Today's Law As Amended

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AB-2000 Sacramento-San Joaquin Delta.(2011-2012)



SECTION 1.

 Section 139.5 is added to the Water Code, to read:

139.5.
 (a) The department shall withdraw from the Memorandum of Agreement Regarding Collaboration on the Planning, Preliminary Design and Environmental Compliance for the Delta Habitat Conservation and Conveyance Program in Connection with the Development of the Bay Delta Conservation Plan, in accordance with the provisions of that memorandum of agreement.
(b) The department may enter into a new memorandum of agreement to further efforts to develop a Bay Delta Conservation Plan (BDCP) only if that memorandum of agreement does all of the following:
(1) Allows the counties in the Delta to participate in the making of BDCP determinations, including, but not limited to, additional alternatives for conveyance and diversion, levee restoration, protection for agriculture and recreation, and habitat conservation.
(2) Evaluates non-diversion alternatives, such as water conservation, desalination, or storage, in the environmental impact report.
(3) Establishes technical working groups to address issues in each of the counties in the Delta.
(4) Provides funding to counties in the Delta to study the impacts of BDCP proposals and potential alternatives.
(5) Collaborates with habitat conservation plans and natural community conservation plans to ensure integration of state and local efforts.
(6) Independently reviews the science behind BDCP proposals in coordination with the counties of the Delta.

SEC. 2.

 Section 85090 is added to the Water Code, to read:

85090.
 (a) Pursuant to Section 5096.821 of the Public Resources Code, available funds in the Disaster Preparedness and Flood Prevention Bond Fund of 2006 are appropriated to the department for levee improvements.
(b) Pursuant to Section 75033 of the Public Resources Code, funds made available pursuant to Division 43 (commencing with Section 75001) of the Public Resources Code are appropriated to the department for levee improvements.

SEC. 3.

 Section 85200 of the Water Code is amended to read:

85200.
 (a) The Delta Stewardship Council is hereby established as an independent agency of the state.
(b) (1)  The council shall consist of seven voting members, of which four two  members shall be appointed by the Governor and confirmed by the Senate, one member shall be appointed by the Senate Committee on Rules, one member shall be appointed by the Speaker of the Assembly, and  one member shall be the Chairperson of the Delta Protection Commission.  Commission, one member shall be the Vice-Chairperson of the Delta Protection Commission, and one member shall be a member of the Delta Protection Commission chosen by a majority vote of that commission.  Initial appointments to the council shall be made by July 1, 2010.
(2) No member of the council shall serve two consecutive terms, but a member may be reappointed after a period of two years following the end of his or her term.
(c) (1) (A) The initial terms of two of the four members appointed by the Governor shall be four years. expire January 1, 2013. 
(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) Upon the expiration of each term described in subparagraph (A), (B),  (B)  or (C), the term of each succeeding member shall be four years.
(2) The Chairperson  Chairperson, Vice-Chairperson, and chosen member  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. chairperson, commission vice-chairperson, or commission member. 
(d) 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.
(e) The council members shall select a chairperson from among the their  members, who shall serve for not more than four years in that capacity.
(f) 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.
(g) This section becomes operative on January 1, 2019.