California Senate Bill SB12 Amended / Bill

 BILL NUMBER: SB 12AMENDED BILL TEXT AMENDED IN SENATE MAY 5, 2009 AMENDED IN SENATE FEBRUARY 26, 2009 INTRODUCED BY Senator Simitian DECEMBER 1, 2008 An act to amend Section 29735 of, and to add Section 29740.1 to, the Public Resources Code, and to add Division 26.8 (commencing with Section 79850) to the Water Code, relating to the Sacramento-San Joaquin Delta. LEGISLATIVE COUNSEL'S DIGEST SB 12, as amended, Simitian. Sacramento-San Joaquin River Delta, Clean Drinking Water, Water Supply Security, and Environmental Improvement Act of 2009. (1) Existing law requires various state agencies to administer programs relating to water supply, water quality, and flood management in the Sacramento-San Joaquin Delta. The Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992 creates the Delta Protection Commission and requires the commission to prepare and adopt a comprehensive long-term resource management plan for specified lands within the Sacramento-San Joaquin Delta. This bill would enact the Sacramento-San Joaquin River Delta, Clean Drinking Water, Water Supply Security, and Environmental Improvement Act of 2009. The bill would establish the Delta Ecosystem and Water Council. The council would be required to prepare and adopt a plan referred to as the California Delta Ecosystem and Water Plan (plan) to advance the coequal goals of restoring the Delta ecosystem and creating a more reliable water supply in California. The council would be required to establish a goal for the adoption of the plan by December 1, 2010. If the plan is not completed by that date, the council would be required to adopt an interim strategic plan. The plan would be required to include specified components, including species protection requirements, Delta water flow and water quality requirements, and information relating to land use in the Delta. The council would have the exclusive authority to determine the consistency of any project proposed or approved by a state agency or local government with the plan, and would be required to assume responsibility for any conservation or habitat management plan developed for the Delta, ensure that federal and state actions are consistent with the plan, receive and allocate funds to advance policies and programs related to the Delta, establish policies and procedures that ensure that the operations of water export systems are consistent with the plan, and take other action on behalf of the Delta. By authorizing the council to impose requirements on projects undertaken by local governments, the bill would impose a state-mandated local program. The bill would authorize the council to impose a per-acre-foot fee on water diversions within the Delta watershed and a fee on any water conveyed through or around the Delta. The moneys generated by the imposition of the fee would be required to be deposited in the Delta Ecosystem and Water Fund, which would be established in the State Treasury. The moneys in the fund, upon appropriation by the Legislature to the council, would be required to be expended by the council for the exclusive purpose of carrying out the bill's provisions. The bill would establish the California Delta Conservancy to implement the ecosystem restoration elements of the plan. The bill would establish the Delta Science and Engineering Board to carry out a Delta science and engineering program under the direction of the council. The bill would revise the membership of the Delta Protection Commission to include one of the members of the Central Valley Flood Protection Board, or that member's sole designee. The bill would require the commission to extend invitations to specified federal agencies to participate in the activities of the commission in a nonvoting capacity. The bill would require the commission to revise its resource management plan to be consistent with the plan required to be adopted by the council. The bill would require  Delta counties, as defined, and the cities within those counties, to revise their general plans and submit the revised plans to the commission   each Delta county, as defined, and each city within a Delta county, to submit to the commission for review proposed amendments to make its general plan consistent with the commission's revised resource management   plan  . By imposing requirements on those counties and cities with regard to the preparation of their general plans, the bill would impose a state-mandated local program.  The bill would establish a permit process for projects, as defined, requiring the commission to review and determine whether any project proposed to be carried out or approved by a local government within the primary zone is consistent with both the commission's revised resource management plan and the plan, and requiring the commission, until a Delta county or a city within a Delta county in which a project is located has adopted general plan amendments to make the general plan consistent with the commission's revised   resource management plan, to review and determine whether any project proposed to be carried out or approved by a local government within the secondary zone is consistent with both the commission's revised resource management plan and the plan. The bill would make any person who undertakes a development project within the commission's jurisdiction without securing a permit from the commission guilty of a misdemeanor, thereby imposing a state-mandated local program by creating a new crime.  The  commission   council  would be  required   authorized  to review  and certify  the general plans of those counties and cities  , and to review development projects in the   primary and secondary zones  for consistency with  its resource management plan and  the plan adopted by the council.  (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.   This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.   (2) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.   With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.  Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 29735 of the Public Resources Code is amended to read: 29735. There is hereby created the Delta Protection Commission consisting of 24 members as follows: (a) One member of the board of supervisors, or his or her designee, of each of the five counties within the Delta whose supervisorial district is within the primary zone shall be appointed by the board of supervisors of the county. (b) (1) Three elected city council members shall be selected and appointed by city selection committees, from regional and area councils of government, one in each of the following areas: (A) One from the north Delta, consisting of the Counties of Yolo and Sacramento. (B) One from the south Delta, consisting of the County of San Joaquin. (C) One from the west Delta, consisting of the Counties of Contra Costa and Solano. (2) A city council member may select a designee for purposes of paragraph (1). (c) (1) One member each from the board of directors of five different reclamation districts that are located within the primary zone who are residents of the Delta, and who are elected by the trustees of reclamations districts within the following areas: (A) Two members from the area of the North Delta Water Agency as described in Section 9.1 of the North Delta Water Agency Act (Chapter 283 of the Statutes of 1973), provided at least one member is also a member of the Delta Citizens Municipal Advisory Council. (B) One member from the west Delta consisting of the area of Contra Costa County within the Delta. (C) One member from the area of the Central Delta Water Agency as described in Section 9.1 of the Central Delta Water Agency Act (Chapter 1133 of the Statutes of 1973). (D) One member from the area of the South Delta Water Agency as described in Section 9.1 of the South Delta Water Agency Act (Chapter 1089 of the Statutes of 1973). (2) Each reclamation district may nominate one director to be a member. The member from an area shall be selected from among the nominees by a majority vote of the reclamation districts in that area. The member may select a designee for this purpose. For purposes of this section, each reclamation district shall have one vote. The north Delta area shall conduct separate votes to select each of its two members. (d) The Director of Parks and Recreation, or the director's sole designee. (e) The Director of Fish and Game, or the director's sole designee. (f) The Secretary of Food and Agriculture, or the secretary's sole designee. (g) The executive officer of the State Lands Commission, or the executive officer's sole designee. (h) The Director of Boating and Waterways, or the director's sole designee. (i) The Director of Water Resources, or the director's sole designee. (j) The public member of the California Bay-Delta Authority who represents the Delta region or his or her designee. (k) (1) The Governor shall appoint three members and three alternates from the general public who are Delta residents or Delta landowners of the Delta, as follows: (A) One member and one alternate shall represent the interests of production agriculture with a background in promoting the agricultural viability of Delta farming. (B) One member and one alternate shall represent the interests of conservation of wildlife and habitat resources of the Delta region and ecosystem  fo   of  the Delta. (C) One member and one alternate shall represent the interests of outdoor recreational opportunities, including, but not limited to, hunting and fishing. (2) An alternate may serve in the absence of a member. (l) A member of the Central Valley Flood Protection Board, as designated by the board or that member's sole designee. SEC. 2. Section 29740.1 is added to the Public Resources Code, to read: 29740.1. The commission shall invite the United States Army Corps of Engineers, United States Fish and Wildlife Service, United States Bureau of Reclamation, and other appropriate federal agencies to participate in the activities of the commission in a nonvoting capacity to better assess and coordinate flood protection, water supply, and ecosystem protection issues. SEC. 3. Division 26.8 (commencing with Section 79850) is added to the Water Code, to read: DIVISION 26.8. SACRAMENTO-SAN JOAQUIN RIVER DELTA, CLEAN DRINKING WATER, WATER SUPPLY SECURITY, AND ENVIRONMENTAL IMPROVEMENT ACT OF 2009 CHAPTER 1. GENERAL PROVISIONS 79850. This division shall be known and may be cited as the Sacramento-San Joaquin River Delta, Clean Drinking Water, Water Supply Security, and Environmental Improvement Act of 2009. 79851. The Legislature finds and declares all of the following: (a) The Sacramento-San Joaquin River Delta is a web of channels, natural habitat, and reclaimed islands at the confluence of the Sacramento and San Joaquin Rivers. It forms the eastern portion of the wider San Francisco Bay Estuary, which also includes the San Francisco, San Pablo, and Suisun Bays. The Delta collects water from California's largest watershed, which encompasses roughly 45 percent of the state's surface area and stretches from the eastern slopes of the coastal ranges to the western slopes of the Sierra Nevada and Cascade mountain ranges. (b) The Delta supports a unique and irreplaceable combination of environmental and economic values, including all of the following: (1) The San Francisco Bay/Sacramento-San Joaquin Delta Estuary is a unique ecosystem. The Delta and the adjacent Suisun Marsh, an integral part of the Delta ecosystem, provide habitat for 700 species, including 12 species listed under either the federal or state endangered species laws. Eighty percent of the state's commercial fishery species live in or migrate through the Delta. It is a major stopping point for hundreds of thousands of migrating birds along the Pacific Flyway. The Suisun Marsh alone contains more than 10 percent of California's remaining wetlands. (2) Two-thirds of the state's residents rely on the Delta for part or all of their drinking water. One-sixth of all irrigated lands in the nation are located in this watershed and water exported from the Delta irrigates 45 percent of the fruits and vegetables produced in the United States. California's water supply is limited and demand will grow as the state's population increases. Despite polices to encourage more efficient water use, residential use measured in gallons per capita per day remains unchanged since the 1970s and agriculture uses the same volumes of water as in the 1970s though irrigated lands have shifted to orchards, vineyards, and other permanent crops. (3) Delta lands have contributed significantly to the agricultural economy in California. Supporting a population of about 470,000, the cities, towns, and settlements within the Delta are of significant historical, cultural, and economic value. (4) Three state highways, three rail lines, and two deepwater channels cross the Delta and the Delta serves two inland ports. Most of these transportation corridors