Bill Text: CA AB1876 | 2017-2018 | Regular Session | Amended
Bill Title: Sacramento-San Joaquin Delta: Delta Plan: administration.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2018-04-24 - In committee: Set, first hearing. Failed passage. [AB1876 Detail]
Download: California-2017-AB1876-Amended.html
|
Amended
IN
Assembly
April 03, 2018 |
|
Amended
IN
Assembly
March 14, 2018 |
| Assembly Bill | No. 1876 |
| Introduced by Assembly Member Frazier |
January 16, 2018 |
LEGISLATIVE COUNSEL'S DIGEST
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.
The
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 29703.5 of the Public Resources Code is amended to read:29703.5.
The Legislature further finds and declares both of the following: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: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.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.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.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.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 Council’s policies regarding the socioeconomic sustainability of the Delta region.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 commission’s policies regarding the socioeconomic sustainability of the Delta region.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.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.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: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: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 section’s findings, policies, and goals apply to Delta land use planning and development.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 section’s findings, policies, and goals apply to Delta land use planning and development.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.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.SEC. 17.
Section 85057 of the Water Code is amended to read:85057.
(a) “Council” means the Delta Stewardship Council established in Section 85200.(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.
(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.
(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. 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 CHAPTER 1.1. Authority of Delta Protection Commission
85200.85206.
(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, 2020.85201.85207.
This chapter shall become operative on July 1, 2020.(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, Bird’s 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.
