AB 1876: Sacramento-San Joaquin Delta: Delta Plan: administration.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2018-04-03
Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, establishes the Delta Stewardship Council, which consists of 7 members, and requires the council to develop, adopt, and commence implementation of a comprehensive management plan for the Delta, known as the Delta Plan.
Existing law, the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992, creates the Delta Protection Commission, which includes both state officials and members appointed by local authorities, including members who are local officials. The act requires the Delta Protection Commission to review and maintain a comprehensive long-term resource management plan for land uses within the primary zone, as defined, of the Delta, and to adopt and periodically review an economic sustainability plan containing, among other things, information and recommendations that inform the Delta Stewardship Councils policies regarding the socioeconomic sustainability of the Delta region. The act also authorizes the commission to review and provide comments and recommendations to the council on any significant project or proposed project within the scope of the Delta Plan. The act provides for the council, upon receiving recommendations from the commission, to review and, if the commission makes certain determinations, to adopt those recommendations.
This bill would increase the membership of the Delta Stewardship Council to 13 members, including 11 voting members and 2 nonvoting members, as specified. By imposing new duties upon local officials to appoint new members to the council, the bill would impose a state-mandated local program.TheThis bill would make the provisions establishing the Delta Stewardship Council inoperative on July 1, 2020. The bill would provide for the Delta Protection Commission, on that date, to succeed to, and to be vested with, the duties, powers, purposes, responsibilities, and jurisdiction vested in the council as of June 30, 2020. Consistent with this transfer of authority, the bill would provide for the commission to adopt, instead of recommend, various measures for inclusion in the Delta Plan, subject to making the determinations previously made by the council. The bill would make related conforming changes. By imposing new duties on local officials appointed to the commission, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, establishes the Delta Stewardship Council, which consists of 7 members, and requires the council to develop, adopt, and commence implementation of a comprehensive management plan for the Delta, known as the Delta Plan.
Existing law, the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992, creates the Delta Protection Commission, which includes both state officials and members appointed by local authorities, including members who are local officials. The act requires the Delta Protection Commission to review and maintain a comprehensive long-term resource management plan for land uses within the primary zone, as defined, of the Delta, and to adopt and periodically review an economic sustainability plan containing, among other things, information and recommendations that inform the Delta Stewardship Councils policies regarding the socioeconomic sustainability of the Delta region. The act also authorizes the commission to review and provide comments and recommendations to the council on any significant project or proposed project within the scope of the Delta Plan. The act provides for the council, upon receiving recommendations from the commission, to review and, if the commission makes certain determinations, to adopt those recommendations.
This bill would increase the membership of the council Delta Stewardship Council to 13 members, including 11 voting members and 2 nonvoting members, as specified. By imposing new duties upon local officials to appoint new members to the council, the bill would impose a state-mandated local program.
The bill would make the provisions establishing the Delta Stewardship Council inoperative on July 1, 2020. The bill would provide for the Delta Protection Commission, on that date, to succeed to, and to be vested with, the duties, powers, purposes, responsibilities, and jurisdiction vested in the council as of June 30, 2020. Consistent with this transfer of authority, the bill would provide for the commission to adopt, instead of recommend, various measures for inclusion in the Delta Plan, subject to making the determinations previously made by the council. The bill would make related conforming changes. By imposing new duties on local officials appointed to the commission, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, establishes the Delta Stewardship Council, which consists of 7 members, and requires the council to develop, adopt, and commence implementation of a comprehensive management plan for the Delta, known as the Delta Plan.
This bill would increase the membership of the council to 13 members, including 11 voting members and 2 nonvoting members, as specified. By imposing new duties upon local officials to appoint new members to the council, the bill would impose a state-mandated local program.
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 the statutory provisions noted above.
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.
(c)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
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, for adoption in the Delta Plan, methods of preserving the Delta as an evolving place.
(b)There is a need for the five Delta counties to establish and implement a resources management plan for the Delta and for the commission, in adopting the Delta Plan, to consider the resources management plan and to identify and adopt strategies to avoid, reduce, or mitigate impacts to the cultural, recreational, and agricultural values of the Delta and strategies for the continued socioeconomic sustainability of the Delta region.
(c)This section shall become operative on July 1, 2020.
SEC. 3.Section 29722.5 of the Public Resources Code is amended to read:29722.5.(a)Delta Plan means the plan adopted by the Delta Stewardship Council pursuant to Section 85300 of the Water Code.
(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 4.Section 29722.5 is added to the Public Resources Code, to read:29722.5.(a)Delta Plan means the plan adopted pursuant to Section 85300 of the Water Code.
(b)This section shall become operative on July 1, 2020.
SEC. 5.Section 29739 of the Public Resources Code is amended to read:29739.(a)The commission, during the first meeting of the commission after January 1, 2010, shall elect from among the members identified 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 identified in subdivision (a) of Section 29735.
(c)The chairperson shall serve as a voting member of the Delta Stewardship Council.
(d)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 6.Section 29739 is added to the Public Resources Code, to read:29739.(a)The commission, during the first meeting of the commission after January 1, 2010, shall elect from among the members identified 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 identified in subdivision (a) of Section 29735.
(c)This section shall become operative on July 1, 2020.
SEC. 7.Section 29759 of the Public Resources Code is amended to read:29759.(a)Not later than July 1, 2011, the commission shall prepare and adopt, by a majority vote of the membership of the commission, an economic sustainability plan. The economic sustainability plan shall include information and recommendations that inform the Delta Stewardship Councils policies regarding the socioeconomic sustainability of the Delta region.
(b)The economic sustainability plan shall include, but not be limited to, all of the following:
(1)Public safety recommendations, such as flood protection recommendations.
(2)The economic goals, policies, and objectives in local general plans and other local economic efforts, including recommendations on continued socioeconomic 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)Identification of ways to encourage recreational investment along the key river corridors, as appropriate.
(c)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 8.Section 29759 is added to the Public Resources Code, to read:29759.(a)Not later than July 1, 2011, the commission shall prepare and adopt, by a majority vote of the membership of the commission, an economic sustainability plan. The economic sustainability plan shall be consistent with the Delta Plan and shall inform the commissions policies regarding the socioeconomic sustainability of the Delta region.
(b)The economic sustainability plan shall include, but not be limited to, all of the following:
(1)Public safety strategies, such as flood protection strategies.
(2)The economic goals, policies, and objectives in local general plans and other local economic efforts, including strategies for continued socioeconomic 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)Identification of ways to encourage recreational investment along the key river corridors, as appropriate.
(c)This section shall become operative on July 1, 2020.
SEC. 9.Section 29761.5 of the Public Resources Code is amended to read:29761.5.(a)The commission shall review, and, as determined to be necessary, amend the economic sustainability plan every five years on or before December 31 in years ending in six or one.
(b)The commission shall transmit copies of the economic sustainability plan and any subsequent amendments to the Governor, Legislature, each local government as defined in Section 29725, and Delta Stewardship Council within 60 days of adoption or amendment. Within 180 days of the commissions adoption or amendment of the economic sustainability plan, the Delta Stewardship Council shall review the economic sustainability plan for consistency with the Delta Plan.
(c)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 10.Section 29761.5 is added to the Public Resources Code, to read:29761.5.(a)The commission shall review, and, as determined to be necessary, amend the economic sustainability plan every five years on or before December 31 in years ending in six or one.
(b)The commission shall transmit copies of the economic sustainability plan and any subsequent amendments to the Governor, Legislature, and each local government as defined in Section 29725.
(c)This section shall become operative on July 1, 2020.
SEC. 11.Section 29773 of the Public Resources Code is amended 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 and comment authority granted to the commission shall include, but is not limited to, all of the following:
(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)Identification and recommendation of methods to address Delta community concerns regarding large-scale habitat plan development and implementation.
