Bill Text: CA AB183 | 2013-2014 | Regular Session | Introduced

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Bill Title: Delta Protection Commission: executive director: comprehensive long-term resource management plan: determination of consistency.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-03 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB183 Detail]

Download: California-2013-AB183-Introduced.html

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BILL NUMBER: AB 183	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Dickinson

                        JANUARY 28, 2013

   An act to add Section 29764.5 to the Public Resources Code,
relating to the Sacramento-San Joaquin Delta.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 183, as introduced, Dickinson. Delta Protection Commission:
executive director: comprehensive long-term resource management plan:
determination of consistency.
   Existing law, the Johnston-Baker-Andal-Boatwright Delta Protection
Act of 1992, 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. Existing law
authorizes any person who is aggrieved by any action taken by a local
government or other local agency in implementing the resource
management plan to file an appeal with the commission, or for the
commission to review, in the absence of an appeal by an aggrieved
person, the action taken. Existing law requires the commission to
review the action on the grounds that the action as to land located
exclusively within the primary zone is inconsistent with the resource
management plan, the approved portions of local government general
plans that implement the resource management plan, or specified law.
Existing law requires the appeal to be heard by the commission, as
prescribed, unless the commission, either itself or by delegation to
the executive director, determines that the issue raised on appeal is
not within the commission's jurisdiction or does not raise an
appealable issue.
   This bill would require the executive director to determine a
discretionary project located in the primary zone to be consistent
with the resource management plan provided that the project satisfies
at least 4 of 5 specified criteria.
   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.  Section 29764.5 is added to the Public Resources Code,
to read:
   29764.5.  The executive director, as described in Section 29755,
or his or her designee, shall determine a discretionary project
located in the primary zone, as defined in Section 29728, to be
consistent with the comprehensive long-term resource management plan
for land uses within the primary zone, adopted by the commission
pursuant to Section 29760, provided that the project satisfies at
least four of the following criteria:
   (a) The project is consistent with the commission's statutory
mission to protect, maintain, and enhance the overall quality of the
delta as described in Section 29702.
   (b) The project is consistent with the economic development
strategies and recommendations outlined in the economic
sustainability plan adopted by the commission pursuant to Section
29759.
   (c) The project complies with all local land use and zoning
provisions.
   (d) As determined by the local land use agency or department, the
project is eligible for a categorical exemption pursuant to the
California Environmental Quality Act as described by Sections 15300
to 15332, inclusive, of Title 14 of the California Code of
Regulations.
   (e) The project complies with all local drainage ordinances, and
flood plain management and levee encroachment requirements.