Signed by Governor Arnold Schwarzenegger

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that abolishes the California Bay-Delta Authority and replaces it with the Delta Stewardship Council as the chief governing body of the Sacramento-San Joaquin Delta.

Highlights:

-Establishes the Delta Stewardship Council as an independent agency of the state, with a governing board consisting of the members (Sec. 39):

• 4 members appointed by the Governor and confirmed by the Senate;
• 1 member appointed by the Senate Committee on Rules;
• 1 member appointed by the Speaker of the Assembly; and
• Chairperson of the Delta Protection Commission.

-Establishes the powers and duties of the Delta Stewardship Council, including, but not limited to, the following (Sec. 39):

• Develop, adopt, and commence implementation of the Delta Plan by January 1, 2012, for the purpose of restoring the Delta ecosystem and a reliable water supply;
• Employ the services of public, nonprofit, and private entities;
• Employ its own legal staff or contract with other state or federal agencies for legal services, or both;
• Receive funds from private and public sources;
• Disburse funds through grants, public assistance, loans, and contracts; and
• Comment on state agency environmental impact reports for projects outside of the Delta that the council determines will have a significant impact on the Delta.

-Requires the Delta Plan, adopted by the Delta Stewardship Council, to establish measures that promote the following (Sec. 39):

• Reasonable and beneficial uses of water;
• Sustaining the economic vitality of the state;
• Improving water quality to protect human health and the environment;
• Improving water quality to meet drinking water, agriculture, and ecosystem long-term goals;
• Effective emergency preparedness, appropriate land uses, and strategic levee investments;
• Statewide water conservation, water use efficiency, and sustainable use of water;
• Options for new and improved infrastructure relating to the water conveyance in the Delta and storage systems;
• Viable populations of native resident and migratory species;
• Functional corridors for migratory species;
• Diverse and biologically appropriate habitats and ecosystem processes;
• Reduced threats and stresses on the Delta ecosystem;
• Conditions conducive to meeting or exceeding the goals in existing species recovery plans and state and federal goals with respect to doubling salmon populations;
• Restoring large areas of interconnected habitats within the Delta and its watershed by 2100;
• Establishing migratory corridors for fish, birds, and other animals along selected Delta river channels;
• Restoring Delta flows and channels to support a healthy estuary and other ecosystems; and
• Restoring habitat necessary to avoid a net loss of migratory bird habitat and, where feasible, increase migratory bird habitat.

-Requires the Delta Plan include quantified or otherwise measurable targets for achieving the objectives of the Delta Plan (Sec. 39). -Establishes the position of "Delta Watermaster" to serve as the enforcement officer for the State Water Resources Control Board with respect to diversions of water in the Delta and the terms and conditions of the orders and license of the Board that apply to conditions of the Delta (Sec. 39). -Establishes the Delta Independent Science Board, consisting of 10 members of the scientific community appointed by the Delta Stewardship Council, to provide oversight of scientific research, monitoring, and assessment programs, and make recommendations to the Council (Sec. 39). -Establishes the Sacramento-San Joaquin Delta Conservancy within the Natural Resources Agency, with a governing board consisting of the following 11 voting members (Sec. 37):

• 2 members appointed by the Governor and confirmed by the Senate;
• 1 member appointed by the Senate Committee on Rules;
• 1 member appointed by Speaker of the Assembly;
• 1 resident of Contra Costa County, appointed by the County Board of Supervisors;
• 1 resident of Sacramento County, appointed by the County Board of Supervisors;
• 1 resident of San Joaquin County, appointed by the County Board of Supervisors;
• 1 resident of Solano County, appointed by the County Board of Supervisors;
• 1 resident of Yolo County, appointed by the County Board of Supervisors;
• Secretary of the Natural Resources Agency, or the Secretary's designee; and
• Director of Finance, or the Director's designee.

-Establishes the powers and duties of the Sacramento-San Joaquin Delta Conservancy, including, but not limited to, the following (Sec. 37):

• Adopt a strategic plan within 2 years of hiring an Executive Officer that is consistent with the Delta Plan, the Delta Protection Commission's Resources Management Plan, Central Valley Flood Protection Plan, the Suisun Marsh Preservation Act of 1977, and the Habitat Management, Preservation and Restoration Plan for the Suisun Marsh;
• Acquire water or water rights;
• Engage in partnerships with nonprofit organizations, local public agencies, and landowners;
• Provide grants and loans to state agencies, local public libraries, and nonprofit organizations;
• Require a cost-sharing or local funding requirement for a grant;
• Acquire interests in real property and improve, lease, or transfer interests in real property;
• Enter into agreements with public agencies, nonprofit organizations, or private entities for the construction, management, or maintenance of facilities;
• Pursue and accept funds from various public and private sources;
• Accept fees levied by others;
• Establish and manage endowments; and
• Provide technical information, expertise, or other assistance to public agencies, nonprofit organizations, and tribal organizations.

