DIVISION 35. SACRAMENTO-SAN JOAQUIN DELTA REFORM ACT OF 2009 [85000. - 85360.]
Division 35 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39.
§§ 85000–85360 · 72 sections
PART 1. GENERAL PROVISIONS §§ 85000–85067 · 27 sections
CHAPTER 1. Short Title and Legislative Findings §§ 85000–85004 · 5 sections
- § 85000 This division shall be known, and may be cited, as the Sacramento-San Joaquin Delta Reform Act of 2009.
- § 85001 The Legislature finds and declares all of the following: (a) The Sacramento-San Joaquin Delta watershed and California’s water infrastructure are in crisis and…
- § 85002 The Legislature finds and declares that the Sacramento-San Joaquin Delta, referred to as “the Delta” in this division, is a critically important natural…
- § 85003 The Legislature finds and declares all of the following: (a) Originally, the Delta was a shallow wetland with water covering the area for many months of the…
- § 85004 The Legislature finds and declares all of the following: (a) The economies of major regions of the state depend on the ability to use water within the Delta…
CHAPTER 2. Delta Policy §§ 85020–85023 · 4 sections
- § 85020 The policy of the State of California is to achieve the following objectives that the Legislature declares are inherent in the coequal goals for management of…
- § 85021 The policy of the State of California is to reduce reliance on the Delta in meeting California’s future water supply needs through a statewide strategy of…
- § 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…
- § 85023 The longstanding constitutional principle of reasonable use and the public trust doctrine shall be the foundation of state water management policy and are…
CHAPTER 3. Miscellaneous Provisions §§ 85031–85034 · 3 sections
- § 85031 (a) This division does not diminish, impair, or otherwise affect in any manner whatsoever any area of origin, watershed of origin, county of origin, or any…
- § 85032 This division does not affect any of the following: (a) The Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division…
- § 85034 (a) (1) The council shall administer all contracts, grants, easements, and agreements made or entered into by the California Bay-Delta Authority under Division…
CHAPTER 4. Definitions §§ 85050–85067 · 15 sections
- § 85050 Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this division.
- § 85051 “Acquisition” means the acquisition of a fee interest or any other interest, including easements, leases, and development rights.
- § 85052 “Adaptive management” means a framework and flexible decisionmaking process for ongoing knowledge acquisition, monitoring, and evaluation leading to continuous…
- § 85053 “Bay Delta Conservation Plan” or “BDCP” means a multispecies conservation plan.
- § 85054 “Coequal goals” means the two goals of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. The…
- § 85055 “Commission” means the Delta Protection Commission established in Division 19.5 (commencing with Section 29700) of the Public Resources Code.
- § 85056 “Conservancy” means the Sacramento-San Joaquin Delta Conservancy established in Section 32320 of the Public Resources Code.
- § 85057 “Council” means the Delta Stewardship Council established in Section 85200.
- § 85057.5 (a) “Covered action” means a plan, program, or project as defined pursuant to Section 21065 of the Public Resources Code that meets all of the following…
- § 85058 “Delta” means the Sacramento-San Joaquin Delta as defined in Section 12220 and the Suisun Marsh, as defined in Section 29101 of the Public Resources Code.
- § 85059 “Delta Plan” means the comprehensive, long-term management plan for the Delta as adopted by the council in accordance with this division.
- § 85060 “Delta watershed” means the Sacramento River Hydrologic Region and the San Joaquin River Hydrologic Region as described in the department’s Bulletin No. 160-05.
- § 85064 “Public water agency” means a public entity, as defined in Section 514, that provides water service, as defined in Section 515.
- § 85066 “Restoration” means the application of ecological principles to restore a degraded or fragmented ecosystem and return it to a condition in which its biological…
- § 85067 “Strategic Plan” means both the “Delta Vision Strategic Plan” issued by the Delta Vision Blue Ribbon Task Force on October 17, 2008, and the “Delta Vision…
PART 2. EARLY ACTIONS §§ 85080–85089 · 9 sections
- § 85080 The council shall appoint a Delta Independent Science Board in accordance with Section 85280.
- § 85082 The council shall develop and implement a strategy to appropriately engage participation of the federal agencies with responsibilities in the Delta. This…
- § 85084 The council shall develop an interim plan that includes recommendations for early actions, projects, and programs.
- § 85084.5 The Department of Fish and Game, in consultation with the United States Fish and Wildlife Service and the National Marine Fisheries Service and based on the…
- § 85085 The department shall do all of the following: (a) Coordinate with the Department of Fish and Game, the board, the California regional water quality control…
- § 85086 (a) The board shall establish an effective system of Delta watershed diversion data collection and public reporting by December 31, 2010. (b) It is the intent…
- § 85087 The board, by December 31, 2010, shall submit to the Legislature a prioritized schedule and estimate of costs to complete instream flow studies for the Delta…
- § 85088 Until the board issues an order approving a change in the point of diversion of the State Water Project and the federal Central Valley Project from the…
- § 85089 Construction of a new Delta conveyance facility shall not be initiated until the persons or entities that contract to receive water from the State Water…
PART 3. DELTA GOVERNANCE §§ 85200–85280 · 20 sections
CHAPTER 1. Delta Stewardship Council §§ 85200–85204 · 5 sections
- § 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…
- § 85201 (a) The chairperson shall serve full time. Other members shall serve one-third time. The council may select a vice chairperson and other officers determined to…
- § 85202 Council members shall possess diverse expertise and reflect a statewide perspective. It is the intent of the Legislature that the council appointees have…
- § 85203 The headquarters of the council shall be located in Sacramento.
