BILL NUMBER: SB 458INTRODUCED BILL TEXT INTRODUCED BY Senator Wolk FEBRUARY 26, 2009 An act to add Division 22.3 (commencing with Section 32300) to the Public Resources Code, relating to the Conservancies. LEGISLATIVE COUNSEL'S DIGEST SB 458, as introduced, Wolk. Conservancies: Sacramento-San Joaquin Delta Conservancy. Existing law authorizes 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, including monitoring projects within the watershed of the delta, providing stewardship, and coordinating with other delta governance entities. The bill would prescribe the management, powers, and duties of the conservancy. The bill would create the Sacramento-San Joaquin Delta Conservancy Fund in the State Treasury. Moneys in the fund would be available, upon appropriation, for the purposes of the conservancy. Vote: majority. Appropriation: no. Fiscal committee: 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. 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) "Conservancy" means the Sacramento-San Joaquin Delta Conservancy. (c) "Council" means the Sacramento-San Joaquin Delta Conservancy Advisory Council. (d) "Delta" means the Sacramento-San Joaquin Delta as defined in Section 12220 of the Water Code. (e) "Fund" means the San-Joaquin Delta Conservancy Fund created pursuant to Section 32323. (f) "Local public agency" means a city, county, district, or joint powers authority. (g) "Nonprofit organization" means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of Title 26 of the United States Code and that has among its principal charitable purposes preservation of land for scientific, recreational, scenic, or open-space opportunities, protection of the natural environment or preservation or enhancement of wildlife, preservation of cultural and historical resources or, efforts to provide for the enjoyment of public lands. (h) "Tribal organization" means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indians and is identified on pages 52829 to 52835, inclusive, of Number 250 of Volume 53 (December 29, 1988) of the Federal Register, as that list may be updated or amended from time to time. 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 to do all of the following, working in collaboration and cooperation with local governments and interested parties: (a) Monitor projects within the watershed of the delta that provide substantial benefits to the ecosystem or recreation capacity of the delta. (b) Provide stewardship of the delta by establishing and meeting natural resource goals through both terrestrial and aquatic ecosystem protection and restoration efforts. (c) Coordinate with other delta governance entities. 32312. The board shall consist of nine voting members and seven nonvoting members, appointed or designated as follows: (a) The nine voting members of the board shall consist of all of the following: (1) The Secretary of the Natural Resources Agency, or his or her designee. (2) The Director of Finance, or his or her designee. (3) The chairperson of the Delta Protection Commission, or his or her designee. (4) Two public members appointed by the Governor. (5) Two public members appointed by the Senate Committee on Rules. (6) Two public members appointed by the Speaker of the Assembly. (7) One public member appointed by the Governor, one public member appointed by the Senate Committee on Rules, and one public member appointed by the Speaker of the Assembly shall be locally elected officials from within the five delta-region counties. The three other public members shall represent statewide interests, with one member residing in the delta and one member residing in southern California, and each shall have expertise in natural sciences, water and flood management, or conservation sufficient to contribute to the goals of the conservancy. (b) The seven nonvoting members shall consist of the following: (1) A designee of the San Francisco Bay Conservation and Development Commission for coordination purposes. (2) Three members of the Senate, appointed by the Senate Committee on Rules, and three members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the conservancy and participate in its activities to the extent that this participation is not incompatible with their positions as Members of the Legislature. At least two of the Members of the Senate and two Members of the Assembly shall represent a district that encompasses a portion of the delta. 32313. The members appointed by the Governor shall serve at his or her pleasure. The locally elected public members shall serve for a term of four years, with a two-term limit. The state interest public members shall serve for a term of four years, with a two-term limit. 32314. The Secretary of the Natural Resources Agency shall select one of the public members to serve as chairperson of the board. A majority of the membership of the board constitutes a quorum. 32315. The board shall appoint an executive officer of the conservancy. CHAPTER 3. POWERS, DUTIES, AND LIMITATIONS 32320. The conservancy's jurisdiction is limited to the delta. 32321. The conservancy may do all of the following: (a) Fund or undertake pilot projects based on research of delta science and engineering advisory groups. (b) Develop, plan, and conduct environmental review and implement, monitor, and manage projects, or provide grants or loans to others for these activities. (c) Acquire water or water rights. 