serve other areas of the state. (5) Hundreds of gas lines, five high voltage lines, and critical water supply aqueducts that serve public health and safety needs cross the Delta, including multiple Delta islands. The Delta is also home to numerous underground natural gas storage sites. (6) The Delta's 635 miles of boating waterways are served by 138 marinas containing 11,700 in water boat slips and dry storage for 5,500 boats. In 2000, there were an estimated 6.4 million boating-related visitor days, with 2.13 million boating trips. Other major recreational activities in the Delta include fishing, waterfowl, and upland game bird hunting, wildlife viewing, bird watching, and windsurfing. (7) The Delta is the natural outlet for a 42,500 square mile watershed that includes the central valley and the western slope of the Sierra Nevada from Fresno to north of Mount Shasta. As such, it is the main conduit for flood waters to flow out to the ocean. The Delta itself is protected by extensive, but fragile, flood management facilities, including about 1,100 miles of levees in the Delta and about 230 miles of levees in the Suisun Marsh. These levees protect about 65 islands and tracts in the Delta. Most of these levee-protected lands are below sea level; some areas are as much as 25 feet below sea level. (c) The Delta cannot sustain important environmental and economic values under current conditions. All of these values either are already in significant decline or are at risk of sudden failure. Several factors are intensifying the problems, including all of the following: (1) Land subsidence, sea level rise, and changes in climate make Delta levees increasingly vulnerable to failure from earthquakes, floods, and other causes. Over the next 50 years, there is a two-thirds chance of a catastrophic levee failure in the Delta, leading to flooding of multiple islands and the intrusion of seawater. The Department of Water Resources estimates that a large earthquake near the Delta would cause major interruptions in water supplies for southern California, the San Joaquin Valley, and the San Francisco Bay area, as well as disruptions of power, road, and shipping lines, costing the state's economy as much as $40 billion. These failures also would create major environmental disruptions and local flooding risks. (2) Endangered species and fisheries have continued to decline in the Delta and disruptive nonnative species continue to invade. In the fall of 2004, routine fish surveys registered sharp declines in the numbers of several open-water (pelagic) species, including the Delta smelt, already listed as threatened under the federal and state endangered species laws. Subsequent surveys have confirmed the trend, raising concerns that the Delta smelt, which are sometimes seen as an indicator of ecosystem health in the Delta, risks extinction if a solution is not found quickly. In the winter of 2008, salmon populations reliant on the Delta declined precipitously, contributing to closure of the salmon fishery that year. (3) Delta water quality remains at risk from salts entering from the ocean and the central valley's agricultural drainage, as well as from pesticides and metals coming from agricultural and urban lands. Chronic toxicants continue to be a problem, and episodic toxic events from urban and agricultural applications are also a major problem. (4) Organic soils in the Delta contribute precursors for trihalomethanes, a known carcinogen. Removing trihalomethanes from drinking water is very costly. (5) Regional population and economic growth have increased pressure to urbanize Delta lands near major transportation routes and urban centers. This "hardening" of Delta lands simultaneously raises the costs of flood management and reduces the flexibility of land management options. Unlike most other activities in the Delta, urbanization is generally irreversible. Additionally, urbanization is self-accelerating. Urbanization in one location significantly increases the value of adjacent lands. This, coupled with declining profit margins for farming, will increase the pressure to convert farmlands to subdivisions. This shift will come at the expense of habitat protection and other services, such as water quality and water supply. (d) It is necessary to implement the recommendations of the Delta Vision Blue Ribbon Task Force to develop a durable vision for sustainable management of the Delta with the goal of managing the Delta over the long term to restore and maintain identified functions and values that are determined to be important to the environmental quality of the Delta and the economic and social well-being of the people of the state. (e) To achieve long-term environmental sustainability and protect California's economy, it is necessary to codify the coequal goals of restoring the Delta ecosystem and creating a more reliable water supply for California. To achieve the desired coequal goals, strong participation of local, state, and federal agencies is necessary to better integrate their responsibilities and capacities into an effective Delta plan. (f) The State of California must recognize and enhance the unique cultural, recreational, and agricultural values of the California Delta as an evolving place, an action critical to achieving the coequal goals. (g) The ecosystem of the Delta must be restored as the heart of a healthy estuary. (h) Any effort to balance the coequal goals will require a sustained effort promoting statewide water conservation, efficiency, and sustainable use of California's natural resources. (i) It shall be the policy of the State of California to build facilities to improve the existing water conveyance system and expand statewide storage, and operate both to achieve the coequal goals. (j) It shall be the policy of the State of California to reduce risks to people, property, and state interests in the Delta by means of effective emergency preparedness, appropriate land uses, and strategic levee investments. (k) To achieve the coequal goals the State of California must establish a new governance structure with the authority, responsibility, accountability, science support, and secure funding to achieve these goals. (l) Land use decisions in the Delta should be based on public safety. (m) Despite the enactment of the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992, development has continued to expand in the Delta, potentially threatening state interests and heightening safety risks in the region. Substantial population increases in the region are projected for the coming decades, increasing urbanization pressures in both the secondary zone and the primary zone. In addition to increasing flood risks, urban development outside of the primary zone can also foreclose critical future ecosystem revitalization and climate change adaptation opportunities, as well as limit improvements to the existing water export system. Active floodplains are critical ecosystem revitalization sites, and should not be cut off by levees protecting new development. Lands just above current tidal elevation are crucial sites to accommodate long-range sea level rise, and should be conserved for that reason. 