(b)The council shall take into consideration the recommendations of the commission, including the recommendations included in the economic sustainability plan. If the council, in its discretion, determines that a recommendation of the commission is feasible and consistent with the objectives of the Delta Plan and the purposes of this division, the council shall adopt the recommendation.
(c)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 12.Section 29773 is added to the Public Resources Code, to read:29773.(a)Subject to subdivision (b), the commission may, upon review of 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, in exercising its authority pursuant to Division 35 (commencing with Section 85000) of the Water Code, identify or evaluate, and adopt measures to address, issues that include, but are not limited to, all of the following:
(1)Impacts to the cultural, recreational, and agricultural values of the Delta. For purposes of this paragraph, measures to address those impacts shall include actions that may avoid, reduce, or mitigate the impacts.
(2)Whether the project or proposed project is consistent with the resources management plan.
(3)Delta community concerns regarding large-scale habitat plan development and implementation.
(b)The commission shall not adopt a measure pursuant to subdivision (a) unless the commission determines that the measure is feasible and consistent with the objectives of the Delta Plan and the purposes of this division.
(c)Nothing in this section shall be construed to limit the commissions authority to review or adopt measures to address any aspect of a project pursuant to any other provision of law.
(d)This section shall become operative on July 1, 2020.
SEC. 13.Section 85022 of the Water Code is amended to read:85022.(a)It is the intent of the Legislature that state and local land use actions identified as covered actions pursuant to Section 85057.5 be consistent with the Delta Plan. This sections findings, policies, and goals apply to Delta land use planning and development.
(b)The actions of the council shall be guided by the findings, policies, and goals expressed in this section when reviewing decisions of the commission pursuant to Division 19.5 (commencing with Section 29700) of the Public Resources Code.
(c)The Legislature finds and declares all of the following:
(1)The Delta is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced estuary and wetland ecosystem of hemispheric importance.
(2)The permanent protection of the Deltas natural and scenic resources is the paramount concern to present and future residents of the state and nation.
(3)To promote the public safety, health, and welfare, and to protect public and private property, wildlife, fisheries, and the natural environment, it is necessary to protect and enhance the ecosystem of the Delta and prevent its further deterioration and destruction.
(4)Existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to persons living and working in the Delta.
(d)The fundamental goals for managing land use in the Delta are to do all of the following:
(1)Protect, maintain, enhance, and, where feasible, restore the overall quality of the Delta environment and its natural and artificial resources.
(2)Ensure the utilization and conservation of Delta resources, taking into account the social and economic needs of the people of the state.
(3)Maximize public access to Delta resources and maximize public recreational opportunities in the Delta consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
(4)Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the Delta.
(5)Develop new or improved aquatic and terrestrial habitat and protect existing habitats to advance the goal of restoring and enhancing the Delta ecosystem.
(6)Improve water quality to protect human health and the environment consistent with achieving water quality objectives in the Delta.
(e)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 14.Section 85022 is added to the Water Code, to read:85022.(a)It is the intent of the Legislature that state and local land use actions identified as covered actions pursuant to Section 85057.5 be consistent with the Delta Plan. This sections findings, policies, and goals apply to Delta land use planning and development.
(b)The Legislature finds and declares all of the following:
(1)The Delta is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced estuary and wetland ecosystem of hemispheric importance.
(2)The permanent protection of the Deltas natural and scenic resources is the paramount concern to present and future residents of the state and nation.
(3)To promote the public safety, health, and welfare, and to protect public and private property, wildlife, fisheries, and the natural environment, it is necessary to protect and enhance the ecosystem of the Delta and prevent its further deterioration and destruction.
(4)Existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to persons living and working in the Delta.
(c)The fundamental goals for managing land use in the Delta are to do all of the following:
(1)Protect, maintain, enhance, and, where feasible, restore the overall quality of the Delta environment and its natural and artificial resources.
(2)Ensure the utilization and conservation of Delta resources, taking into account the social and economic needs of the people of the state.
(3)Maximize public access to Delta resources and maximize public recreational opportunities in the Delta consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
(4)Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the Delta.
(5)Develop new or improved aquatic and terrestrial habitat and protect existing habitats to advance the goal of restoring and enhancing the Delta ecosystem.
(6)Improve water quality to protect human health and the environment consistent with achieving water quality objectives in the Delta.
(d)This section shall become operative on July 1, 2020.
SEC. 15.Section 85055 of the Water Code is amended to read:85055.(a)Commission means the Delta Protection Commission established in Division 19.5 (commencing with Section 29700) of the Public Resources Code.
(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 16.Section 85055 is added to the Water Code, to read:85055.(a)Commission and council mean the Delta Protection Commission established in Division 19.5 (commencing with Section 29700) of the Public Resources Code.
(b)This section shall become operative on July 1, 2020.
SEC. 17.Section 85057 of the Water Code is amended to read:85057.(a)Council means the Delta Stewardship Council established in Section 85200.
(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 18.Section 85061 is added to the Water Code, to read:85061.(a)Primary zone of the Delta means the primary zone as defined in Section 29728 of the Public Resources Code.(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.SEC. 19.Section 85066.5 is added to the Water Code, to read:85066.5.(a)Secondary zone of the Delta means the secondary zone as defined in Section 29731 of the Public Resources Code.(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.SEC. 20.Section 85200 of the Water Code, as added by Section 98 of Chapter 26 of the Statutes of 2017, is amended to read:85200.(a)The Delta Stewardship Council is hereby established as an independent agency of the state.(b)The council shall consist of 11 voting members and two nonvoting members, as follows:(1)The 11 voting members shall be as follows:(A)Four members shall be appointed by the Governor and confirmed by the Senate.(B)One member shall be appointed by the Senate Committee on Rules.(C)One member shall be appointed by the Speaker of the Assembly.(D)One member each shall be appointed by the municipal selection committees for the primary zone and the secondary zone of the Delta established in Section 85200.5.(E)One member with expertise in Delta agricultural interests and one member with expertise in Delta small business interests, each with a primary residence in the Delta, shall be appointed by the Boards of Supervisors of the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo. The boards of supervisors of those counties shall organize a selection committee for the purposes of this subparagraph. Nothing in this section shall prevent the selection committee from appointing members who meet the criteria for appointment under another provision of this subdivision.(F)One member shall be the Chairperson of the Delta Protection Commission.(2)One Member of the Senate appointed by the Senate Committee on Rules and one Member of the Assembly appointed by the Speaker of the Assembly, both of whom represent areas within the primary zone of the Delta, shall be ex officio members without vote and shall participate in the activities of the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this division, these Members of the Legislature shall constitute a joint interim investigating committee on the subject of this division, and, as that committee, shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and Assembly.(c)(1)Except as provided in paragraph (2), initial appointments to the council shall be made by July 1, 2010.(2)(A)Initial appointments of the members appointed by municipal selection committees shall be made by March 1, 2019.(B)Initial appointments of the ex officio members described in paragraph (2) of subdivision (b) shall be made by March 1, 2019.(d)(1)(A)The initial terms of two of the four members appointed by the Governor shall be four years.(B)The initial terms of two of the four members appointed by the Governor shall be six years.(C)The initial terms of the members appointed by the Senate Committee on Rules and the Speaker of the Assembly shall be four years.(D)The initial terms of the members appointed by the municipal selection committees for the primary zone or the secondary zone of the Delta shall be four years.(E)Upon the expiration of each term described in subparagraph (A), (B), (C), or (D), the term of each succeeding member shall be four years.(2)The Chairperson of the Delta Protection Commission shall serve as a member of the council for the period during which he or she holds the position as commission chairperson.(e)Any vacancy shall be filled by the appointing authority within 60 days. If the term of a council member expires, and no successor is appointed within the allotted timeframe, the existing member may serve up to 180 days beyond the expiration of his or her term.(f)The council members shall select a chairperson from among the members, who shall serve for not more than four years in that capacity.(g)The council shall meet once a month in a public forum. At least two meetings each year shall take place at a location within the Delta.SEC. 21.Chapter 1 (commencing with Section 85200) of Part 3 of Division 35 of the Water Code, as added by Section 39 of Chapter 5 of the Seventh Extraordinary Session of the Statutes of 2009, as of July 1, 2020, is repealed.SEC. 18.Section 85205 is added to the Water Code, immediately following Section 85204, to read:85205.This chapter shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 22.SEC. 19.Chapter 1 1.1 (commencing with Section 85200)85206) is added to Part 3 of Division 35 of the Water Code, to read:1.1.1.Authority of Delta Protection Commission85200.85206.(a)The commission succeeds to and is vested with the duties, powers, purposes, responsibilities, and jurisdiction vested in the Delta Stewardship Council pursuant to this division, as this division read on June 30, 2020.