32322. (a) The conservancy may pursue and accept funds from various sources, including, but not limited to, federal, state, and local funds or grants, private philanthropy, gifts, donations, bequests, devises, subventions, grants, rents, royalties, or other assistance and funds from public and private sources. (b) The conservancy may accept fees levied by others, which shall not be subject to appropriation. (c) The conservancy may create and manage endowments. (d) The conservancy may issue revenue bonds. (e) All funds received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division. 32323. The San Joaquin-Delta Conservancy Fund is hereby created in the State Treasury. Money in the fund shall be available, upon appropriation by the Legislature, only for the purposes of this division. 32324. (a) The conservancy may create or participate in a joint powers authority or a supporting nonprofit organization to further the goals of the conservancy, including long-term land management and stewardship, interagency relations, and revenue generation. (b) The conservancy may establish a supporting nonprofit organization to assist with conservancy operations. (c) The conservancy may engage in partnerships with nonprofit organizations, local public agencies, and landowners. (d) The conservancy may provide grants and loans to state agencies, local public agencies, nonprofit organizations, and tribal organizations to further the goals of the conservancy. 32325. (a) The conservancy shall implement and manage the habitat restoration and protection elements of the Bay Delta Conservation Plan. (b) The conservancy may acquire, accept, and hold interests in real property and improve, lease, or transfer interests in real property. Priority shall be given to property interests within or adjacent to the highest priority ecosystem restoration areas, as identified by local, regional, and state habitat restoration plans. 32326. (a) The conservancy shall hold public hearings. (b) The conservancy shall create and maintain a strategic plan. (c) The conservancy shall periodically report to the Legislature and the public. CHAPTER 4. PROGRAMS 32330. Within two years of hiring an executive director, the board shall create and adopt a strategic plan for the implementation of programs to achieve the goals of the conservancy. The plan shall describe its interaction with local, regional, state, and federal land use, water and flood management, and habitat conservation and protection efforts within and adjacent to the delta and shall be consistent with the delta plan when completed. 32331. The programs of the conservancy shall include all of the following: (a) Protection of agriculture and working landscapes. (b) Increased recreation and public access in the delta, including linkages to areas outside the delta. (c) Tourism and economic vitality in the delta. (d) Habitat enhancement and restoration, monitoring of restored lands, and ongoing adaptive management of conservancy lands and habitat projects in response to monitoring. (e) Creation of a streamlined habitat permit program. (f) Facilitation of safe harbor agreements for adjacent landowners, watershed planning and projects, including flood plains and river parkways, and legacy community support and community waterfronts. (g) Consideration of carbon sequestration and a response to the effects of climate change. (h) Environmental education and historic and cultural resource protection. (i) Cooperative relationship with local and state land use authorities to assist with implementation of local general plans and state plans. (j) Cooperation with a science advisory board on research, and with the California Delta Ecosystem and Water Council and other delta governing entities. (k) Assistance for local entities in implementation of the Habitat Conservation Plan/Natural Communities Conservation Plan. 32332. The programs of the conservancy shall be based on strategies that include all of the following: (a) Scientific investigation to balance the delta's unique ecological needs with water supply reliability. (b) Recommendations for adaptive management strategies to achieve a resilient delta ecosystem with consideration of climate change, sea level rise, habitat shifting, and potential levee failure. (c) Emphasis on public outreach with regular opportunities for public participation and input, coordinated with efforts of the California Delta Ecosystem and Water Council and other delta governing entities. 32333. (a) The conservancy shall establish the Sacramento-San Joaquin Delta Conservancy Advisory Council. (b) The council shall be composed of 14 members as follows: (1) Five representatives of local government from jurisdictions including the five delta counties. (2) Three representative of public water agencies that rely, at least in part, on water for use within or exported from the delta watershed. (3) Three representatives of federal and state entities with land interests in the delta, including those focused on tourism and economic enhancement, recreation, agricultural, and ecosystem protections. (4) Three representatives from the environmental and environmental justice communities. (c) The committee shall do both of the following: (1) Provide information and expertise for the conservancy's efforts to adaptively manage the delta's natural resources and its other programs. (2) Facilitate public participation in the conservancy's implementation of its programs.