TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION [66600. - 66694.]
Title 7.2 added by Stats. 1965, Ch. 1162.
§§ 66600–66694 · 92 sections
CHAPTER 1. Findings and Declarations of Policy §§ 66600–66607 · 11 sections
- § 66600 The Legislature hereby finds and declares that the public interest in the San Francisco Bay is in its beneficial use for a variety of purposes; that the public…
- § 66601 The Legislature further finds and declares that uncoordinated, haphazard filling in San Francisco Bay threatens the bay itself and is therefore inimical to the…
- § 66602 The Legislature further finds and declares that certain water-oriented land uses along the bay shoreline are essential to the public welfare of the bay area,…
- § 66602.1 The Legislature further finds and declares that areas diked off from the bay and used as saltponds and managed wetlands are important to the bay area in that,…
- § 66603 The Legislature further finds and declares that the San Francisco Bay Conservation and Development Commission, treating the entire bay as a unit, has made a…
- § 66604 The Legislature further finds and declares that in order to protect the present shoreline and body of the San Francisco Bay to the maximum extent possible, it…
- § 66605 The Legislature further finds and declares: (a) That further filling of San Francisco Bay and certain waterways specified in subdivision (e) of Section 66610…
- § 66605.1 The Legislature finds that in order to make San Francisco Bay more accessible for the use and enjoyment of people, the bay shoreline should be improved,…
- § 66606 The Legislature hereby finds and declares that this title is not intended, and shall not be construed, as authorizing the commission to exercise its power to…
- § 66606.6 Nothing in this title shall deny the right of private property owners and local governments to establish agricultural preserves and enter into contracts…
- § 66607 If any provision of this title or the application thereof in any circumstance or to any person or public agency is held invalid, the remainder of this title or…
CHAPTER 2. Definition of San Francisco Bay §§ 66610–66611 · 2 sections
- § 66610 For the purposes of this title, the area of jurisdiction of the San Francisco Bay Conservation and Development Commission includes: (a) San Francisco Bay,…
- § 66611 No later than December 1, 1971, the commission, after public hearing, of which adequate descriptive notice is given, shall adopt and file with the Governor and…
CHAPTER 3. San Francisco Bay Conservation and Development Commission §§ 66620–66625 · 6 sections
- § 66620 The San Francisco Bay Conservation and Development Commission is hereby created. The commission shall consist of 27 members, as follows: (a) One member…
- § 66621 (a) One Member of the Senate, appointed by the Senate Rules Committee, and one Member of the Assembly, appointed by the Speaker of the Assembly, shall meet…
- § 66622 The members of the commission shall serve at the pleasure of their respective appointing powers. The members shall serve without compensation, but each of the…
- § 66623 The Governor shall select, from among public representatives on the commission appointed pursuant to subdivision (j) of Section 66620, a chairperson and a vice…
- § 66624 The time and place of the first meeting of the commission shall be prescribed by the Governor, but, in no event, shall it be scheduled for a date later than 10…
- § 66625 The headquarters of the commission shall be in the City and County of San Francisco.
CHAPTER 4. Powers and Duties of the Commission §§ 66630–66648 · 30 sections
- § 66630 The commission shall make a continuing review of all the matters referred to in Section 66603 and Section 66651.