(b)Any reference in any code to the Delta Stewardship Council or to the executive officer of that council shall be deemed a reference to the commission or to the chairperson of the commission, respectively.
85201.85207.This chapter shall become operative on July 1, 2020.
SEC. 23.Section 85200.5 is added to the Water Code, to read:85200.5.(a)For the purposes of this section, the term unincorporated town means the following:(1)In the primary zone of the Delta, the communities of Clarksburg, Courtland, Hood, Knightsen, Locke, Ryde, Terminous, and Walnut Grove.(2)In the secondary zone of the Delta, the communities of Bay Point, Bethel Island, Birds Landing, Byron, Collinsville, Discovery Bay, and Freeport.(b)Municipal selection committees are hereby established for the primary zone and the secondary zone of the Delta to appoint members to the council.(c)The municipal selection committees for the primary zone and the secondary zone of the Delta shall consist of the following members or their designees:(1)The mayor or an elected member of the city council of each city in the applicable zone, selected by a majority of that city council.(2)For each unincorporated town in the applicable zone, one of the following:(A)A member of the municipal advisory council of the unincorporated town who is a resident of the town, selected by a majority vote of the total membership of that municipal advisory council.(B)If no person is available for appointment under subparagraph (A), a resident of the unincorporated town, selected by majority vote of the total membership of the board of supervisors of the applicable county.(d)(1)Representatives of cities may only be nominated for membership in the council from among the mayors or elected city council members of those cities.(2)Representatives of unincorporated towns may only be nominated for membership in the council from among the members of the municipal selection committee.(e)A majority of the total membership of the municipal selection committee shall constitute a quorum for the transaction of business.(f)A majority vote of the total membership of a municipal selection committee is required for the municipal selection committee to take action. Each member of the municipal selection committee shall have one vote.(g)This section is repealed on July 1, 2020.SEC. 24.SEC. 20.Section 85300.5 is added to the Water Code, to read:85300.5.(a)The commission shall establish and oversee a committee of agencies responsible for implementing the Delta Plan. Each agency shall coordinate its actions pursuant to the Delta Plan with the commission and the other relevant agencies.
(b)This section shall become operative on July 1, 2020.
SEC. 25.SEC. 21.Section 85301 of the Water Code is amended to read:85301.(a)The commission shall develop, for consideration and incorporation into the Delta Plan by the council, a proposal to protect, enhance, and sustain the unique cultural, historical, recreational, agricultural, and economic values of the Delta as an evolving place, in a manner consistent with the coequal goals. For the purpose of carrying out this subdivision, the commission may include in the proposal the relevant strategies described in the Strategic Plan.
(b)(1)The commission shall include in the proposal a plan to establish state and federal designation of the Delta as a place of special significance, which may include application for a federal designation of the Delta as a National Heritage Area.
(2)The commission shall include in the proposal a regional economic plan to support increased investment in agriculture, recreation, tourism, and other resilient land uses in the Delta. The regional economic plan shall include detailed recommendations for the administration of the Delta Investment Fund created by Section 29778.5 of the Public Resources Code.
(c)For the purposes of assisting the commission in its preparation of the proposal, both of the following actions shall be undertaken:
(1)The Department of Parks and Recreation shall prepare a proposal, for submission to the commission, to expand within the Delta the network of state recreation areas, combining existing and newly designated areas. The proposal may incorporate appropriate aspects of any existing plans, including the Central Valley Vision Implementation Plan adopted by the Department of Parks and Recreation.
(2)The Department of Food and Agriculture shall prepare a proposal, for submission to the commission, to establish market incentives and infrastructure to protect and enhance the economic and public values of Delta agriculture.
(d)The commission shall submit the proposal developed pursuant to subdivision (a) to the council. The council shall consider the proposal and may include any portion of the proposal in the Delta Plan if the council, in its discretion, determines that the portion of the proposal is feasible and consistent with the objectives of the Delta Plan and the purposes of this division.
(e)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 26.SEC. 22.Section 85301 is added to the Water Code, to read:85301.(a)Subject to subdivision (d), the commission shall develop and incorporate into the Delta Plan a proposal to protect, enhance, and sustain the unique cultural, historical, recreational, agricultural, and economic values of the Delta as an evolving place, in a manner consistent with the coequal goals. For the purpose of carrying out this subdivision, the commission may include in the proposal the relevant strategies described in the Strategic Plan.
(b)(1)The commission shall include in the proposal a plan to establish state and federal designation of the Delta as a place of special significance, which may include application for a federal designation of the Delta as a National Heritage Area.
(2)The commission shall include in the proposal a regional economic plan to support increased investment in agriculture, recreation, tourism, and other resilient land uses in the Delta. The regional economic plan shall include detailed plans for the administration of the Delta Investment Fund created by Section 29778.5 of the Public Resources Code.
(c)For the purposes of assisting the commission in its preparation of the proposal, both of the following actions shall be undertaken:
(1)The Department of Parks and Recreation shall prepare a proposal, for submission to the commission, to expand within the Delta the network of state recreation areas, combining existing and newly designated areas. The proposal may incorporate appropriate aspects of any existing plans, including the Central Valley Vision Implementation Plan adopted by the Department of Parks and Recreation.
(2)The Department of Food and Agriculture shall prepare a proposal, for submission to the commission, to establish market incentives and infrastructure to protect and enhance the economic and public values of Delta agriculture.
(d)The commission shall not incorporate the proposal developed pursuant to subdivision (a) into the Delta Plan unless the commission determines that the proposal is feasible and consistent with the objectives of the Delta Plan and the purposes of this division.
(e)This section shall become operative on July 1, 2020.
SEC. 27.SEC. 23.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.
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.
(c)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
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, for adoption in the Delta Plan, methods of preserving the Delta as an evolving place.
(b)There is a need for the five Delta counties to establish and implement a resources management plan for the Delta and for the commission, in adopting the Delta Plan, to consider the resources management plan and to identify and adopt strategies to avoid, reduce, or mitigate impacts to the cultural, recreational, and agricultural values of the Delta and strategies for the continued socioeconomic sustainability of the Delta region.
(c)This section shall become operative on July 1, 2020.
SEC. 3.Section 29722.5 of the Public Resources Code is amended to read:29722.5.(a)Delta Plan means the plan adopted by the Delta Stewardship Council pursuant to Section 85300 of the Water Code.
(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 4.Section 29722.5 is added to the Public Resources Code, to read:29722.5.(a)Delta Plan means the plan adopted pursuant to Section 85300 of the Water Code.
(b)This section shall become operative on July 1, 2020.
SEC. 5.Section 29739 of the Public Resources Code is amended to read:29739.(a)The commission, during the first meeting of the commission after January 1, 2010, shall elect from among the members identified 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 identified in subdivision (a) of Section 29735.