-Prohibits the Sacramento-San Joaquin Delta Conservancy from exercising the power of eminent domain (Sec. 37). -Amends the membership of the Delta Protection Commission as follows (Sec. 9):

• Existing law (23 members):
  -5 members from the 5 Delta County Boards of Supervisors;
  • 5 members from the 5 reclamation districts;
  • 3 elected city council members from the North, South, and West Delta respectively;
  • 3 Delta residents or landowners, appointed by the Governor;
  • Director of Parks and Recreation, or the Director's designee;
  • Director of Fish and Game, or the Director's designee;
  • Secretary of Food and Agriculture, or the Secretary's designee;
  • Executive Officer of the State Lands Commission, or the Executive Officer's designee;
  • Director of Boating and Waterways, or the Director's designee;
  • Director of Water Resources, or the Director's designee; and
  • Public member of the California Bay-Delta Authority, or the member's designee;
  -New law (15 members):
  • 5 members from the 5 Delta County Boards of Supervisors;
  • 3 members from the 5 reclamation districts;
  • 3 elected city council members from the North, South, and West Delta respectively;
  • Secretary of Food and Agriculture, or the Secretary's designee;
  • Executive Officer of the State Lands Commission, or the Executive Officer's designee;
  • Secretary of Natural Resource Agency, or the Secretary's designee; and
  • Secretary of Business, Transportation, and Housing, or the Secretary's designee.

-Expands the list of unincorporated towns in the Delta to include the Knightsen and Collinsville (Sec. 8). -Appropriates $28 million for the Department of Water Resources for the Two-Gates Fish Protection Demonstration Program (Sec. 40). -Specifies that the provisions of this Act are contingent upon the passage of SBx7 6 and SBx7 7 (Sec. 42).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that abolishes the California Bay-Delta Authority and replaces it with the Delta Stewardship Council as the chief governing body of the Sacramento-San Joaquin Delta.

Highlights:

-Establishes the Delta Stewardship Council as an independent agency of the state, with a governing board consisting of the members (Sec. 39):

• 4 members appointed by the Governor and confirmed by the Senate;
• 1 member appointed by the Senate Committee on Rules;
• 1 member appointed by the Speaker of the Assembly; and
• Chairperson of the Delta Protection Commission.

-Establishes the powers and duties of the Delta Stewardship Council, including, but not limited to, the following (Sec. 39):

• Develop, adopt, and commence implementation of the Delta Plan by January 1, 2012, for the purpose of restoring the Delta ecosystem and a reliable water supply;
• Employ the services of public, nonprofit, and private entities;
• Employ its own legal staff or contract with other state or federal agencies for legal services, or both;
• Receive funds from private and public sources;
• Disburse funds through grants, public assistance, loans, and contracts; and
• Comment on state agency environmental impact reports for projects outside of the Delta that the council determines will have a significant impact on the Delta.

-Requires the Delta Plan, adopted by the Delta Stewardship Council, to establish measures that promote the following (Sec. 39):

• Reasonable and beneficial uses of water;
• Sustaining the economic vitality of the state;
• Improving water quality to protect human health and the environment;
• Improving water quality to meet drinking water, agriculture, and ecosystem long-term goals;
• Effective emergency preparedness, appropriate land uses, and strategic levee investments;
• Statewide water conservation, water use efficiency, and sustainable use of water;
• Options for new and improved infrastructure relating to the water conveyance in the Delta and storage systems;
• Viable populations of native resident and migratory species;
• Functional corridors for migratory species;
• Diverse and biologically appropriate habitats and ecosystem processes;
• Reduced threats and stresses on the Delta ecosystem;
• Conditions conducive to meeting or exceeding the goals in existing species recovery plans and state and federal goals with respect to doubling salmon populations;
• Restoring large areas of interconnected habitats within the Delta and its watershed by 2100;
• Establishing migratory corridors for fish, birds, and other animals along selected Delta river channels;
• Restoring Delta flows and channels to support a healthy estuary and other ecosystems; and
• Restoring habitat necessary to avoid a net loss of migratory bird habitat and, where feasible, increase migratory bird habitat.

