DIVISION 19.5. DELTA PROTECTION ACT OF 1992 [29700. - 29780.]

Division 19.5 added by Stats. 1992, Ch. 898, Sec. 2.

§§ 29700–29780 · 73 sections

1. CHAPTER 1. Findings and Declarations §§ 29700–29716 · 18 sections

   • § 29700 This division shall be known, and may be cited, as the Johnston-Baker-Andal-Boatwright Delta Protection Act of 1992.
   • § 29701 The Legislature finds and declares that the Sacramento-San Joaquin Delta is a natural resource of statewide, national, and international significance,…
   • § 29702 The Legislature further finds and declares that the basic goals of the state for the Delta are the following: (a) Achieve the two coequal goals of providing a…
   • § 29703 The Legislature further finds and declares as follows: (a) The delta is an agricultural region of great value to the state and nation and the retention and…
   • § 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…
   • § 29704 The Legislature further finds and declares that the leveed islands and tracts of the delta and portions of its uplands are floodprone areas of critical…
   • § 29705 The Legislature further finds and declares that the delta’s wildlife and wildlife habitats, including waterways, vegetated unleveed channel islands, wetlands,…
   • § 29706 The Legislature further finds and declares that the resource values of the delta have deteriorated, and that further deterioration threatens the maintenance…
   • § 29707 The Legislature further finds and declares that there is no process by which state and national interests and values can be protected and enhanced for the…
   • § 29708 The Legislature further finds and declares that the cities, towns, and settlements within the delta are of significant historical, cultural, and economic value…
   • § 29709 The Legislature further finds and declares as follows: (a) Regulation of land use and related activities that threaten the integrity of the delta’s resources…
   • § 29710 The Legislature further finds and declares that agricultural, recreational, and other uses of the delta can best be protected by implementing projects that…
   • § 29711 The Legislature further finds and declares that the inland ports of Sacramento and Stockton constitute economic and water dependent resources of statewide…
   • § 29712 The Legislature further finds and declares as follows: (a) The delta’s waterways and marinas offer recreational opportunities of statewide and local…
   • § 29713 The Legislature further finds and declares that the voluntary acquisition of wildlife and agricultural conservation easements in the delta promotes and…
   • § 29714 The Legislature further finds and declares that, in enacting this division, it is not the intent of the Legislature to authorize any governmental agency acting…
   • § 29715 To the extent of any conflict or inconsistency between this division and any provision of the Water Code, the provisions of the Water Code shall prevail.
   • § 29716 Nothing in this division authorizes the commission to exercise any jurisdiction over matters within the jurisdiction of, or to carry out its powers and duties…
2. CHAPTER 2. Definitions §§ 29720–29734 · 18 sections

   • § 29720 Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.
   • § 29720.5 “Aggrieved person” has the same meaning as defined in Section 29117.
   • § 29721 “Commission” means the Delta Protection Commission created by Section 29735.
   • § 29722 “Delta” means the Sacramento-San Joaquin Delta, as defined in Section 12220 of the Water Code, for all provisions of this division, other than Chapter 3…
   • § 29722.5 “Delta Plan” means the plan adopted by the Delta Stewardship Council pursuant to Section 85300 of the Water Code.
   • § 29722.7 “Economic sustainability plan” means the plan adopted by the commission pursuant to Section 29759.
   • § 29723 (a) “Development” means on, in, over, or under land or water, the placement or erection of any solid material or structure; discharge of any dredged material…
   • § 29724 “Local agency” means any local agency, other than a local government, formed pursuant to general law or special act for the local performance of governmental…
   • § 29725 “Local government” means the Counties of Contra Costa, Sacramento, San Joaquin, Solano, and Yolo, and the Cities of Sacramento, Stockton, Tracy, Antioch,…
   • § 29726 “Pacific Flyway” means the identified migratory bird flight path, including feeding and nesting habitat, as described in the Central Valley Habitat Joint…
   • § 29727 “Port” means the Port of Sacramento and the Port of Stockton, including all the land owned or leased by those ports, or potential sites identified in the Delta…
   • § 29728 “Primary zone” means the delta land and water area of primary state concern and statewide significance which is situated within the boundaries of the delta, as…
   • § 29728.5 “Resources management plan” means the plan adopted by the commission pursuant to Section 29760.
   • § 29730 “Restoration” means actions which return a degraded or deteriorated area to a level of increased productivity, environmental quality, or beneficial values.
   • § 29731 “Secondary zone” means all the delta land and water area within the boundaries of the delta not included within the primary zone, subject to the land use…
   • § 29732 “Sphere of influence line” refers to those boundaries of local governments as defined in Sections 56425 and 56426 of the Government Code.
   • § 29733 “Unincorporated towns” means the communities of Walnut Grove, Clarksburg, Courtland, Hood, Locke, Knightsen, Collinsville, and Ryde.
   • § 29734 “Urban limit line” means that general plan line established and approved by any local government within the delta which delineates boundaries beyond which…
3. CHAPTER 3. Organization §§ 29735–29741 · 8 sections

