CHAPTER 3. Organization [29735 - 29741]
( Chapter 3 added by Stats. 1992, Ch. 898, Sec. 2. )
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 designee, of each of the five counties within the Delta whose supervisorial district is within the primary zone shall be appointed by the board of supervisors of each of those respective counties.
(b) (1) Two elected city council members shall be selected and appointed by city selection committees, from the appropriate regions specified in subparagraphs (A) and (B), one in each of the following areas:
(A) One from the
south Delta, consisting of the County of San Joaquin.
(B) One from the west Delta, from either the County of Contra Costa or the County of Solano, on a rotating basis.
(2) One elected city council member shall be selected and appointed by city selection committees, from regional and area councils of government from the north Delta, consisting of the Counties of Yolo and Sacramento.
(3) A city council member appointed pursuant to this subdivision may select a designee for purposes of this subdivision.
(4) Notwithstanding Section 29736, the term of office of the members selected pursuant to this subdivision shall be two years.
(c) One member each from the board of directors of three different reclamation districts that are located within the primary zone who are residents of the Delta, and who are elected by the trustees of reclamation districts pursuant to paragraphs (1), (2), and (3). Each reclamation district may nominate one director to be a member. The member from an area described in paragraph (1), (2), or (3) shall be selected from among the nominees by a majority vote of the reclamation districts in that area. A member selected pursuant to this subdivision may select a designee for this purpose. For the purposes of this section, each reclamation district shall have one vote. Reclamation district members shall consist of the following:
(1) One member from the area of the North Delta Water
Agency as described in Section 9.1 of the North Delta Water Agency Act (Chapter 283 of the Statutes of 1973).
(2) One member from an area including the west Delta consisting of the area of the County of Contra Costa within the
Delta and within the Central Delta Water Agency as described in Section 9.1 of the Central Delta Water Agency Act (Chapter 1133 of the Statutes of 1973).
(3) One member from the area of the South Delta Water Agency as described in Section 9.1 of the South Delta Water Agency Act (Chapter 1089 of the Statutes of 1973).
(d) The Secretary of Food and Agriculture, or the secretary’s sole designee.
(e) The executive officer of the State Lands Commission, or the executive officer’s sole designee.
(f) The Secretary of the Natural Resources Agency, or his or her sole designee.
(g) The
Secretary of Transportation, or his or her sole designee.
(Amended by Stats. 2013, Ch. 352, Sec. 486. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
(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 alternate to represent him or her at a commission meeting. An alternate may serve prior to confirmation for a period not to exceed 90 days from the date of appointment, unless and until confirmation is denied.
(b) The alternate shall serve at the pleasure of the member who appoints him or her and shall have all of the powers and duties of a member of the commission, except that the alternate shall only participate and vote in a meeting in the absence of the member who appoints him or her. All provisions of law relating to conflicts
of interest that are applicable to a member shall apply to an alternate. If a member has, or is known to have, a conflict of interest on any matter, the member’s alternate is ineligible to vote on that matter.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 10. (SB 1 7x) Effective February 3, 2010.)
The appointed members of the commission shall serve at the pleasure of their appointing entities.
(Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 12. (SB 1 7x) Effective February 3, 2010.)
Members shall serve without compensation, but the expenses of each member incurred in connection with official duties shall be paid by the commission.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
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 authority shall appoint a successor within 30 days of the occurrence of the vacancy.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 13. (SB 1 7x) Effective February 3, 2010.)
(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.
(Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 15. (SB 1 7x) Effective February 3, 2010.)
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 Assembly, appointed by the Speaker of the Assembly, both of whom represent areas within the primary zone, shall meet with, and participate in the activities of, the commission to the extent that the participation is not incompatible with their respective positions as Members of the Legislature. For the purpose of this division, those Members of the Legislature shall constitute a joint interim investigating committee on the subject of this division, and as such shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and Assembly.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
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 scheduled for a date later than January 31, 2010. All meetings after the first meeting shall be held in a city within the Delta.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 16. (SB 1 7x) Effective February 3, 2010.)