Today's Law As Amended


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AB-1876 Sacramento-San Joaquin Delta: Delta Plan: administration.(2017-2018)



As Amends the Law Today


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:
(a) The Delta Protection Commission created pursuant to Section 29735 provides an existing forum for Delta residents to engage in decisions regarding actions to recognize and enhance the unique cultural, recreational, and agricultural resources of the Delta. As such, the commission is the appropriate agency to identify and provide recommendations to the Delta Stewardship Council on methods of preserving the Delta as an evolving place as the Delta Stewardship Council develops and implements the Delta Plan.
(b) There is a need for the five Delta counties to establish and implement a resources management plan for the Delta and for the Delta Stewardship Council to consider that plan and recommendations of the commission in the adoption of the Delta Plan.
(c) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

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:
(a) The Delta Protection Commission created pursuant to Section 29735 provides an existing forum for Delta residents to engage in decisions regarding actions to recognize and enhance the unique cultural, recreational, and agricultural resources of the Delta. As such, the commission is the appropriate agency to identify, for adoption in the Delta Plan, methods of preserving the Delta as an evolving place.
(b) There is a need for the five Delta counties to establish and implement a resources management plan for the Delta and for the commission, in adopting the Delta Plan, to consider the resources management plan and to identify and adopt strategies to avoid, reduce, or mitigate impacts to the cultural, recreational, and agricultural values of the Delta and strategies for the continued socioeconomic sustainability of the Delta region.
(c) This section shall become operative on July 1, 2020.

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.
(b) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

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.
(b) This section shall become operative on July 1, 2020.

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.
(b) Subsequent chairpersons shall serve for two years and shall be elected from among the members identified in subdivision (a) of Section 29735.
(c) The chairperson shall serve as a voting member of the Delta Stewardship Council.
(d) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

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.
(b) Subsequent chairpersons shall serve for two years and shall be elected from among the members identified in subdivision (a) of Section 29735.
(c) This section shall become operative on July 1, 2020.

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.
(b) The economic sustainability plan shall include, but not be limited to, all of the following:
(1) Public safety recommendations, such as flood protection recommendations.
(2) The economic goals, policies, and objectives in local general plans and other local economic efforts, including recommendations on continued socioeconomic sustainability of agriculture and its infrastructure and legacy communities in the Delta.
(3) Comments and recommendations to the Department of Water Resources concerning its periodic update of the flood management plan for the Delta.
29759.
 (4) Identification of ways to encourage recreational investment along the key river corridors, as appropriate.
(4)  Identification of ways to encourage recreational investment along the key river corridors, as appropriate. 
(c) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

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.
(b) The economic sustainability plan shall include, but not be limited to, all of the following:
(1) Public safety strategies, such as flood protection strategies.
(2) The economic goals, policies, and objectives in local general plans and other local economic efforts, including strategies for continued socioeconomic sustainability of agriculture and its infrastructure and legacy communities in the Delta.
(3) Comments and recommendations to the Department of Water Resources concerning its periodic update of the flood management plan for the Delta.
(4) Identification of ways to encourage recreational investment along the key river corridors, as appropriate.
(c) This section shall become operative on July 1, 2020.

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.
(b) The commission shall transmit copies of the economic sustainability plan and any subsequent amendments to the Governor, Legislature, each local government as defined in Section 29725, and Delta Stewardship Council within 60 days of adoption or amendment. Within 180 days of the commission’s adoption or amendment of the economic sustainability plan, the Delta Stewardship Council shall review the economic sustainability plan for consistency with the Delta Plan.
(c) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

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.
(b) The commission shall transmit copies of the economic sustainability plan and any subsequent amendments to the Governor, Legislature, and each local government as defined in Section 29725.
(c) This section shall become operative on July 1, 2020.