   • § 29735 There is hereby created the Delta Protection Commission consisting of 15 members as follows: (a) One member of the board of supervisors, or his or her…
   • § 29735.1 (a) A member of the commission described in subdivision (a) of Section 29735 may, subject to the confirmation of his or her appointing power, appoint an…
   • § 29736 The appointed members of the commission shall serve at the pleasure of their appointing entities.
   • § 29737 Members shall serve without compensation, but the expenses of each member incurred in connection with official duties shall be paid by the commission.
   • § 29738 The office of an appointed member of the commission is vacated upon the loss of any qualification required for appointment, and in that event the appointing…
   • § 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…
   • § 29740 One nonvoting member who shall be a Member of the Senate, appointed by the Senate Committee on Rules, and one nonvoting member who shall be a Member of the…
   • § 29741 The time and place of the first meeting of the commission, on and after January 1, 2010, shall be prescribed by the Governor, but in no event shall it be…
4. CHAPTER 4. Powers and Duties of the Commission §§ 29750–29759 · 11 sections

   • § 29750 The commission shall meet at least bimonthly. All meetings shall be open to the public as required by law. Notice of the time and place of all regular and…
   • § 29751 A majority of the voting members of the commission shall constitute a quorum for the transaction of the business of the commission. A majority vote of the…
   • § 29752 The commission shall adopt its own rules, regulations, and procedures necessary for its organization and operation, and shall conduct its meetings in…
   • § 29753 (a) The commission shall appoint at least one advisory committee to provide recommendations regarding the diverse interests within the Delta. At a minimum, the…
   • § 29754 The commission shall establish and maintain an office within the Delta or the City of Rio Vista, and for this purpose the commission may rent or own property…
   • § 29755 The commission shall appoint, and fix the salary of, an executive director who shall have charge of administering the affairs of the commission, including…
   • § 29756 The commission may promote, facilitate, and administer the acquisition of voluntary private and public wildlife and agricultural conservation easements in the…
   • § 29756.5 The commission may act as the facilitating agency for the implementation of any joint habitat restoration or enhancement programs located within the primary…
   • § 29757 The commission may apply for and accept federal grants or other federal funds and receive gifts, donations, rents, royalties, state funds derived from bond…
   • § 29758 All members of the commission are subject to Title 9 (commencing with Section 85100) of the Government Code.
   • § 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…
5. CHAPTER 5. Resource Management Plan §§ 29760–29767 · 10 sections

   • § 29760 (a) Not later than October 1, 1994, the commission shall prepare and adopt, by a majority vote of the membership of the commission, and thereafter review and…
   • § 29761 The commission shall adopt, by a majority vote, the economic sustainability plan and each plan update after at least three public hearings, with at least one…
   • § 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…
   • § 29763 Within 180 days from the date of the adoption of the resources management plan or any amendments, changes, or updates, to the resources management plan by the…
   • § 29763.5 The commission shall act on proposed local government general plan amendments within 60 days from the date of submittal of the proposed amendments. The…
   • § 29763.8 A local government shall adopt its proposed general plan amendments within 120 days after their approval by the commission.
   • § 29764 Land use authority granted to the commission by this division is limited to the primary zone, and shall not preempt local government general plans for lands…
   • § 29765 Prior to the commission approving the general plan amendments of the local government, the local government may approve development within the primary zone…
   • § 29766 Nothing in this division shall deny the right of private or public property owners and local governments to establish agriculture preserves and enter into…
   • § 29767 The commission may not exercise the power of eminent domain in implementing the resource management plan, unless requested by the landowner.
6. CHAPTER 6. Appeal and Judicial Review §§ 29770–29773 · 4 sections

   • § 29770 (a) Any person who is aggrieved by any action taken by a local government or other local agency in implementing the resource management plan, or otherwise…
   • § 29771 After a hearing on an appealed action pursuant to Section 29770, the commission shall either deny the appeal or remand the matter to the local government or…
   • § 29772 An aggrieved person may seek judicial review of any action taken by the commission in adopting the resource management plan or any action taken by a local…
   • § 29773 (a) The commission may review and provide comments and recommendations to the Delta Stewardship Council on any significant project or proposed project within…
7. CHAPTER 7. Financial Provisions §§ 29776–29778.5 · 3 sections

   • § 29776 The Sacramento-San Joaquin Delta Protection Fund is hereby created in the State Treasury. Any money in the Sacramento-San Joaquin Delta Protection Fund is…
   • § 29777 The commission shall not incur costs in excess of the amount of funds available for expenditure by the commission in any fiscal year.
   • § 29778.5 The Delta Investment Fund is hereby created in the State Treasury. Any funds within the Delta Investment Fund shall be available, upon appropriation by the…
8. CHAPTER 8. Annual Report § 29780 · 1 section

   • § 29780 On January 1 of each year, the commission shall submit to the Governor and the Legislature a report describing the progress that has been made in achieving the…