(c)The chairperson shall serve as a voting member of the Delta Stewardship Council.
(d)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 6.Section 29739 is added to the Public Resources Code, to read:29739.(a)The commission, during the first meeting of the commission after January 1, 2010, shall elect from among the members identified 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 identified in subdivision (a) of Section 29735.
(c)This section shall become operative on July 1, 2020.
SEC. 7.Section 29759 of the Public Resources Code is amended to read:29759.(a)Not later than July 1, 2011, the commission shall prepare and adopt, by a majority vote of the membership of the commission, an economic sustainability plan. The economic sustainability plan shall include information and recommendations that inform the Delta Stewardship Councils policies regarding the socioeconomic sustainability of the Delta region.
(b)The economic sustainability plan shall include, but not be limited to, all of the following:
(1)Public safety recommendations, such as flood protection recommendations.
(2)The economic goals, policies, and objectives in local general plans and other local economic efforts, including recommendations on continued socioeconomic 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)Identification of ways to encourage recreational investment along the key river corridors, as appropriate.
(c)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 8.Section 29759 is added to the Public Resources Code, to read:29759.(a)Not later than July 1, 2011, the commission shall prepare and adopt, by a majority vote of the membership of the commission, an economic sustainability plan. The economic sustainability plan shall be consistent with the Delta Plan and shall inform the commissions policies regarding the socioeconomic sustainability of the Delta region.
(b)The economic sustainability plan shall include, but not be limited to, all of the following:
(1)Public safety strategies, such as flood protection strategies.
(2)The economic goals, policies, and objectives in local general plans and other local economic efforts, including strategies for continued socioeconomic 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)Identification of ways to encourage recreational investment along the key river corridors, as appropriate.
(c)This section shall become operative on July 1, 2020.
SEC. 9.Section 29761.5 of the Public Resources Code is amended to read:29761.5.(a)The commission shall review, and, as determined to be necessary, amend the economic sustainability plan every five years on or before December 31 in years ending in six or one.
(b)The commission shall transmit copies of the economic sustainability plan and any subsequent amendments to the Governor, Legislature, each local government as defined in Section 29725, and Delta Stewardship Council within 60 days of adoption or amendment. Within 180 days of the commissions adoption or amendment of the economic sustainability plan, the Delta Stewardship Council shall review the economic sustainability plan for consistency with the Delta Plan.
(c)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 10.Section 29761.5 is added to the Public Resources Code, to read:29761.5.(a)The commission shall review, and, as determined to be necessary, amend the economic sustainability plan every five years on or before December 31 in years ending in six or one.
(b)The commission shall transmit copies of the economic sustainability plan and any subsequent amendments to the Governor, Legislature, and each local government as defined in Section 29725.
(c)This section shall become operative on July 1, 2020.
SEC. 11.Section 29773 of the Public Resources Code is amended 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 and comment authority granted to the commission shall include, but is not limited to, all of the following:
(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)Identification and recommendation of methods to address Delta community concerns regarding large-scale habitat plan development and implementation.
(b)The council shall take into consideration the recommendations of the commission, including the recommendations included in the economic sustainability plan. If the council, in its discretion, determines that a recommendation of the commission is feasible and consistent with the objectives of the Delta Plan and the purposes of this division, the council shall adopt the recommendation.
(c)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 12.Section 29773 is added to the Public Resources Code, to read:29773.(a)Subject to subdivision (b), the commission may, upon review of 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, in exercising its authority pursuant to Division 35 (commencing with Section 85000) of the Water Code, identify or evaluate, and adopt measures to address, issues that include, but are not limited to, all of the following:
(1)Impacts to the cultural, recreational, and agricultural values of the Delta. For purposes of this paragraph, measures to address those impacts shall include actions that may avoid, reduce, or mitigate the impacts.
(2)Whether the project or proposed project is consistent with the resources management plan.
(3)Delta community concerns regarding large-scale habitat plan development and implementation.
(b)The commission shall not adopt a measure pursuant to subdivision (a) unless the commission determines that the measure is feasible and consistent with the objectives of the Delta Plan and the purposes of this division.
(c)Nothing in this section shall be construed to limit the commissions authority to review or adopt measures to address any aspect of a project pursuant to any other provision of law.
(d)This section shall become operative on July 1, 2020.
SEC. 13.Section 85022 of the Water Code is amended to read:85022.(a)It is the intent of the Legislature that state and local land use actions identified as covered actions pursuant to Section 85057.5 be consistent with the Delta Plan. This sections findings, policies, and goals apply to Delta land use planning and development.
(b)The actions of the council shall be guided by the findings, policies, and goals expressed in this section when reviewing decisions of the commission pursuant to Division 19.5 (commencing with Section 29700) of the Public Resources Code.
(c)The Legislature finds and declares all of the following:
(1)The Delta is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced estuary and wetland ecosystem of hemispheric importance.
(2)The permanent protection of the Deltas natural and scenic resources is the paramount concern to present and future residents of the state and nation.
(3)To promote the public safety, health, and welfare, and to protect public and private property, wildlife, fisheries, and the natural environment, it is necessary to protect and enhance the ecosystem of the Delta and prevent its further deterioration and destruction.
(4)Existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to persons living and working in the Delta.
(d)The fundamental goals for managing land use in the Delta are to do all of the following:
(1)Protect, maintain, enhance, and, where feasible, restore the overall quality of the Delta environment and its natural and artificial resources.
(2)Ensure the utilization and conservation of Delta resources, taking into account the social and economic needs of the people of the state.
(3)Maximize public access to Delta resources and maximize public recreational opportunities in the Delta consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
(4)Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the Delta.
(5)Develop new or improved aquatic and terrestrial habitat and protect existing habitats to advance the goal of restoring and enhancing the Delta ecosystem.
(6)Improve water quality to protect human health and the environment consistent with achieving water quality objectives in the Delta.
(e)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 14.Section 85022 is added to the Water Code, to read:85022.(a)It is the intent of the Legislature that state and local land use actions identified as covered actions pursuant to Section 85057.5 be consistent with the Delta Plan. This sections findings, policies, and goals apply to Delta land use planning and development.
(b)The Legislature finds and declares all of the following:
(1)The Delta is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced estuary and wetland ecosystem of hemispheric importance.
(2)The permanent protection of the Deltas natural and scenic resources is the paramount concern to present and future residents of the state and nation.
(3)To promote the public safety, health, and welfare, and to protect public and private property, wildlife, fisheries, and the natural environment, it is necessary to protect and enhance the ecosystem of the Delta and prevent its further deterioration and destruction.
(4)Existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to persons living and working in the Delta.
(c)The fundamental goals for managing land use in the Delta are to do all of the following:
(1)Protect, maintain, enhance, and, where feasible, restore the overall quality of the Delta environment and its natural and artificial resources.
(2)Ensure the utilization and conservation of Delta resources, taking into account the social and economic needs of the people of the state.
(3)Maximize public access to Delta resources and maximize public recreational opportunities in the Delta consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
(4)Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the Delta.
(5)Develop new or improved aquatic and terrestrial habitat and protect existing habitats to advance the goal of restoring and enhancing the Delta ecosystem.
(6)Improve water quality to protect human health and the environment consistent with achieving water quality objectives in the Delta.
(d)This section shall become operative on July 1, 2020.
SEC. 15.Section 85055 of the Water Code is amended to read:85055.(a)Commission means the Delta Protection Commission established in Division 19.5 (commencing with Section 29700) of the Public Resources Code.
(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 16.Section 85055 is added to the Water Code, to read:85055.(a)Commission and council mean the Delta Protection Commission established in Division 19.5 (commencing with Section 29700) of the Public Resources Code.