79852. By enacting this division, it is the intent of the Legislature to facilitate the implementation of a program for the sustainable management of the Delta ecosystem and to establish a governance structure that will coordinate efforts across state agencies to develop a legally enforceable California Delta Ecosystem and Water Plan. 79853. Unless the context requires otherwise, the definitions set forth in this section govern the construction of this division: (a) "Acquisition" means the acquisition of a fee interest or any other interest, including easements, leases, and development rights. (b) "Adaptive management" means a method of constructing and operating physical facilities in a manner that maximizes operational flexibility in response to changing physical and biological conditions. (c) "Bay-Delta" means the San Francisco Bay/Sacramento-San Joaquin Delta. (d) "Bay Delta Conservation Plan" means any natural communities conservation plan or habitat conservation plan being developed by the Natural Resources Agency through a consortium of public agencies and nonprofit organizations to protect and restore endangered and threatened species and their habitat in the Delta. (e) "Board," or "board of directors," or "board members" means the board of directors of the council. (f) "CALFED" means the consortium of state and federal agencies with management and regulatory responsibilities in the Bay-Delta. (g) "CALFED Bay-Delta Program" means the undertaking by CALFED to develop and implement, by means of the final programmatic environmental impact statement/environmental impact report, the preferred programs, actions, projects, and related activities that will provide solutions to identified problem areas related to the Bay-Delta ecosystem, including, but not limited to, the Bay-Delta and its tributary watersheds. (h) "California Delta Conservancy" or "conservancy" means the conservancy established pursuant to Section 79890. (i) "California Environmental Quality Act" means the California Environmental Quality Act as set forth in Division 13 (commencing with Section 21000) of the Public Resources Code. (j) "Delta" means the area of the Sacramento-San Joaquin Delta that is defined in Section 12220, and includes the Yolo Bypass and the Suisun Marsh. (k) "Delta counties" mean the Counties of Contra Costa, Solano, Yolo, Sacramento, and San Joaquin. (l) "Delta Ecosystem and Water Council" or "council" means the council established by Section 79860. (m) "Delta Ecosystem and Water Plan" or "plan" means a plan developed pursuant to this division by the council. (n) "Delta Protection Commission" or "commission" means the commission established pursuant to Section 29735 of the Public Resources Code. (o) "Delta watershed" means ____. (p) "Department" means the Department of Water Resources. (q) "Fund" means the Delta Ecosystem and Water Fund established by Section 79885. (r) "Nonprofit organization" means any nonprofit corporation formed pursuant to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) and qualified under Section 501(c)(3) of the United States Internal Revenue Code. (s) "Public water agency" means a public entity, as defined in Section 514, that provides water service, as defined in Section 515. CHAPTER 2. DELTA ECOSYSTEM RESTORATION AND WATER SUPPLY RELIABILITY 79855. The Legislature finds and declares all of the following: (a) The coequal goals of restoring the Delta ecosystem and creating a more reliable water supply in California are the foundation of water and ecosystem policymaking. (b) All state agencies with significant responsibilities relating to the Delta should implement their statutory duties in a manner that advances these coequal goals. (c) All water project operational agreements, contracts for water use, water right permits, and financial agreements that impact the Delta should reflect and promote these coequal goals. CHAPTER 3. STATEWIDE WATER CONSERVATION, EFFICIENCY, AND SUSTAINABLE USE 79858. The Legislature finds and declares that the following policies should be incorporated into state planning, programmatic, and regulatory actions: (a) The reduction of urban, residential, industrial, and agricultural water demand through improved water use efficiency and conservation, starting by achieving a statewide 20 percent per capita reduction in water use by 2020. (b) The improvement of statewide water use efficiency and conservation by use of tiered pricing, incentives and grants, basin water planning for both surface and groundwater, educational programs, and a water "loading order" that gives first priority to conservation and efficiency improvements. (c) The reduction of urban per capita water use over the long-term by requiring water agencies to reduce water use per capita at least sufficiently to offset population growth and to require communities to include all available water use efficiencies in land use plans and actions. (d) (1) The establishment of a statewide agricultural water conservation target by 2010 of at least an estimated 800,000 acre-feet of agricultural water conservation. (2) Requiring the submission of water management plans to the department, on and after 2011 and every five years thereafter, by agricultural water districts using more than 3,000 acre-feet of groundwater or surface water, and by counties that provide regulatory oversight for individual agricultural groundwater users that are not within established water districts. (3) Requiring the state board to use its authority to determine reasonable use of water over the coming decades to evolve away from the generally accepted practices of diverting surface water for irrigated agriculture, considering climatic and agronomic factors in making these ongoing determinations. (e) The achievement of increased water supply reliability through the