- § 66631 In making the review, the commission shall cooperate to the fullest extent possible with the Association of Bay Area Governments; and shall, to the fullest…
- § 66632 (a) Any person or governmental agency wishing to place fill, to extract materials, or to make any substantial change in use of any water, land or structure,…
- § 66632.1 Nothing in this title shall apply to any project where necessary local governmental approval and a Department of the Army Corps of Engineers permit have been…
- § 66632.2 (a) The owner or operator of any public service facilities need not obtain a permit from the commission for the construction within or upon any public highway…
- § 66632.4 Within any portion or portions of the shoreline band that are located outside the boundaries of water-oriented priority land uses, as fixed and established…
- § 66633 The commission may: (a) Accept grants, contributions, and appropriations from any public agency, private foundation, or individual. (b) Appoint committees from…
- § 66633.1 The Legislature finds and declares that because the San Francisco Bay Conservation and Development Commission must rely on the expertise provided by volunteer…
- § 66634 The commission shall, in addition to any funds which the Legislature may appropriate for planning activities of the commission, take whatever steps are…
- § 66635 The commission shall appoint an executive director who shall have charge of administering the affairs of the commission, subject to the direction and policies…
- § 66636 Within a reasonable time, but not to exceed one year from the date of the first meeting of the commission, the chairman of the commission, in collaboration…
- § 66637 (a) When the executive director determines that a person or governmental agency has undertaken, or is threatening to undertake, an activity that (1) may…
- § 66638 (a) When the commission, after public hearing, determines that a person or governmental agency has undertaken, or is threatening to undertake, an activity that…
- § 66639 (a) Within 30 days after service of a copy of a cease and desist order issued by the executive director under Section 66637 or the commission under Section…
- § 66640 (a) Upon the failure of a person to comply with a permit or a cease and desist order issued by the executive director or the commission, or with any provision…
- § 66640.1 The commission shall create and implement all of the following by the end of the 2020–21 fiscal year: (a) A procedure to ensure that managers perform a…
- § 66641 (a) Any person or governmental agency who intentionally or negligently violates any cease and desist order issued, reissued, or amended by the commission or…
- § 66641.5 (a) In addition to any other penalties, any person or entity who violates this title is subject to a civil penalty of not to exceed thirty thousand dollars…
- § 66641.6 (a) The executive director of the commission may issue a complaint to any person or entity on whom administrative civil liability may be imposed pursuant to…
- § 66641.7 (a) Within 30 days after service of an order issued under Section 66641.6, any aggrieved party may file with the superior court a petition for writ of mandate…
- § 66641.8 No person shall be subject to both civil liability imposed under Section 66641.6 and civil liability imposed by the superior court under Section 66641.5 for…
- § 66641.9 (a) In determining the amount of administrative civil liability, the commission shall take into consideration the nature, circumstance, extent, and gravity of…
- § 66642 (a) Every civil action brought under the provisions of this division at the request of the commission shall be brought by the Attorney General in the name of…
- § 66643 The commission may hold any hearings and conduct any investigations in any part of the state necessary to carry out the powers vested in it, and for such…
- § 66645 (a) In addition to the provisions of Sections 25302, 25500, 25507, 25508, 25514, 25516.1, 25519, 25523, and 25526 of the Public Resources Code, the provisions…
- § 66646 Notwithstanding any other provision of this title, except subdivisions (b) and (c) of Section 66645, and notwithstanding any provision of Division 19…
- § 66646.1 The Legislature finds that the State Water Resources Control Board and the California Regional Water Quality Control Board for the San Francisco Bay Region…
- § 66646.2 The San Francisco Bay Conservation and Development Commission, in coordination with local governments, regional councils of government, and other agencies and…
- § 66647 (a) There is in the State Treasury a Bay Fill Clean-up and Abatement Fund. All moneys from the following sources are to be paid into the fund: (1) All moneys…
- § 66648 Fees collected by the commission pursuant to conditions imposed on permit applicants to mitigate the adverse impacts of permitted development, and any funds…
CHAPTER 5. The San Francisco Bay Plan and Further Reports of the Commission §§ 66650–66661 · 13 sections
- § 66650 This title shall be known and may be cited as the McAteer-Petris Act.
- § 66651 Pursuant to this title the commission has adopted and submitted to the Governor and the Legislature the San Francisco Bay Plan, a comprehensive plan containing…
- § 66652 The commission at any time may amend, or repeal and adopt a new form of, all or any part of the San Francisco Bay Plan but such changes shall be consistent…
- § 66653 If a function or activity is within the area of the commission’s jurisdiction and requires the securing of a permit, the commission shall exercise its power to…
- § 66654 Within the area of the commission’s jurisdiction under subdivisions (b), (c) and (d) of Section 66610, any uses which are in existence on the effective date of…
- § 66655 If, prior to September 1, 1969, any city or county has adopted an ordinance or issued a permit authorizing a particular use or uses within the areas defined in…
- § 66656 (a) Any person claiming an exemption from the permit requirements of Section 66632 for placement of fill within the area of the commission’s jurisdiction under…
- § 66657 In eminent domain or inverse condemnation proceedings for any property within the area of the commission’s jurisdiction, in determining “just compensation,” as…
- § 66658 Until the termination of the existence of the commission, it shall have all powers and duties prescribed by Chapters 1 (commencing with Section 66600) to 4…
- § 66659 The commission shall continue in existence until such time as the Legislature provides for the termination of the existence of the commission or for the…
- § 66660 The commission shall make a supplemental report, or reports, containing all of the following: (a) The results of any continued or further studies made by the…
- § 66660.1 Notwithstanding any provision of this title to the contrary, the jurisdiction of the commission, except for the control of fill or extraction of materials…
- § 66661 The commission shall annually file a supplemental report with the Governor and the Legislature by the fifth legislative day of each regular session of the…
CHAPTER 5.5. San Francisco Bay Dredging §§ 66663–66666 · 12 sections
ARTICLE 1. Findings and Declarations §§ 66663–66663.3 · 4 sections
- § 66663 The Legislature hereby finds and declares that because of the shallowness and high rate of sedimentation of the San Francisco Bay, dredging is essential to…
- § 66663.1 The Legislature further finds and declares that it is in the interest of the state to accomplish the following: (a) Establish the relative importance of…
- § 66663.2 The Legislature further finds and declares that the United States Army Corps of Engineers, the Environmental Protection Agency, the State Water Resources…
- § 66663.3 The Legislature finds and declares that the commission should avoid duplication of effort in carrying out its role in the Long Term Management Strategy by…
ARTICLE 2. Definitions §§ 66664–66664.6 · 7 sections
- § 66664 “Bay” means all portions of San Francisco Bay, as defined in subdivision (a) of Section 66610.