(b)This section shall become operative on July 1, 2020.
SEC. 17.Section 85057 of the Water Code is amended to read:85057.(a)Council means the Delta Stewardship Council established in Section 85200.
(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SECTION 1.SEC. 18.Section 85061 is added to the Water Code, to read:85061.(a)Primary zone of the Delta means the primary zone as defined in Section 29728 of the Public Resources Code.
(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 2.SEC. 19.Section 85066.5 is added to the Water Code, to read:85066.5.(a)Secondary zone of the Delta means the secondary zone as defined in Section 29731 of the Public Resources Code.
(b)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 3.SEC. 20.Section 85200 of the Water Code, as added by Section 98 of Chapter 26 of the Statutes of 2017, is amended to read:85200.(a)The Delta Stewardship Council is hereby established as an independent agency of the state.
(b)The council shall consist of 11 voting members and two nonvoting members, as follows:
(1)The 11 voting members shall be as follows:
(A)Four members shall be appointed by the Governor and confirmed by the Senate.
(B)One member shall be appointed by the Senate Committee on Rules.
(C)One member shall be appointed by the Speaker of the Assembly.
(D)One member each shall be appointed by the municipal selection committees for the primary zone and the secondary zone of the Delta established in Section 85200.5.
(E)One member with expertise in Delta agricultural interests and one member with expertise in Delta small business interests, each with a primary residence in the Delta, shall be appointed by the Boards of Supervisors of the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo. The boards of supervisors of those counties shall organize a selection committee for the purposes of this subparagraph. Nothing in this section shall prevent the selection committee from appointing members who meet the criteria for appointment under another provision of this subdivision.
(F)One member shall be the Chairperson of the Delta Protection Commission.
(2)One Member of the Senate appointed by the Senate Committee on Rules and one Member of the Assembly appointed by the Speaker of the Assembly, both of whom represent areas within the primary zone of the Delta, shall be ex officio members without vote and shall participate in the activities of the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this division, these Members of the Legislature shall constitute a joint interim investigating committee on the subject of this division, and, as that committee, shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and Assembly.
(c)(1)Except as provided in paragraph (2), initial appointments to the council shall be made by July 1, 2010.
(2)(A)Initial appointments of the members appointed by municipal selection committees shall be made by March 1, 2019.
(B)Initial appointments of the ex officio members described in paragraph (2) of subdivision (b) shall be made by March 1, 2019.
(d)(1)(A)The initial terms of two of the four members appointed by the Governor shall be four years.
(B)The initial terms of two of the four members appointed by the Governor shall be six years.
(C)The initial terms of the members appointed by the Senate Committee on Rules and the Speaker of the Assembly shall be four years.
(D)The initial terms of the members appointed by the municipal selection committees for the primary zone or the secondary zone of the Delta shall be four years.
(E)Upon the expiration of each term described in subparagraph (A), (B), (C), or (D), the term of each succeeding member shall be four years.
(2)The Chairperson of the Delta Protection Commission shall serve as a member of the council for the period during which he or she holds the position as commission chairperson.
(e)Any vacancy shall be filled by the appointing authority within 60 days. If the term of a council member expires, and no successor is appointed within the allotted timeframe, the existing member may serve up to 180 days beyond the expiration of his or her term.
(f)The council members shall select a chairperson from among the members, who shall serve for not more than four years in that capacity.
(g)The council shall meet once a month in a public forum. At least two meetings each year shall take place at a location within the Delta.
(h)This section becomes operative on January 1, 2019.SEC. 21.Chapter 1 (commencing with Section 85200) of Part 3 of Division 35 of the Water Code, as added by Section 39 of Chapter 5 of the Seventh Extraordinary Session of the Statutes of 2009, as of July 1, 2020, is repealed.SEC. 22.Chapter 1 (commencing with Section 85200) is added to Part 3 of Division 35 of the Water Code, to read:1.Authority of Delta Protection Commission85200.(a)The commission succeeds to and is vested with the duties, powers, purposes, responsibilities, and jurisdiction vested in the Delta Stewardship Council pursuant to this division, as this division read on June 30, 2020.
(b)Any reference in any code to the Delta Stewardship Council or to the executive officer of that council shall be deemed a reference to the commission or to the chairperson of the commission, respectively.
85201.This chapter shall become operative on July 1, 2020.
SEC. 4.SEC. 23.Section 85200.5 is added to the Water Code, to read:85200.5.(a)For the purposes of this section, the term unincorporated town means the following:
(1)In the primary zone of the Delta, the communities of Clarksburg, Courtland, Hood, Knightsen, Locke, Ryde, Terminous, and Walnut Grove.
(2)In the secondary zone of the Delta, the communities of Bay Point, Bethel Island, Birds Landing, Byron, Collinsville, Discovery Bay, and Freeport.
(b)Municipal selection committees are hereby established for the primary zone and the secondary zone of the Delta to appoint members to the council.
(c)The municipal selection committees for the primary zone and the secondary zone of the Delta shall consist of the following members or their designees:
(1)The mayor or an elected member of the city council of each city in the applicable zone, selected by a majority of that city council.
(2)For each unincorporated town in the applicable zone, one of the following:
(A)A member of the municipal advisory council of the unincorporated town who is a resident of the town, selected by a majority vote of the total membership of that municipal advisory council.
(B)If no person is available for appointment under subparagraph (A), a resident of the unincorporated town, selected by majority vote of the total membership of the board of supervisors of the applicable county.
(d)(1)Representatives of cities may only be nominated for membership in the council from among the mayors or elected city council members of those cities.
(2)Representatives of unincorporated towns may only be nominated for membership in the council from among the members of the municipal selection committee.
(e)A majority of the total membership of the municipal selection committee shall constitute a quorum for the transaction of business.
(f)A majority vote of the total membership of a municipal selection committee is required for the municipal selection committee to take action. Each member of the municipal selection committee shall have one vote.
(g)This section is repealed on July 1, 2020.
SEC. 24.Section 85300.5 is added to the Water Code, to read:85300.5.(a)The commission shall establish and oversee a committee of agencies responsible for implementing the Delta Plan. Each agency shall coordinate its actions pursuant to the Delta Plan with the commission and the other relevant agencies.
(b)This section shall become operative on July 1, 2020.
SEC. 25.Section 85301 of the Water Code is amended to read:85301.(a)The commission shall develop, for consideration and incorporation into the Delta Plan by the council, a proposal to protect, enhance, and sustain the unique cultural, historical, recreational, agricultural, and economic values of the Delta as an evolving place, in a manner consistent with the coequal goals. For the purpose of carrying out this subdivision, the commission may include in the proposal the relevant strategies described in the Strategic Plan.
(b)(1)The commission shall include in the proposal a plan to establish state and federal designation of the Delta as a place of special significance, which may include application for a federal designation of the Delta as a National Heritage Area.
(2)The commission shall include in the proposal a regional economic plan to support increased investment in agriculture, recreation, tourism, and other resilient land uses in the Delta. The regional economic plan shall include detailed recommendations for the administration of the Delta Investment Fund created by Section 29778.5 of the Public Resources Code.
(c)For the purposes of assisting the commission in its preparation of the proposal, both of the following actions shall be undertaken:
(1)The Department of Parks and Recreation shall prepare a proposal, for submission to the commission, to expand within the Delta the network of state recreation areas, combining existing and newly designated areas. The proposal may incorporate appropriate aspects of any existing plans, including the Central Valley Vision Implementation Plan adopted by the Department of Parks and Recreation.
(2)The Department of Food and Agriculture shall prepare a proposal, for submission to the commission, to establish market incentives and infrastructure to protect and enhance the economic and public values of Delta agriculture.