maintenance of diverse regional water supply portfolios, and by establishing a statewide target to recycle 1.5 million acre-feet of water annually by 2020, encouraging local water agencies to at least triple the current statewide capacity for generating new water supplies through ocean and brackish water desalination by 2020, requiring the state board to establish goals by 2015 for infiltration and direct use of urban stormwater runoff throughout the Delta watershed and its export areas, requiring agencies to ensure that accurate and timely information is collected and reported on all surface water and groundwater diversions in California by 2012, requiring that all water purveyors develop an integrated contingency plan by 2015 in the event of Delta water supply curtailments or drought, and establishing a regulatory framework that encourages efficient and integrated management of water resources at local, regional, and statewide levels. CHAPTER 4. DELTA ECOSYSTEM AND WATER COUNCIL 79860. (a) The Delta Ecosystem and Water Council is hereby established to advance the coequal goals of restoring the Delta ecosystem and creating a more reliable water supply in California. (b) (1) The board of directors of the council shall consist of seven members. The board members shall be appointed as follows: ____ (2) The initial term of office of each member of the board shall be two, four, or six years, as specified in subdivision (c), and all subsequent terms shall be eight years. (3) No member of the board shall serve two consecutive terms, but a member may be reappointed to the board after a period of two years following the end of his or her term. (4) Notwithstanding paragraph (3), those members of the board that serve an initial term of two or four years may be immediately appointed to a subsequent full eight-year term. (c) At the first meeting of the board, the members shall classify themselves by lot into three classes. One class shall have three members and the other two classes shall have two members each. For the class that has three members, the terms of office shall be two years. The second class, composed of two members, shall serve four years. The third class, composed of two members, shall serve six years. Thereafter, the terms of all succeeding members shall be eight years. (d) Any vacancy shall be filled by the appointing authority within 60 days. If the term of a board 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) The Governor shall appoint a chairperson from among the board members, who shall serve for not more than four years. (f) The council shall meet once a month in a public forum. At least two meetings each year shall take place within the Delta. (g) The Commissioner of the United States Bureau of Reclamation, the Director of the United States Fish and Wildlife Service, the Director of the National Marine Fisheries Service, and the Director of the United States Geological Service, if those federal officials wish to participate, as well as the director of the department and the Director of Fish and Game, shall be nonvoting ex officio members of the board of directors. 79861. The chairperson shall serve full time. Other members shall serve one-third time. The board of directors may select a vice chairperson and other officers determined to be necessary. 79862. (a) Each member of the board shall receive the salary provided for in Section 11564 of the Government Code. (b) The members of the board of directors shall be reimbursed for expenses necessarily incurred in the performance of official duties. (c) The board of directors shall appoint an executive director who shall serve full time. (d) The council shall hire employees necessary to carry out the functions of the agency. (e) The number of employees and qualifications of those employees shall be determined by the council, subject to the availability of funds. (f) The salary of each employee of the council shall be determined by the State Personnel Board, and shall reflect the duties and responsibilities of the position. (g) All persons employed by the council are state employees, subject to the duties, responsibilities, limitations, and benefits of the state. 79863. Board members shall be selected with diverse expertise and perspectives, and include policy and resource experts, strategic problem solvers, and individuals having success in resolving multiinterest conflicts. 79864. The headquarters of the agency shall be located in Sacramento. CHAPTER 5. MISSION, DUTIES, AND RESPONSIBILITIES OF THE DELTA ECOSYSTEM AND WATER COUNCIL 79870. The council shall do all of the following: (a) Prepare and adopt a plan referred to as the California Delta Ecosystem and Water Plan that incorporates the plans of other agencies, as appropriate, to carry out the requirements of this division. (b) The council shall have exclusive authority to determine the consistency of any project proposed or approved by a state agency or local government with the plan adopted pursuant to this division. (c) Assume responsibility for any conservation or habitat management plan developed for the Delta by the state or federal government. (d) Ensure that federal and state actions are consistent with the plan. (e) Participate as a trustee agency pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code. (f) Determine the consistency of major water, road, railroad, utility, and levee infrastructure projects in the Delta with the plan and communicate that determination to the responsible agencies. (g) Assess policies applied outside the Delta that are critical to meeting goals of this division and convey the results of that assessment to the responsible agency. (h) Work with the Delta Science and Engineering Board to adopt sound principles of adaptive management. (i) Receive and allocate funds to advance policies and programs related to the Delta. (j) Address environmental justice concerns with regard to the implementation of the plan and regarding future Delta decisionmaking. (k) Empanel a public advisory group of stakeholders to advise and make formal recommendations to the council, and to issue a public biennial report on the activities of the council. (l) Adopt procedures to facilitate use of alternative approaches to dispute resolution, such as joint factfinding and arbitration to reduce reliance on litigation and the courts. (m) Exercise the power to sue to ensure compliance with the plan. (n) Establish policies and procedures that ensure that day-to-day operations of water export