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:
(1) Identification of impacts to the cultural, recreational, and agricultural values of the Delta.
(2) Recommendations for actions that may avoid, reduce, or mitigate impacts to the cultural, recreational, and agricultural values of the Delta.
(3) Review of consistency of the project or proposed project with the resources management plan and the Delta Plan.
(4) Identification and recommendation of methods to address Delta community concerns regarding large-scale habitat plan development and implementation.
(b) The council shall take into consideration the recommendations of the commission, including the recommendations included in the economic sustainability plan. If the council, in its discretion, determines that a recommendation of the commission is feasible and consistent with the objectives of the Delta Plan and the purposes of this division, the council shall adopt the recommendation.
(c) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

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:
(1) Impacts to the cultural, recreational, and agricultural values of the Delta. For purposes of this paragraph, measures to address those impacts shall include actions that may avoid, reduce, or mitigate the impacts.
(2) Whether the project or proposed project is consistent with the resources management plan.
(3) Delta community concerns regarding large-scale habitat plan development and implementation.
(b) The commission shall not adopt a measure pursuant to subdivision (a) unless the commission determines that the measure is feasible and consistent with the objectives of the Delta Plan and the purposes of this division.
(c) Nothing in this section shall be construed to limit the commission’s authority to review or adopt measures to address any aspect of a project pursuant to any other provision of law.
(d) This section shall become operative on July 1, 2020.

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.
(b) The actions of the council shall be guided by the findings, policies, and goals expressed in this section when reviewing decisions of the commission pursuant to Division 19.5 (commencing with Section 29700) of the Public Resources Code.
(c) The Legislature finds and declares all of the following:
(1) The Delta is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced estuary and wetland ecosystem of hemispheric importance.
(2) The permanent protection of the Delta’s natural and scenic resources is the paramount concern to present and future residents of the state and nation.
(3) To promote the public safety, health, and welfare, and to protect public and private property, wildlife, fisheries, and the natural environment, it is necessary to protect and enhance the ecosystem of the Delta and prevent its further deterioration and destruction.
(4) Existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to persons living and working in the Delta.
(d) The fundamental goals for managing land use in the Delta are to do all of the following:
(1) Protect, maintain, enhance, and, where feasible, restore the overall quality of the Delta environment and its natural and artificial resources.
(2) Ensure the utilization and conservation of Delta resources, taking into account the social and economic needs of the people of the state.
(3) Maximize public access to Delta resources and maximize public recreational opportunities in the Delta consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
(4) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the Delta.
(5) Develop new or improved aquatic and terrestrial habitat and protect existing habitats to advance the goal of restoring and enhancing the Delta ecosystem.
(6) Improve water quality to protect human health and the environment consistent with achieving water quality objectives in the Delta.
(e) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

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.
(b) The Legislature finds and declares all of the following:
(1) The Delta is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced estuary and wetland ecosystem of hemispheric importance.
(2) The permanent protection of the Delta’s natural and scenic resources is the paramount concern to present and future residents of the state and nation.
(3) To promote the public safety, health, and welfare, and to protect public and private property, wildlife, fisheries, and the natural environment, it is necessary to protect and enhance the ecosystem of the Delta and prevent its further deterioration and destruction.
(4) Existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to persons living and working in the Delta.
(c) The fundamental goals for managing land use in the Delta are to do all of the following:
(1) Protect, maintain, enhance, and, where feasible, restore the overall quality of the Delta environment and its natural and artificial resources.
(2) Ensure the utilization and conservation of Delta resources, taking into account the social and economic needs of the people of the state.
(3) Maximize public access to Delta resources and maximize public recreational opportunities in the Delta consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
(4) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the Delta.
(5) Develop new or improved aquatic and terrestrial habitat and protect existing habitats to advance the goal of restoring and enhancing the Delta ecosystem.
(6) Improve water quality to protect human health and the environment consistent with achieving water quality objectives in the Delta.
(d) This section shall become operative on July 1, 2020.

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.
(b) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

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.
(b) This section shall become operative on July 1, 2020.

SEC. 17.

 Section 85057 of the Water Code is amended to read:

85057.
 (a)  “Council” means the Delta Stewardship Council established in Section 85200.
(b) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

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. 19.