(d)The commission shall submit the proposal developed pursuant to subdivision (a) to the council. The council shall consider the proposal and may include any portion of the proposal in the Delta Plan if the council, in its discretion, determines that the portion of the proposal is feasible and consistent with the objectives of the Delta Plan and the purposes of this division.
(e)This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.
SEC. 26.Section 85301 is added to the Water Code, to read:85301.(a)Subject to subdivision (d), the commission shall develop and incorporate into the Delta Plan a proposal to protect, enhance, and sustain the unique cultural, historical, recreational, agricultural, and economic values of the Delta as an evolving place, in a manner consistent with the coequal goals. For the purpose of carrying out this subdivision, the commission may include in the proposal the relevant strategies described in the Strategic Plan.
(b)(1)The commission shall include in the proposal a plan to establish state and federal designation of the Delta as a place of special significance, which may include application for a federal designation of the Delta as a National Heritage Area.
(2)The commission shall include in the proposal a regional economic plan to support increased investment in agriculture, recreation, tourism, and other resilient land uses in the Delta. The regional economic plan shall include detailed plans for the administration of the Delta Investment Fund created by Section 29778.5 of the Public Resources Code.
(c)For the purposes of assisting the commission in its preparation of the proposal, both of the following actions shall be undertaken:
(1)The Department of Parks and Recreation shall prepare a proposal, for submission to the commission, to expand within the Delta the network of state recreation areas, combining existing and newly designated areas. The proposal may incorporate appropriate aspects of any existing plans, including the Central Valley Vision Implementation Plan adopted by the Department of Parks and Recreation.
(2)The Department of Food and Agriculture shall prepare a proposal, for submission to the commission, to establish market incentives and infrastructure to protect and enhance the economic and public values of Delta agriculture.
(d)The commission shall not incorporate the proposal developed pursuant to subdivision (a) into the Delta Plan unless the commission determines that the proposal is feasible and consistent with the objectives of the Delta Plan and the purposes of this division.
(e)This section shall become operative on July 1, 2020.
SEC. 5.SEC. 27.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.
Primary zone of the Delta means the primary zone as defined in Section 29728 of the Public Resources Code.
SEC. 2.Section 85066.5 is added to the Water Code, to read:85066.5.Secondary zone of the Delta means the secondary zone as defined in Section 29731 of the Public Resources Code.
SEC. 3.Section 85200 of the Water Code, as added by Section 98 of Chapter 26 of the Statutes of 2017, is amended to read:85200.(a)The Delta Stewardship Council is hereby established as an independent agency of the state.
(b)The council shall consist of seven voting members, of which four 11 voting members and two nonvoting members, as follows:
(1)The 11 voting members shall be as follows:
(A)Four members shall be appointed by the Governor and confirmed by the Senate, one Senate.
(B)One member shall be appointed by the Senate Committee on Rules, one Rules.
(C)One member shall be appointed by the Speaker of the Assembly, and one Assembly.
(D)One member each shall be appointed by the municipal selection committees for the primary zone and the secondary zone of the Delta established in Section 85200.5.
(E)One member with expertise in Delta agricultural interests and one member with expertise in Delta small business interests, each with a primary residence in the Delta, shall be appointed by the Boards of Supervisors of the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo. The boards of supervisors of those counties shall organize a selection committee for the purposes of this subparagraph. Nothing in this section shall prevent the selection committee from appointing members who meet the criteria for appointment under another provision of this subdivision.
(F)One member shall be the Chairperson of the Delta Protection Commission. Initial Commission.
(2)One Member of the Senate appointed by the Senate Committee on Rules and one Member of the Assembly appointed by the Speaker of the Assembly, both of whom represent areas within the primary zone of the Delta, shall be ex officio members without vote and shall participate in the activities of the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For purposes of this division, these Members of the Legislature shall constitute a joint interim investigating committee on the subject of this division, and, as that committee, shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and Assembly.
(c)(1)Except as provided in paragraph (2), initial appointments to the council shall be made by July 1, 2010.
(2)(A)Initial appointments of the members appointed by municipal selection committees shall be made by March 1, 2019.
(B)Initial appointments of the ex officio members described in paragraph (2) of subdivision (b) shall be made by March 1, 2019.
(c)(d)(1)(A)The initial terms of two of the four members appointed by the Governor shall be four years.
(B)The initial terms of two of the four members appointed by the Governor shall be six years.
(C)The initial terms of the members appointed by the Senate Committee on Rules and the Speaker of the Assembly shall be four years.
(D)The initial terms of the members appointed by the municipal selection committees for the primary zone or the secondary zone of the Delta shall be four years.
(D)(E)Upon the expiration of each term described in subparagraph (A), (B), or (C), (C), or (D), the term of each succeeding member shall be four years.
(2)The Chairperson of the Delta Protection Commission shall serve as a member of the council for the period during which he or she holds the position as commission chairperson.
(d)(e)Any vacancy shall be filled by the appointing authority within 60 days. If the term of a council member expires, and no successor is appointed within the allotted timeframe, the existing member may serve up to 180 days beyond the expiration of his or her term.
(e)(f)The council members shall select a chairperson from among the members, who shall serve for not more than four years in that capacity.
(f)(g)The council shall meet once a month in a public forum. At least two meetings each year shall take place at a location within the Delta.
(g)(h)This section becomes operative on January 1, 2019.
SEC. 4.Section 85200.5 is added to the Water Code, to read:85200.5.(a)For the purposes of this section, the term unincorporated town means the following:
(1)In the primary zone of the Delta, the communities of Clarksburg, Courtland, Hood, Knightsen, Locke, Ryde, Terminous, and Walnut Grove.
(2)In the secondary zone of the Delta, the communities of Bay Point, Bethel Island, Birds Landing, Byron, Collinsville, Discovery Bay, and Freeport.
(b)Municipal selection committees are hereby established for the primary zone and the secondary zone of the Delta to appoint members to the council.
(c)The municipal selection committees for the primary zone and the secondary zone of the Delta shall consist of the following members or their designees:
(1)The mayor or an elected member of the city council of each city in the applicable zone, selected by a majority of that city council.
(2)For each unincorporated town in the applicable zone, one of the following:
(A)A member of the municipal advisory council of the unincorporated town who is a resident of the town, selected by a majority vote of the total membership of that municipal advisory council.
(B)If no person is available for appointment under subparagraph (A), a resident of the unincorporated town, selected by majority vote of the total membership of the board of supervisors of the applicable county.
(d)(1)Representatives of cities may only be nominated for membership in the council from among the mayors or elected city council members of those cities.
(2)Representatives of unincorporated towns may only be nominated for membership in the council from among the members of the municipal selection committee.
(e)A majority of the total membership of the municipal selection committee shall constitute a quorum for the transaction of business.
(f)A majority vote of the total membership of a municipal selection committee is required for the municipal selection committee to take action. Each member of the municipal selection committee shall have one vote.