systems are consistent with the plan. 79871. (a) The council shall prepare on or before August 1, 2010, a schedule for preparing and adopting the plan. (b) The council shall prepare a list of all applicable legal requirements, including requirements relating to federal and state endangered species laws, that pertain to the Delta for incorporation into the plan. (c) The council shall commence the preparation of the plan on or before September 2010, consistent with the procedural and substantive requirements of the federal Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.). (d) The council shall appoint persons to serve on the Delta Science and Engineering Board on or before September 1, 2010, and direct the work of the Delta Science and Engineering Program. (e) Coordinate with stakeholders as well as local, state, and federal agencies. (f) Seek the advice of the council's public advisory group to enhance stakeholder participation and actively address environmental justice concerns. (g) Establish a goal for the adoption of the plan by December 1, 2010. (h) If the plan is not adopted by December 1, 2010, the council shall adopt an interim strategic plan. (i) Identify and address, by December 1, 2010, any inconsistencies between the state board's water quality control plans and the plan or the interim strategic plan. (j) Review, and if necessary amend, the plan at least every five years. CHAPTER 6. DELTA ECOSYSTEM AND WATER PLAN 79880. (a) The plan shall be prepared in order to achieve the coequal goals of Delta Vision. The plan shall build upon other plans, modifying and extending those plans as needed to meet the requirements of this division. Those other plans include, but are not limited to, the ecosystem restoration program being developed by the Department of Fish and Game, the land use and resource management plan developed by the Delta Protection Commission, any local habitat conservation plan within the Delta, the Suisun Marsh plan under development, the provisions of the California Water Plan that address reliable water supply being developed by the department, and the conservation program resulting from the Bay Delta Conservation Plan. (b) Those persons responsible for implementing the plans described in subdivision (a) shall do so in a manner that is consistent with the plan adopted pursuant to this division. 79881. The plan shall meet all of the following requirements: (a) Include any species protection requirements that impact Delta resources. (b) Include requirements for water flow and water quality in the Delta that achieve the coequal goals. (c) Identify state land use interests in the Delta, especially those that impact the ecosystem, water supply reliability, and flood concerns. (d) Establish principles and procedures for adaptive management. (e) Establish requirements for the modeling, data collection, management, monitoring, analysis, and interpretation to support policy decisionmaking. (f) Adopt a model designed to maximize flexibility and resiliency in managing the Delta. (g) Establish a detailed financing plan that identifies costs, benefits, and revenue sources. (h) Serve as a foundational document for a programmatic environmental impact statement or environmental impact report for projects in the Delta that require permits in accordance with the National Environmental Policy Act (42 U.S.C. Sec. 4321 et seq.) and the California Environmental Quality Act. (i) Optimize the use of the CALFED Programmatic Record of Decision dated August 28, 2000, and the Coastal Zone Management Act of 1972 (16 U.S.C. Sec. 1451 et seq.) to maximize participation of federal agencies in implementation of the plan. 79882. (a) The Legislature finds and declares that the preparation of the plan should reflect all of the following principles or goals: (1) Recognize and enhance the unique cultural, recreational, and agricultural values of the Delta as an evolving place. (2) Restore the Delta ecosystem as the heart of a healthy estuary. (3) The construction of facilities to improve the existing water conveyance system, to expand statewide storage facilities, and to operate both the water conveyance system and statewide storage facilities to achieve the coequal goals. (4) The reduction of risks to people, property, and state interests in the Delta by means of effective emergency preparedness, appropriate land uses, and strategic levee investments. (5) The provision of adequate and reliable funding to carry out this division. (b) These principles and goals shall guide the financing priorities of the council, the conservancy, the Delta Protection Commission, and all related bodies, including the Delta Science and Engineering Board. 79883. The council shall review and revise the plan every five years. The review and revisions shall be based upon the adaptive management program developed by the council and the Delta Science and Engineering Board. CHAPTER 7. DELTA ECOSYSTEM AND WATER FUND 79885. (a) The council may generate revenues and allocate those revenues to pay for the work of the council, the conservancy, the Delta Protection Commission, and related activities of the Department of Fish and Game, the department, and the state board in accordance with this division. (b) The council may impose a per-acre-foot fee on water diversions within the Delta watershed, and a fee on any water conveyed through or around the Delta. (c) In establishing fees under this chapter, the council shall be subject to the following requirements: (1) The amount of the fee shall not exceed the reasonable cost of the program the fee supports. (2) The fee shall not be imposed for adverse impacts that the feepayer did not create or for benefits that the feepayer does not obtain. (3) The fee shall be equitably apportioned among feepayer groups. Periodic adjustment mechanisms shall be established to ensure that the fee is allocated fairly and that feepayers are not paying disproportionately more than their impacts or benefits justify. (d) Moneys generated by the imposition of fees pursuant to subdivision (b) shall be deposited in the Delta Ecosystem and Water Fund, which is hereby established in the State Treasury. (e) The moneys in the fund, upon appropriation by the Legislature to the council, shall be expended for the exclusive purpose of implementing this division. (f) The council shall establish requirements that apply to public and private entities that seek funding pursuant to this section. These requirements shall include, but shall not be limited