California Assembly Bill AB642 Latest Draft

 BILL NUMBER: AB 642AMENDED BILL TEXT AMENDED IN ASSEMBLY APRIL 13, 2009 INTRODUCED BY Assembly Member Huber FEBRUARY 25, 2009  An act relating to the Sacramento-San Joaquin Delta.   An act to add Division 22.3 (commencing with Section 32300) to the Public Resources Code, relating to conservancies.  LEGISLATIVE COUNSEL'S DIGEST AB 642, as amended, Huber.  Sacramento-San Joaquin Delta.   Conservancies: Sacramento-San Joaquin Delta Conservancy   .   Existing law establishes various conservancies to acquire, manage, direct the management of, and conserve public lands in the state.   This bill would establish the Sacramento-San Joaquin Delta Conservancy to undertake various activities related to the Delta, as defined, and Suisun Marsh, including measures identified in the Delta sustainability program that are intended to restore and manage habitat in the Delta and Suisun Marsh. The bill would prescribe the management, powers, and duties of the conservancy.   The bill would provide that expenses of the conservancy may be paid from funds appropriated by the Legislature or from gifts, donations, bequests, or other public and private sources.   Under existing law, various state agencies administer programs relating to water supply, water quality, and flood management in the Sacramento-San Joaquin Delta.   This bill would declare legislative intent to enact legislation to establish a board with specified representatives to review local governmental decisions that impact the Delta.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Division 22.3 (commencing with Section 32300) is added to the   Public Resources Code   , to read:   DIVISION 22.3. Sacramento-San Joaquin Delta Conservancy CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS 32300. This division shall be known, and may be cited, as the Sacramento-San Joaquin Delta Conservancy Act. 32301. The Legislature finds and declares all of the following: (a) The Sacramento-San Joaquin Delta (Delta) is a unique and valued area, warranting recognition and special legal status from the State of California. (b) The Delta is a place of natural beauty, with historic towns, exceptionally productive farming, and close-knit communities. (c) The Delta is an integral part of the largest estuary on the West Coast of the Americas, connecting rivers originating in the Sierra Nevada to the Pacific Ocean. (d) The Delta is home to many thousands of residents who enrich the fabric of California life with varied and productive livelihoods and whose capacity for self governance has met with success. (e) The Delta's agricultural endeavors achieve a level of production per acre unparalleled anywhere in the world. (f) These values should be preserved, protected, and enhanced. 32302. For the purposes of this division, the following terms have the following meanings: (a) "Board" means the governing board of the Sacramento-San Joaquin Delta Conservancy. (b) "Comprehensive Delta sustainability program" or "program" means a comprehensive Delta program intended to sustain the ecosystem of the Sacramento-San Joaquin Delta and Suisun Marsh and to preserve and enhance agriculture and the economic viability of the Delta. (c) "Conservancy" means the Sacramento-San Joaquin Delta Conservancy. (d) "Delta" means the Sacramento-San Joaquin Delta as defined in Section 12220 of the Water Code. (e) "Delta counties" means the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo. CHAPTER 2. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY 32310. There is in the Natural Resources Agency the Sacramento-San Joaquin Delta Conservancy, which is created as a state agency for the purposes of, and to carry out the authority given to it under, this division. 32312. (a) The conservancy shall be governed by a board, which shall consist of nine voting members as follows: (1) Five members, each of whom shall be a member of the board of supervisors of a Delta County: one each from Contra Costa, Sacramento, San Joaquin, Solano, and Yolo Counties chosen by the respective board of supervisors. An alternate shall be selected for each of these members by the board of supervisors of each Delta county and shall be a member of the respective board of supervisors. (2) Two public members, who reside in a Delta county, appointed by the Governor. (3) One public member, who resides in a Delta county, appointed by the Speaker of the Assembly. (4) One public member, who resides in a Delta county, appointed by the Senate Committee on Rules. (b) The board shall also include the following ex officio, nonvoting members: (1) The Director of Fish and Game, or his or her designee. (2) The chair person of the Delta Protection Commission, or his or her designee. (3) The Secretary of the Natural Resources Agency, or his or her designee. (c) The conservancy shall request nonvoting participation by appropriate federal and state agencies. (d) Each member, as described in paragraph (1) of subdivision (a), shall serve a three-year term. These members may be reappointed at the end of their term and any vacancy during a term of office may be filled by the appointing entity. (e) Each public member shall be appointed for a three-year term, except that one of the public members initially appointed by the Governor shall serve a one-year term, the public member initially appointed by the Speaker of the Assembly shall serve a two-year term, and the public member initially appointed by the Senate Committee on Rules shall serve a three-year term. Public members may be reappointed at the end of their term and any vacancy during a term of office may be filled by the appointing entity. (f) The public members shall be selected to reflect either the diversity of interests in the Delta or statewide interests as they relate to the authority and mission of the conservancy. Public members shall be compensated for attendance at regular meetings of the board at the rate of one hundred dollars ($100) per day and shall be reimbursed for actual reasonable and necessary expenses for attending meetings and carrying out the duties of their office. (g) The members shall elect annually from among them a chair person and vice chair person and other officers as necessary. (h) A majority of the voting members shall constitute a quorum for the transaction of the business of the board, and a majority vote of the members present at a meeting where a quorum exists shall be binding with respect to all matters acted on by the board. 32314. The board shall appoint an executive officer of the conservancy and employ other staff as necessary to execute the powers and functions provided for under this division. 32315. The conservancy may rent or own real property and equipment pursuant to applicable statutes and regulations. 32316. The conservancy may enter into contracts with private entities and public agencies to procure consulting and other services to achieve the purposes of this division. 32317. The board shall establish and coordinate the conservancy's activities with an advisory committee. CHAPTER 3. POWERS, DUTIES, AND LIMITATIONS 32320. (a) Except as provided in subdivision (b), the jurisdiction and activities of the conservancy are limited to the Delta and Suisun Marsh. (b) The conservancy may take or fund an action outside of the Delta and Suisun Marsh if that action is consistent with the goals established by the Legislature for the conservancy. 32322. The board shall report to the Legislature and Governor annually on the progress towards implementation of the measures identified in the comprehensive Delta sustainability program intended to restore and manage habitat in the Delta and Suisun Marsh as set forth by legislation. 32324. (a) The conservancy's expenses may be paid from the conservancy's operating budget, if one is provided for, and other funding sources available to the conservancy. (b) Up to 5 percent of any funds appropriated by the Legislature may be expended to pay the administrative costs of the conservancy. (c) Funds appropriated by the Legislature to the conservancy may be used for grants or direct expenditure. (d) The conservancy shall comply with all applicable provisions of law related to an appropriation of funds by the Legislature in administering those funds. 32326. The conservancy may accept gifts, donations, bequests, devises, subventions, grants, rents, royalties, and other funds from public and private sources.   SECTION 1.  It is the intent of the Legislature to enact legislation to establish a board that includes members who represent each of the five counties within a portion of the Sacramento-San Joaquin Delta for the purpose of reviewing local governmental decisions that impact the Delta.