SEC. 5.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.
|
Date
|
Status
|
|---|---|
| Apr 24, 2018 | In committee: Set, first hearing. Failed passage. |
| Apr 4, 2018 | Re-referred to Com. on W.,P., & W. |
| Mar 15, 2018 | In committee: Hearing postponed by committee. |
| Apr 3, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P., & W. Read second time and amended. |
| Mar 15, 2018 | Re-referred to Com. on W.,P., & W. |
| Mar 14, 2018 | From committee chair, with author's amendments: Amend, and re-refer to Com. on W.,P., & W. Read second time and amended. |
| Jan 29, 2018 | Referred to Com. on W.,P., & W. |
| Jan 17, 2018 | From printer. May be heard in committee February 16. |
| Jan 16, 2018 | Read first time. To print. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Apr 24, 2018 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Water, Parks, and Wildlife |
Failed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Aaron Read & Associates | * Against | Apr 24, 2018 |
| Alameda County Water District | * Against | Apr 24, 2018 |
| Antelope Valley East Kern Water Agency | ** Against | Apr 20, 2018 |
| Arnold & Associates | ** Indeterminate | Apr 24, 2018 |
| Burbank Water and Power | ** Against | Apr 20, 2018 |
| California Advocates | * Against | Apr 24, 2018 |
| California Building Industry Association | ** Against | Apr 20, 2018 |
| California Chamber Of Commerce | * Against | Apr 24, 2018 |
| California Delta Chambers and Visitor's Bureau | * Support | Apr 24, 2018 |
| California Water Impact Network | * Support | Apr 24, 2018 |
| Calleguas Municipal Water District | ** Against | Apr 20, 2018 |
| Central Coast Water Authority | ** Against | Apr 20, 2018 |
| City Of Beverly Hills | ** Against | Apr 20, 2018 |
| City of Torrance | ** Against | Apr 20, 2018 |
| Coachella Valley Water District | * Against | Apr 24, 2018 |
| Contra Costa County | * Indeterminate | Apr 24, 2018 |
| Cucamonga Valley Water District | * Against | Apr 24, 2018 |
| Delta Counties Coalition | ** Support | Apr 20, 2018 |
| Desert Water Agency | * Against | Apr 24, 2018 |
| Dudley Ridge Water District | ** Against | Apr 20, 2018 |
| East Orange County Water District | ** Against | Apr 20, 2018 |
| Eastern Municipal Water District | * Against | Apr 24, 2018 |
| Elsinore Valley Municipal Water District | ** Against | Apr 20, 2018 |
| Foothill Municipal Water District | ** Against | Apr 20, 2018 |
| Inland Empire Utilities Agency | * Against | Apr 24, 2018 |
| Irvine Ranch Water District | * Against | Apr 24, 2018 |
| Jurupa Community Services District | ** Against | Apr 20, 2018 |
| Kern County Water Agency | * Against | Apr 24, 2018 |
| Kp Public Affairs | * Indeterminate | Apr 24, 2018 |
| Las Virgenes Municipal Water District | ** Against | Apr 20, 2018 |
| Local Agencies of the North Delta (LAND) | * Support | Apr 24, 2018 |
| Long Beach Water Department | ** Against | Apr 20, 2018 |
| Mesa Water District | * Against | Apr 24, 2018 |
| Metropolitan Water District Of Southern California | * Against | Apr 24, 2018 |
| Metropolitan Water District Of Southern California | * Support | Apr 24, 2018 |
| Mojave Water Agency | * Indeterminate | Apr 24, 2018 |
| Municipal Water District Of Orange County | * Against | Apr 24, 2018 |
| North Delta CARES | * Support | Apr 24, 2018 |
| Orange County Business Council | ** Against | Apr 20, 2018 |
| Rancho California Water District | ** Against | Apr 20, 2018 |
| Reeb Government Relations | * Against | Apr 24, 2018 |
| Restore the Delta | * Indeterminate | Apr 24, 2018 |
| Roland Water District | * Against | Apr 24, 2018 |
| Ron Davis Advocacy | * Against | Apr 24, 2018 |
| Rowland Water District | ** Against | Apr 20, 2018 |
| Sacramento County | * Indeterminate | Apr 24, 2018 |
| Sacramento County Board of Supervisors | * Support | Apr 24, 2018 |
| San Bernardino Valley Municipal Water District | * Against | Apr 24, 2018 |
| San Gabriel Valley Municipal Water District | ** Against | Apr 20, 2018 |
| San Gorgonio Pass Water Agency | ** Against | Apr 20, 2018 |
| San Joaquin County | * Indeterminate | Apr 24, 2018 |
| Santa Clara Valley Water District | * Against | Apr 24, 2018 |
| Santa Clarita Valley Water Agency | ** Against | Apr 20, 2018 |
| Sierra Club California | * Support | Apr 24, 2018 |
| Solano County | * Indeterminate | Apr 24, 2018 |
| South Delta | * Support | Apr 24, 2018 |
| Southern California Water Coalition | ** Against | Apr 20, 2018 |
| State Water Contractors, Inc. | ** Against | Apr 20, 2018 |
| Three Valleys Municipal Water District | * Indeterminate | Apr 24, 2018 |
| Tulare Lake Basin Water Storage District | ** Against | Apr 20, 2018 |
| Upper San Gabriel Valley Municipal Water District | * Against | Apr 24, 2018 |
| Valley Ag Water Coalition | * Against | Apr 24, 2018 |
| Walnut Valley Water District | ** Against | Apr 20, 2018 |
| Western Municipal Water District | ** Against | Apr 20, 2018 |
| Westlands Water District | * Indeterminate | Apr 24, 2018 |
| Yolo County | * Indeterminate | Apr 24, 2018 |
Date of Hearing: April 24, 2018
ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE
Eduardo Garcia, Chair
ABPCA Bill Id:AB 1876 (
Author:Frazier) – As Amended Ver:April 3, 2018
SUBJECT: Sacramento-San Joaquin Delta: Delta Plan: administration
SUMMARY: Dissolves the Delta Stewardship Council as of July 1, 2020, and transfers its duties, powers, purposes, responsibilities, and jurisdiction to the Delta Protection Commission (Commission) as of June 30, 2020. Specifically, this bill:
- Provides the Commission with the ability to identify and adopt measures to address issues with a significant project or proposed project, as specified. Requires that measures adopted by the Commission must be feasible and consistent with the objectives of the Delta Plan.
- Makes numerous conforming changes to shift the duties, powers, purposes, responsibilities, and jurisdiction from the Delta Stewardship Council to the Delta Protection Commission.
EXISTING LAW:
- Establishes the 7 member Delta Stewardship Council to provide governance for the Sacramento-San Joaquin Delta (Delta) and, among other tasks, develop and implement the Delta Plan—an enforceable long-term management plan that furthers the coequal goals of a more reliable water supply for California and protect, restore and enhance the Delta ecosystem. Requires the Delta Plan be revised at least once every 5 years. One of the members is required to be the chair of the Delta Protection Commission.
- Requires Delta Stewardship Council members to possess diverse expertise and reflect a statewide perspective.
- Specifies that a majority vote of the voting membership of the Delta Stewardship Council shall be required to take action with respect to any matter unless otherwise specified.
- Establishes the Delta Protection Commission to be a 15 member body that is comprised of 11 members that have direct ties to the counties, cities, and reclamation districts in the Delta.
- Finds and declares both of the following:
- The Delta Protection Commission 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.
- 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.
- Requires the Delta Protection Commission to develop for consideration and incorporation into the Delta Plan by the Delta Stewardship Council, a proposal to protect, enhance, and sustain the unique cultural, historical, recreational, agricultural, and economic values of the Delta.
FISCAL EFFECT: Unknown.
COMMENTS: This bill dissolves the Delta Stewardship Council as of July 1, 2020, and transfers its duties, powers, purposes, responsibilities, and jurisdiction to the Delta Protection Commission (Commission) as of June 30, 2020.
Author’s Statement:
The Delta Stewardship Council (DSC) is mandated as the responsible agency for developing key guiding documents for the health, maintenance, and improvement of the Delta as a key part of statewide water infrastructure.
However, there’s been much concern that the decision making by the DSC is focused too broadly on statewide approaches while glossing over key regional concerns, expertise, and public interest that ensure the Delta’s protection. Local leaders and residents have been vocal that key documents, like the Delta Plan, are crafted to prioritize projects that do not promote regional reliance and run contrary to the Delta Reform Act of 2009.