to, provisions relating to the minimum amount of costs required to be borne by a local agency, and the development of a completed financial plan prior to the receipt of funds for the design and construction of major capital projects. (g) No funding shall be available pursuant to this section unless the private or public entity agrees to carry out its projects in a manner that is consistent with the plan and this division. CHAPTER 8. THE CALIFORNIA DELTA CONSERVANCY 79890. The California Delta Conservancy is hereby established to implement the ecosystem restoration elements of the plan. 79891. (a) The conservancy shall consist of 11 voting members, including both local and state officials serving staggered terms, with voluntary federal participation in nonvoting roles. (b) The Governor shall appoint the following members: (1) Five members, each of whom shall represent one of the Delta counties who shall be selected from nominees advanced by the Delta Protection Commission. (2) Two public members with business or land trust experience. (c) The Secretary for Natural Resources and the Director of Finance shall serve as voting ex officio members. (d) Two additional public members, one appointed by the Senate Committee on Rules and one by the Speaker of the Assembly, shall serve as nonvoting ex officio members. (e) The Governor shall appoint the chairperson of the conservancy. 79892. The conservancy shall do all of the following: (a) Coordinate state ecosystem-related and urban waterfront projects in the Delta. (b) Acquire or manage land as needed to implement the plan. (c) Enter into contracts to buy and sell land and other property, and acquire property through the State Public Works Board. The conservancy shall be exempt from approval processes of the Department of General Services. (d) Assume responsibility for publicly or privately owned lands pursuant to voluntary agreements. (e) Receive funding from the state, the council, or any other source, and allocate those funds for purposes consistent with policies and plans adopted by the council. (f) Support appropriate recreation and ecosystem activities in the Delta, including bolstering the local economy and National Heritage Area designations consistent with the plan. (g) Establish incentives for mutually beneficial mixtures of traditional agriculture, habitat, and recreation, including agri-tourism, wildlife-friendly agriculture practices, birdwatching, and hunting. CHAPTER 9. THE DELTA PROTECTION COMMISSION  79895. (a) To ensure state interests in the region are fully protected over decades, all general plans of Delta counties and cities within Delta counties shall be consistent with the plan. (b) The Delta Protection Commission shall revise its resource management plan to be consistent with the plan. (c) The Delta Protection Commission shall review and certify all general plans of Delta counties and cities within Delta counties for consistency with its resource management plan and the plan. (d) The Delta Protection Commission shall determine whether any project approved by local governments within the primary zone is consistent with the resource management plan and the plan. (e) It is the intent of the Legislature that the Delta Protection Commission shall exercise appeal authority over selected portions of the secondary zone once local plans are created for those areas. Until those local plans are created, it is the intent of the Legislature that the commission shall possess direct consistency determination authority over development proposals in those areas. (f) General plans of Delta counties and cities within those counties shall be revised and submitted for consistency review to the Delta Protection Commission upon completion. The council may review local plans, or exercise consistency determination authority for individual projects in the primary or secondary zones, at its discretion.   79895. As used in this chapter: (a) "Commission" means the Delta Protection Commission. (b) "Consistent with the plan" means that an action, program, or project is consistent with the commission's revised resource management plan or the plan if, considering all its aspects, the action, program, or project will further the objectives and policies of the revised management plan or the plan and not obstruct the attainment of those objectives and policies. (c) "Development" means, on land, in or under water, the placement of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), and any other division of land except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of water, or of access to water; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations that are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4 of the Public Resources Code). As used in this section, "structure" includes, but is not limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission line and distribution line. "Development" does not mean a "change of organization" as defined in Section 56021 of the Government Code or a "reorganization" as defined in Section 56073 of the Government Code. (d) "Development project" means any project undertaken for the purpose of development. "Development project" includes a project involving the issuance of a permit for construction or reconstruction, but not a permit to operate. "Development project" does not include any ministerial projects proposed to be carried out or approved by public agencies. (e) "Project" means any activity involving the issuance to a person of a lease, permit, license, certificate, or other entitlement for use by one or more public agencies.   79896. (a) To ensure state interests in the region are fully protected over decades, all general plans of Delta counties and cities within Delta counties shall be consistent with the plan. (b) The commission shall revise its resource management plan to be consistent with the plan.   79897. (a) Within 180 days from the date on which the commission revises its resource management plan to be consistent with the plan as required by Section 79896, each Delta county and each city within a Delta county shall submit to the commission proposed amendments to make its general plan consistent with the commission's revised resource management plan. (b) The commission shall act on the proposed amendments within 60 days from the date of their submittal. The commission shall approve the proposed general plan amendments by a majority vote of the commission's membership, only if it finds, based on substantial evidence in the record, that the proposed general plan amendments are consistent with the commission's revised resource management plan. (c) A Delta county or a city within a Delta county shall adopt its proposed general plan amendments within 120 days after the date of approval by the commission.   