-Requires the Delta Plan include quantified or otherwise measurable targets for achieving the objectives of the Delta Plan (Sec. 39). -Establishes the position of "Delta Watermaster" to serve as the enforcement officer for the State Water Resources Control Board with respect to diversions of water in the Delta and the terms and conditions of the orders and license of the Board that apply to conditions of the Delta (Sec. 39). -Establishes the Delta Independent Science Board, consisting of 10 members of the scientific community appointed by the Delta Stewardship Council, to provide oversight of scientific research, monitoring, and assessment programs, and make recommendations to the Council (Sec. 39). -Establishes the Sacramento-San Joaquin Delta Conservancy within the Natural Resources Agency, with a governing board consisting of the following 11 voting members (Sec. 37):

• 2 members appointed by the Governor and confirmed by the Senate;
• 1 member appointed by the Senate Committee on Rules;
• 1 member appointed by Speaker of the Assembly;
• 1 resident of Contra Costa County, appointed by the County Board of Supervisors;
• 1 resident of Sacramento County, appointed by the County Board of Supervisors;
• 1 resident of San Joaquin County, appointed by the County Board of Supervisors;
• 1 resident of Solano County, appointed by the County Board of Supervisors;
• 1 resident of Yolo County, appointed by the County Board of Supervisors;
• Secretary of the Natural Resources Agency, or the Secretary's designee; and
• Director of Finance, or the Director's designee.

-Establishes the powers and duties of the Sacramento-San Joaquin Delta Conservancy, including, but not limited to, the following (Sec. 37):

• Adopt a strategic plan within 2 years of hiring an Executive Officer that is consistent with the Delta Plan, the Delta Protection Commission's Resources Management Plan, Central Valley Flood Protection Plan, the Suisun Marsh Preservation Act of 1977, and the Habitat Management, Preservation and Restoration Plan for the Suisun Marsh;
• Acquire water or water rights;
• Engage in partnerships with nonprofit organizations, local public agencies, and landowners;
• Provide grants and loans to state agencies, local public libraries, and nonprofit organizations;
• Require a cost-sharing or local funding requirement for a grant;
• Acquire interests in real property and improve, lease, or transfer interests in real property;
• Enter into agreements with public agencies, nonprofit organizations, or private entities for the construction, management, or maintenance of facilities;
• Pursue and accept funds from various public and private sources;
• Accept fees levied by others;
• Establish and manage endowments; and
• Provide technical information, expertise, or other assistance to public agencies, nonprofit organizations, and tribal organizations.

-Prohibits the Sacramento-San Joaquin Delta Conservancy from exercising the power of eminent domain (Sec. 37). -Amends the membership of the Delta Protection Commission as follows (Sec. 9):

• Existing law (23 members):
  -5 members from the 5 Delta County Boards of Supervisors;
  • 5 members from the 5 reclamation districts;
  • 3 elected city council members from the North, South, and West Delta respectively;
  • 3 Delta residents or landowners, appointed by the Governor;
  • Director of Parks and Recreation, or the Director's designee;
  • Director of Fish and Game, or the Director's designee;
  • Secretary of Food and Agriculture, or the Secretary's designee;
  • Executive Officer of the State Lands Commission, or the Executive Officer's designee;
  • Director of Boating and Waterways, or the Director's designee;
  • Director of Water Resources, or the Director's designee; and
  • Public member of the California Bay-Delta Authority, or the member's designee;
  -New law (15 members):
  • 5 members from the 5 Delta County Boards of Supervisors;
  • 3 members from the 5 reclamation districts;
  • 3 elected city council members from the North, South, and West Delta respectively;
  • Secretary of Food and Agriculture, or the Secretary's designee;
  • Executive Officer of the State Lands Commission, or the Executive Officer's designee;
  • Secretary of Natural Resource Agency, or the Secretary's designee; and
  • Secretary of Business, Transportation, and Housing, or the Secretary's designee.

-Expands the list of unincorporated towns in the Delta to include the Knightsen and Collinsville (Sec. 8). -Appropriates $28 million for the Department of Water Resources for the Two-Gates Fish Protection Demonstration Program (Sec. 40). -Specifies that the provisions of this Act are contingent upon the passage of SBx7 6 and SBx7 7 (Sec. 42).

Full Bill Text