- § 66664.1 “Commission” means the San Francisco Bay Conservation and Development Commission.
- § 66664.2 “Delta” means the Sacramento-San Joaquin Delta, as described in Section 12220 of the Water Code.
- § 66664.3 “Dredged material disposal” means the placement of material extracted by dredging.
- § 66664.4 “Dredging” means the extraction of sand, mud, or other materials from San Francisco Bay, its tributaries, the delta, or coastal state waters.
- § 66664.5 “Reuse” means the use of dredged material as a construction material or for some other beneficial purpose.
- § 66664.6 “Upland disposal” means disposal of dredged material in areas not subject to tidal action.
ARTICLE 3. Implementation § 66666 · 1 section
- § 66666 No provision of this chapter shall be construed to change any existing regulatory authority under Division 6 (commencing with Section 6001), Division 7…
CHAPTER 6. White Slough Protection and Development §§ 66670–66682 · 13 sections
- § 66670 This chapter shall be known and may be cited as the White Slough Protection and Development Act.
- § 66671 The Legislature hereby finds and declares that the area of White Slough, consisting of at least 336 acres of tidal wetlands, 132 acres of tidally influenced…
- § 66672 The Legislature further finds and declares that the area of White Slough was not within the jurisdiction of the San Francisco Bay Conservation and Development…
- § 66673 The Legislature further finds and declares that the breaches in the Napa River levees have caused a major sewerline to be covered by tidal waters, which could…
- § 66674 The Legislature further finds and declares that it is in the public interest to provide flood protection to the residents and property surrounding White…
- § 66675 The Legislature further finds and declares that use of State Highway Route 37 now exceeds the highway’s capacity, and that widening of the highway to four…
- § 66676 The Legislature further finds and declares as follows: (a) The provisions of this chapter are required because of extraordinary circumstances which have…
- § 66677 The Legislature further finds and declares that, in order to preserve the integrity and to assure the continued wildlife use of White Slough, to provide…
- § 66678 As used in this chapter, the following terms have the following meanings: (a) “City” means the City of Vallejo. (b) “Commission” means the San Francisco Bay…
- § 66679 (a) The city, in consultation with the county, the commission, the department, and other affected local, state, and federal agencies, has previously prepared a…
- § 66680 The commission shall review and approve, or disapprove, the plan on the basis of whether the plan provides all of the following: (a) Permanent protection and…
- § 66681 The plan shall be implemented as follows: (a) The city and the county shall adopt the relevant provisions of the plan into their general and specific plans,…
- § 66682 The commission shall issue a permit for all, or any portion, of the White Slough Project only if the commission finds that the work is consistent with the…
CHAPTER 7. San Francisco Bay Area Water Trail §§ 66690–66694 · 5 sections
- § 66690 This chapter shall be known, and may be cited as, the San Francisco Bay Area Water Trail Act.
- § 66691 The Legislature finds and declares the following: (a) The public has an interest in the San Francisco Bay and the surrounding watershed lands as one of the…
- § 66692 (a) For the purposes of this chapter, the area referred to as the San Francisco Bay Area includes the nine Bay Area counties and navigable waters and…
- § 66693 (a) The San Francisco Bay Area Water Trail is hereby established. (b) The San Francisco Bay Area Water Trail shall be developed in a timely manner. (c) The San…
- § 66694 (a) The commission shall conduct a public process to develop a San Francisco Bay Area Water Trail Plan for the San Francisco Bay Area. The plan shall make…