By transferring responsibilities of the DSC to the Delta Protection Commission on July 1, 2020, this bill will ensure Delta needs are met while working with statewide stakeholders to provide certainty of greater water security for all Californians. Additionally, including the Delta counties was a key part of the Governor’s Blue Ribbon Commission in 2007 in crafting policies and guiding documents. Unfortunately, that was not fulfilled as recommended. This bill would effectively provide the Delta counties the voice they never received.
Background: Delta. The Delta is both the hub of the California water system and one of the most valuable estuary and wetland ecosystems on the west coast of the Americas. The Delta provides water to more than 25 million Californians and three million acres of agricultural land. It supports a four hundred billion dollar a year economy, is part of the Pacific Flyway, is critical habitat to 700 native plant and animal species, and is home to more than 500,000 people.
The Delta watershed and California’s water infrastructure are in crisis and existing pressures on the Delta are not sustainable. Among other human impacts, the Central Valley Project, the State Water Project, and other public water system operations have altered the natural amount, duration, direction and timing of water flows. As a result, today, there are about 100 Delta wildlife species, 140 plant species and 13 species of fish that have some form of legal or regulatory protection. There have been numerous species-related restrictions on the management of water exports from the Delta since 1991, with restrictions being in place continuously since 2008. Under current restrictions, in a typical year. most water exported from the Delta occurs in the summer and fall.
Delta Stewardship Council. SB 1 x7 (Simitian), Chapter 5, Statutes of the 7th Extraordinary Session of 2009-2010, significantly changed management of the Delta. Among other things, the legislation established the Delta Stewardship Council as a governance body for the Delta. Part of the Council’s responsibility is to develop and regularly update a Delta Plan, an enforceable long-term management plan that furthers the coequal goals of a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The legislation also defined coequal goals to mean the two goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The coequal goals were required to be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place.
The Delta has statewide significance and SB 1 x7 required that Delta Stewardship Council members possess diverse expertise and reflect a statewide perspective. The legislation considered that Delta management would have direct impacts on the Delta communities. The legislation restructured the Delta Protection Commission to be a more locally-representative body and placed the chair of the Delta Protection Commission on the Delta Stewardship Council. Additionally, the legislation found and declared that the Delta Protection Commission provided an existing forum for Delta residents to engage in decisions regarding actions in the Delta. The legislation identified the Delta Protection Commission as the appropriate agency to provide recommendations to the Delta Stewardship Council on preserving the Delta.
In developing the Delta Plan, the Delta Stewardship Council is required to consider a proposal from the Delta Protection Commission to protect, enhance, and sustain the unique cultural, historical, recreational, agricultural, and economic values of the Delta as a place, in a manner consistent with the coequal goals.
Delta Protection Commission. The Delta Protection Commission was created in 1992 as a 15 member body with the mission to protect, maintain, enhance and enrich the overall quality of the Delta environment and economy. The 1992 legislation defined the primary and secondary zones of the Delta, and required the completion of a Land Use and Resource Management Plan for the Primary Zone of the Delta. The Land Use and Resource Management Plan guides land use in the Primary Zone of the Delta.
The 15 members of the Delta Protection Commission include: One member of the Board of Supervisors of each of the five counties within the Delta (Contra Costa, Sacramento, San Joaquin, Solano, and Yolo), whose supervisorial district is within the Primary Zone; an elected city council member representing the County of San Joaquin; an elected city council member representing the Counties of Contra Costa and Solano (on a rotating basis); an elected city council member from the regional and area councils of government representing the Counties of Sacramento and Yolo; landowners from the north, south, and central Delta reclamation districts.
As noted above, the chair of the Delta Protection Commission is a member of the Delta Stewardship Council. The Delta Plan states “the membership of the Delta Protection Commission chair on the Delta Stewardship Council assure that the Delta communities will have a voice concerning actions’ effects on existing and planned uses of the Delta.”
Delta Stewardship Council Voting Record. According to the meeting summaries on the Delta Stewardship Council website, over approximately the last three years, there have been approximately 50 action items voted on by the Council. Of those actions the vote has been unanimous with the exception of 2 instances in which the Delta Protection Commission member voted against the action.
One of the Governor’s appointments is former Senator and Assemblymember Patrick Johnston of Stockton. Councilmember Johnston is the author of the legislation that created the Delta Protection Commission.
Prior and Related Legislation:
SB 1 x 7 (Simitian), Chapter 5, Statutes of the 7th Extraordinary Session of 2009-2010, established the Sacramento-San Joaquin Delta Reform Act requiring Delta management to meet the coequal goals. Established the Delta Stewardship Council as a governance body for the Delta.
SB 1866 (Johnston), Chapter 898, Statutes of 1992, established the Delta Protection Commission.
AB 2000 (Huber), 2012, among other things, would have changed the membership of the Delta Stewardship Council such that two of the Governor’s appointees would be replaced by the vice chair of the Delta Protection Commission and one other Delta Protection Commission member. AB 2000 failed passage in Assembly Water, Parks, and Wildlife.
AB 792 (Frazier), 2017, would have changed the composition of the Delta Stewardship Council. It was pulled from hearing in Assembly Water, Parks, and Wildlife at the request of the author.
Supporting Arguments: The Delta is home to many Californians who deserve fair and strong representation on any elected or appointed body tasked with making decisions or recommendations on policies which will directly affect the lives, homes, property and culture of the Delta. This bill makes changes that will provide a stronger voice for Delta residents.
Opposition Arguments: Opponents view this bill as a hostile takeover of the Delta Stewardship Council (Council) establish in 2009 and an attempt to frustrate finding fair and balanced solution in the Delta going forward. This bill seeks to undo a statewide approach to Delta policy by putting one region’s agenda above all others. The 2009 legislation apportioned the appointments to the Council among the Delta Protection Commission, the California Senate, the California Assembly, and the Governor to reflect the importance of all these bodies in shaping Delta polices. The bill would instead delegate all of the Council’s important powers to the Delta Protection Commission. Comprehensive and balanced Delta planning and oversight cannot be accomplished by one region seeking to eliminate the voices of all others.
Committee Amendments: The committee suggests a sunset of the Delta Stewardship Council of January 1, 2029, and a revision of the Delta plan be completed prior to the sunset by July 1, 2028.
REGISTERED SUPPORT / OPPOSITION:
Support
Delta Counties Coalition
Opposition
Alameda County Water District
Antelope Valley East Kern Water Agency
Burbank Water and Power
California Building Industry Association
California Chamber of Commerce
Calleguas Municipal Water District
Central Coast Water Authority
City of Beverly Hills
City of Torrance
Coachella Valley Water District
Cucamonga Valley Water District
Desert Water Agency
Dudley Ridge Water District
East Orange County Water District
Eastern Municipal Water District
Elsinore Valley Municipal Water District
Foothill Municipal Water District
Inland Empire Utilities Agency
Irvine Ranch Water District
Jurupa Community Services District
Kern County Water Agency
Las Virgenes Municipal Water District
Long Beach Water Department
Mesa Water District
Metropolitan Water District of Southern California
Mojave Water Agency
Municipal Water District of Orange County
Orange County Business Council
Rancho California Water District
Rowland Water District
San Bernardino Valley Municipal Water District
San Gabriel Valley Municipal Water District
San Gorgonio Pass Water Agency
Santa Clarita Valley Water Agency
Southern California Water Coalition
State Water Contractors, Inc.
Three Valleys Municipal Water District
Tulare Lake Basin Water Storage District
Upper San Gabriel Valley Municipal Water District
Valley Ag Water Coalition
Walnut Valley Water District
Western Municipal Water District
Westlands Water District
Analysis Prepared by: Ryan Ojakian / W., P., & W. / (916) 319-2096
Discussed in Hearing
28MIN
Assembly Standing Committee on Water, Parks, and Wildlife
Bill Author
Bill Co-Author(s):