. In developing projects under the program, the
7 conservancy shall give priority to those projects that meet all of
8 the following criteria:
9 (a) Supported by adopted local or regional plans.
10 (b) Serve a multijurisdictional or regional constituency.
11 (c) Have multiple objectives.
12 (d) Include matching funds from other sources of funding or
13 assistance. The matching funds obligation can be satisfied by the
14 provision of in-kind activities that further the goals of the
15 conservancy.
16 (d) Can be implemented in a timely manner.
17 (e) Serve more than one of the goals described in Section
18 31183.
19 31186. (a) The conservancy shall work with the commission
20 to implement appropriate goals and policies of the resource
21 management plan adopted by the commission pursuant to Section
22 29760. The conservancy shall conduct, in conjunction with the
23 commission,an assessment of the conservation needs of the delta
24 that describes the actions needed to fulfill the program's goals
25 described in Section 31183.
26 (b) The commission may request conservancy action through
27 the program by resolution, or may adopt a list of priority areas or
28 concerns that shall also provide guidance to the program.
29 (c) At least 60 days prior to the conservancy approving a
30 project, the conservancy shall submit a project description
31 summary to the commission for review.
32 31187. (a) The Sacramento-San Joaquin Delta Conservancy
33 Program Account is hereby created in the State Coastal
34 Conservancy Fund for the purpose of depositing and disbursing
35 funds for the administration and implementation of the program.
36 (b) (1) The money in the account created pursuant to
37 subdivision (a), which shall be available for expenditure upon
38 appropriation by the Legislature, shall be segregated into two
39 subaccounts,as follows:
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1 (A) One subaccount shall contain state funds that are
2 appropriated by the Legislature for the purposes of this chapter.
3 All interest that accrues on the funds in this subaccount shall be
4 transferred to, and deposited into, the General Fund. The
5 conservancy shall account for all deposits of funds in this
6 subaccount that are derived from funds that were appropriated by
7 the Legislature for the purposes of this chapter.
8 (B) One subaccount shall contain nonstate funds that are
9 derived from other sources, exclusive of federal funds, for the
14 purposes of this chapter, including, but not limited to, private
11 donations made for the purposes of this chapter,regulatory fees,
12 and local government contributions made for the purposes of this
13 chapter. All interest that accrues on the funds in this subaccount
14 shall be retained in the subaccount and shall be available for
15 expenditure by the conservancy for the purposes of this chapter,
16 Not more than 3 percent of the funds that are deposited in this
17 subaccount shall be utilized by the conservancy for general
18 administration and planning purposes. No funds may be
19 expended from this subaccount for an activity that would require
20 a commitment of state funds in the future.The conservancy shall
21 account for all deposits of funds in this subaccount for the
22 purposes of this chapter.
23 (2) All reimbursements, proceeds of sale, or other money
24 received by the conservancy for the purposes of this chapter that
25 are not expended on projects authorized under the program shall
26 be deposited in the appropriate subaccount of the account.
27 (c) The conservancy is not required to undertake an activity
28 pursuant to this chapter until funds from new sources that are not
29 available to the conservancy as of January 1, 2006, are
30 appropriated by the Legislature or otherwise made available to
31 the conservancy for those purposes, and until the State Coastal
32 Conservancy Fund is reimbursed from moneys in the account for
33 all administrative or general planning funds expended by the
34 conservancy for the purposes of this chapter prior to the
35 appropriation of funds to, or the availability of funds in, the
36 account for those purposes. In accomplishing the objectives of
37 this chapter, the conservancy may exercise its authority as
38 provided for in this division, as well as pursuant to all other
39 express or implied authority granted to the conservancy.
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1 31188. In the report to the Governor and the Legislature
2 required by Section 31108, the conservancy shall discuss its
3 progress in addressing the goals of this chapter, including, but
4 not limited to, implementation of the long-term resource
5 management plan adopted by the commission under Section
6 29760.
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