- § 85204 The council shall establish and oversee a committee of agencies responsible for implementing the Delta Plan. Each agency shall coordinate its actions pursuant…
CHAPTER 2. Mission, Duties, and Responsibilities of the Council §§ 85210–85214 · 6 sections
- § 85210 The council has all of the following powers: (a) To sue or be sued. (b) To enter into contracts. (c) To employ the services of public, nonprofit, and private…
- § 85210.5 A majority of the voting members of the council shall constitute a quorum for the transaction of the business of the council. A majority vote of the voting…
- § 85211 The Delta Plan shall include performance measurements that will enable the council to track progress in meeting the objectives of the Delta Plan. The…
- § 85212 The council shall review and provide timely advice to local and regional planning agencies regarding the consistency of local and regional planning documents,…
- § 85213 (a) The council may contract for consultant services and architectural and engineering services to assist the council with all of the following functions: (1)…
- § 85214 (a) It is the intent of the Legislature to avoid any actual or apparent conflict of interest with respect to contracts entered into by the council for work…
CHAPTER 3. Consistency of State and Local Public Agency Actions §§ 85225–85225.30 · 7 sections
- § 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…
- § 85225.5 To assist state and local public agencies in preparing the required certification, the council shall develop procedures for early consultation with the council…
- § 85225.10 (a) Any person who claims that a proposed covered action is inconsistent with the Delta Plan and, as a result of that inconsistency, the action will have a…
- § 85225.15 The appeal shall be filed no later than 30 days after the submission of the certification of consistency. If no person appeals the certification of…
- § 85225.20 The appeal shall be heard by the council within 60 days of the date of the filing of the appeal, unless the council, or by delegation the executive officer,…
- § 85225.25 After a hearing on an appealed action, the council shall make specific written findings either denying the appeal or remanding the matter to the state or local…
- § 85225.30 The council shall adopt administrative procedures governing appeals, which shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of…
CHAPTER 4. Delta Watermaster § 85230 · 1 section
- § 85230 (a) The board, in consultation with the council, shall appoint, for a term of four years, a special master for the Delta, whose title shall be “the Delta…
CHAPTER 5. Delta Independent Science Board and Delta Science Program § 85280 · 1 section
- § 85280 (a) The Delta Independent Science Board is hereby established in state government. (1) The Delta Independent Science Board shall consist of no more than 10…
PART 4. COMPREHENSIVE DELTA PLANNING §§ 85300–85360 · 16 sections
CHAPTER 1. The Delta Plan §§ 85300–85310 · 11 sections
- § 85300 (a) On or before January 1, 2012, the council shall develop, adopt, and commence implementation of the Delta Plan pursuant to this part that furthers the…
- § 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…
- § 85302 (a) The implementation of the Delta Plan shall further the restoration of the Delta ecosystem and a reliable water supply. (b) The geographic scope of the…
- § 85303 The Delta Plan shall promote statewide water conservation, water use efficiency, and sustainable use of water.
- § 85304 The Delta Plan shall promote options for new and improved infrastructure relating to the water conveyance in the Delta, storage systems, and for the operation…
- § 85305 (a) The Delta Plan shall attempt to reduce risks to people, property, and state interests in the Delta by promoting effective emergency preparedness,…
- § 85306 The council, in consultation with the Central Valley Flood Protection Board, shall recommend in the Delta Plan priorities for state investments in levee…
- § 85307 (a) The Delta Plan may identify actions to be taken outside of the Delta, if those actions are determined to significantly reduce flood risks in the Delta. (b)…
- § 85308 The Delta Plan shall meet all of the following requirements: (a) Be based on the best available scientific information and the independent science advice…
- § 85309 The department, in consultation with the United States Army Corps of Engineers and the Central Valley Flood Protection Board, shall prepare a proposal to…
- § 85310 The provisions of the Delta Plan are severable. If any provision of the Delta Plan is held invalid, that invalidity shall not affect other provisions or…
CHAPTER 2. Bay Delta Conservation Plan §§ 85320–85322 · 3 sections
- § 85320 (a) The Bay Delta Conservation Plan (BDCP) shall be considered for inclusion in the Delta Plan in accordance with this chapter. (b) The BDCP shall not be…
- § 85321 The BDCP shall include a transparent, real-time operational decisionmaking process in which fishery agencies ensure that applicable biological performance…
- § 85322 This chapter does not amend, or create any additional legal obligation or cause of action under, Chapter 10 (commencing with Section 2800) of Division 3 of the…
CHAPTER 3. Other Plans for the Delta § 85350 · 1 section
- § 85350 The council may incorporate other completed plans related to the Delta into the Delta Plan to the extent that the other plans promote the coequal goals.
CHAPTER 4. Legal Action § 85360 · 1 section
- § 85360 (a) A legal challenge to the council’s adoption or amendment of the Delta Plan or its appeals procedures adopted pursuant to Section 85225.30 shall be brought…