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AB-792 Sacramento-San Joaquin Delta: Delta Stewardship Council.(2017-2018)

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Date Published: 01/03/2018 02:18 PM
AB792:v96#DOCUMENT

Amended  IN  Assembly  January 03, 2018
Amended  IN  Assembly  March 28, 2017
Amended  IN  Assembly  March 21, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 792


Introduced by Assembly Member Frazier

February 15, 2017


An act to amend Section 85225 of 85200 of, and to add Sections 85061, 85066.5, and 85200.5 to, the Water Code, relating to the Sacramento-San Joaquin Delta.


LEGISLATIVE COUNSEL'S DIGEST


AB 792, as amended, Frazier. Sacramento-San Joaquin Delta: Delta Plan: certification of consistency. Delta Stewardship Council.
Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, establishes the Delta Stewardship Council, which consists of 7 members, and requires the council to develop, adopt, and commence implementation of a comprehensive management plan for the Delta, known as the Delta Plan.
This bill would increase the membership of the 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 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 the statutory provisions noted above.

Existing law, the Sacramento-San Joaquin Delta Reform Act of 2009, establishes the Delta Stewardship Council and requires the council to develop, adopt, and commence implementation of a comprehensive management plan for the Delta, known as the Delta Plan. The act requires a state or local public agency that proposes to undertake a covered action to prepare and submit to the council a written certification of consistency with the Delta Plan before undertaking that action.

This bill would prohibit the council from granting a certification of consistency with the Delta Plan until the board has completed its update of a specified water quality control plan.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 85061 is added to the Water Code, to read:

85061.
 “Primary zone of the Delta” means the primary zone as defined in Section 29728 of the Public Resources Code.

SEC. 2.

 Section 85066.5 is added to the Water Code, to read:

85066.5.
 “Secondary zone of the Delta” means the secondary zone as defined in Section 29731 of the Public Resources Code.

SEC. 3.

 Section 85200 of the Water Code, as added by Section 98 of Chapter 26 of the Statutes of 2017, is amended to read:

85200.
 (a) The Delta Stewardship Council is hereby established as an independent agency of the state.
(b) The council shall consist of seven voting members, of which four 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, one Senate.
(B) One member shall be appointed by the Senate Committee on Rules, one Rules.
(C) One member shall be appointed by the Speaker of the Assembly, and one 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. Initial
(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.

(c)

(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.

(D)

(E) Upon the expiration of each term described in subparagraph (A), (B), or (C), (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.

(d)

(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.

(e)

(f) The council members shall select a chairperson from among the members, who shall serve for not more than four years in that capacity.

(f)

(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.

(g)

(h) This section becomes operative on January 1, 2019.

SEC. 4.

 Section 85200.5 is added to the Water Code, to read:

85200.5.
 (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.

SEC. 5.

 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.
SECTION 1.Section 85225 of the Water Code is amended to read:
85225.

A state or local public agency that proposes to undertake a covered action, prior to initiating the implementation of that covered action, shall prepare a written certification of consistency with detailed findings as to whether the covered action is consistent with the Delta Plan and shall submit that certification to the council. The council shall not grant a certification of consistency with the Delta Plan until the board has completed its update of the 2006 Water Quality Control Plan for the Bay-Delta Estuary that was initiated with a notice of preparation in 2009.