 Chapter 1.1 (commencing with Section 85206) is added to Part 3 of Division 35 of the Water Code, to read:

CHAPTER  1.1. Authority of Delta Protection Commission
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.
(b) Any reference in any code to the Delta Stewardship Council or to the executive officer of that council shall be deemed a reference to the commission or to the chairperson of the commission, respectively.
85207.
 This chapter shall become operative on July 1, 2020.

SEC. 20.

 Section 85300.5 is added to the Water Code, to read:

85300.5.
 (a) The commission shall establish and oversee a committee of agencies responsible for implementing the Delta Plan. Each agency shall coordinate its actions pursuant to the Delta Plan with the commission and the other relevant agencies.
(b) This section shall become operative on July 1, 2020.

SEC. 25.SEC. 21.

 Section 85301 of the Water Code is amended to read:

85301.
 (a) The commission shall develop, for consideration and incorporation into the Delta Plan by the council, a proposal to protect, enhance, and sustain the unique cultural, historical, recreational, agricultural, and economic values of the Delta as an evolving place, in a manner consistent with the coequal goals. For the purpose of carrying out this subdivision, the commission may include in the proposal the relevant strategies described in the Strategic Plan.
(b) (1) The commission shall include in the proposal a plan to establish state and federal designation of the Delta as a place of special significance, which may include application for a federal designation of the Delta as a National Heritage Area.
(2) The commission shall include in the proposal a regional economic plan to support increased investment in agriculture, recreation, tourism, and other resilient land uses in the Delta. The regional economic plan shall include detailed recommendations for the administration of the Delta Investment Fund created by Section 29778.5 of the Public Resources Code.
(c) For the purposes of assisting the commission in its preparation of the proposal, both of the following actions shall be undertaken:
(1) The Department of Parks and Recreation shall prepare a proposal, for submission to the commission, to expand within the Delta the network of state recreation areas, combining existing and newly designated areas. The proposal may incorporate appropriate aspects of any existing plans, including the Central Valley Vision Implementation Plan adopted by the Department of Parks and Recreation.
(2) The Department of Food and Agriculture shall prepare a proposal, for submission to the commission, to establish market incentives and infrastructure to protect and enhance the economic and public values of Delta agriculture.
(d) The commission shall submit the proposal developed pursuant to subdivision (a) to the council. The council shall consider the proposal and may include any portion of the proposal in the Delta Plan if the council, in its discretion, determines that the portion of the proposal is feasible and consistent with the objectives of the Delta Plan and the purposes of this division.
(e) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.

SEC. 22.

 Section 85301 is added to the Water Code, to read:

85301.
 (a) Subject to subdivision (d), the commission shall develop and incorporate into the Delta Plan a proposal to protect, enhance, and sustain the unique cultural, historical, recreational, agricultural, and economic values of the Delta as an evolving place, in a manner consistent with the coequal goals. For the purpose of carrying out this subdivision, the commission may include in the proposal the relevant strategies described in the Strategic Plan.
(b) (1) The commission shall include in the proposal a plan to establish state and federal designation of the Delta as a place of special significance, which may include application for a federal designation of the Delta as a National Heritage Area.
(2) The commission shall include in the proposal a regional economic plan to support increased investment in agriculture, recreation, tourism, and other resilient land uses in the Delta. The regional economic plan shall include detailed plans for the administration of the Delta Investment Fund created by Section 29778.5 of the Public Resources Code.
(c) For the purposes of assisting the commission in its preparation of the proposal, both of the following actions shall be undertaken:
(1) The Department of Parks and Recreation shall prepare a proposal, for submission to the commission, to expand within the Delta the network of state recreation areas, combining existing and newly designated areas. The proposal may incorporate appropriate aspects of any existing plans, including the Central Valley Vision Implementation Plan adopted by the Department of Parks and Recreation.
(2) The Department of Food and Agriculture shall prepare a proposal, for submission to the commission, to establish market incentives and infrastructure to protect and enhance the economic and public values of Delta agriculture.
(d) The commission shall not incorporate the proposal developed pursuant to subdivision (a) into the Delta Plan unless the commission determines that the proposal is feasible and consistent with the objectives of the Delta Plan and the purposes of this division.
(e) This section shall become operative on July 1, 2020.
SEC. 23.
 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.