79898. (a) The commission shall review and determine whether any project proposed to be carried out or approved by a local government within the primary zone is consistent with both the commission's revised resource management plan and the plan. (b) Until a Delta county or a city within a Delta county in which a project is located has adopted general plan amendments pursuant to Section 79897, the commission shall review and determine whether any project proposed to be carried out or approved by a local government within the secondary zone is consistent with both the commission's revised resource management plan and the plan. (c) The commission shall adopt regulations that prescribe the form and content for permits. The commission may adopt a schedule of filing fees and service charges to recover its costs, provided that these fees shall not exceed the estimated reasonable cost of providing the service for which the fee is charged. (d) The commission shall give notice of any public hearing on an application pursuant to Section 65091 of the Government Code. (e) The commission shall act on an application for a permit at a public hearing, either denying or granting the permit, within 90 days after it files the application. The permit shall be automatically granted if the commission fails to take specific action either denying or granting the permit within the time period specified in this section. The commission shall grant the permit if the commission finds, based on substantial evidence in the record, that the project is consistent with both the commission's revised resource management plan and the plan. To effectuate the purposes of the commission's revised resource management plan and the plan, the commission may grant a permit subject to reasonable terms and conditions, including the uses of land and structures, intensity of uses, and construction methods. A majority vote of the members of the commission is required to grant a permit. (f) The commission may adopt regulations that allow the executive director to issue permits without otherwise complying with this section in cases of emergency or for minor repairs or minor improvements. (g) If the commission denies a permit, the applicant may submit another application for the permit directly to the commission after 90 days from the date of the denial. (h) Any project authorized pursuant to this section shall be commenced, performed, and completed in compliance with the provisions of all permits granted or issued by the commission and by any Delta county or city in a Delta county. (i) Any action or proceeding to contest or question the commission' s denial of a permit application, or conditions attached to approval of a permit application, shall be commenced in the appropriate court within 90 days following the date of that action by the commission. (j) Any person who undertakes a development project within the commission's jurisdiction without securing a permit from the commission as required by this section is guilty of a misdemeanor.   79899. At its discretion, the council may do both of the following: (a) Review the general plans of Delta counties and cities in Delta counties. (b) Review development projects in the primary and secondary zones to determine whether they are consistent with the plan.  CHAPTER 10. THE DELTA SCIENCE AND ENGINEERING BOARD AND THE DELTA SCIENCE AND ENGINEERING PROGRAM 79900. The Legislature finds and declares all of the following: (a) California should maintain a strong and consistent investment in science and engineering important to the Delta. There needs to be a more direct link between scientific investigation and real-world management and policy. (b) To achieve this, the council requires both a permanent science and engineering program staff and an independent science and engineering board that reviews actions undertaken by the council. (c) The program and the board should receive stable, adequate funding. (d) The science and engineering program should be a replacement for, and a successor to, the successful CALFED Independent Science Program, and a newly constituted delta science and engineering board should replace the CALFED Independent Science Board. 79901. The Delta Science and Engineering Board is hereby established, consisting of between 12 and 20 individuals with natural science, social science, engineering, and policy expertise appointed by the council to a maximum of two five-year terms. Lead scientists appointed by the council shall have a rotating appointment of three years. To ensure independence, the current practice in which lead scientists are formally engaged by an agency other than the state, such as the United States Geological Survey, should continue. The Delta Science and Engineering Board shall respond to requests from the council or independently offer advice on significant issues of its choosing. 79902. The council shall appoint persons to serve on the Delta Science and Engineering Board. The Delta Science and Engineering Board shall carry out a Delta science and engineering program referred to as the Delta Science and Engineering Program under the direction of the council. That program shall undertake all of the following activities: (a) Research critical scientific issues of both the physical Delta and elsewhere in the state relevant to Delta management. (b) Organize, assess, and synthesize the best available science for policymakers and the council. (c) Review all major projects undertaken to advance the goals of Delta Vision. (d) Conduct independent science and engineering reviews of the work of government agencies or consultant work upon the request of the council, the conservancy, or other state agencies. (e) Establish communication channels to effectively transmit science and engineering results to broader and more diverse audiences, coordinating with the council's Public Advisory Group. (f) Prepare discussion papers and interactive lectures.  SEC. 4.   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.   SEC. 4.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   However, if the Commission on State Mandates determines that this act contains other 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.