CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381]
( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )
(a) Except as specified in Section 32360.5, the jurisdiction and activities of the conservancy are limited to the Delta and Suisun Marsh.
(b) (1) The Sacramento-San Joaquin Delta Conservancy Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, only for the purposes of this division.
(2) Funds provided for ecosystem restoration and enhancement shall be available for ecosystem restoration projects consistent with the conservancy’s strategic plan adopted pursuant to Section 32376.
(3) Funds may be allocated to a separate program within the conservancy for economic sustainability in the Delta. The economic sustainability plan adopted pursuant to Section 29759 shall be the basis for the program. Funds provided to the conservancy to implement ecosystem restoration projects pursuant to the Bay Delta Conservation Plan shall only be used for ecosystem restoration purposes.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
In furtherance of the conservancy’s role in implementing the Delta Plan, the conservancy may take or fund an action outside the Delta and Suisun Marsh if the board makes all of the following findings:
(a) The project implements the ecosystem goals of the Delta Plan.
(b) The project is consistent with the requirements of any applicable state and federal permits.
(c) The conservancy has given notice to and reviewed any comments received from affected local jurisdictions and the Delta Protection Commission.
(d) The conservancy has
given notice to and reviewed any comments received from any state conservancy where the project is located.
(e) The project will provide significant benefits to the Delta.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
The conservancy may engage in partnerships with nonprofit organizations, local public agencies, and landowners.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
In implementing this division, the conservancy shall cooperate and consult with the city or county in which a grant is proposed to be expended or an interest in real property is proposed to be acquired, and shall, as necessary or appropriate, coordinate its efforts with other state agencies, in cooperation with the Secretary of the Natural Resources Agency. The conservancy shall, as necessary or appropriate, cooperate and consult with a public water system, levee, flood control, or drainage agency that owns or operates facilities, including lands appurtenant thereto, where a grant is proposed to be expended or an interest in land is proposed to be acquired.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
(a) The conservancy may require a grantee to enter into an agreement with the conservancy on terms and conditions specified by the conservancy.
(b) The conservancy may require a cost-share or local funding requirement for a grant. The conservancy may make that cost-share or local funding requirement contingent upon the total amount of funding available, the fiscal resources of the applicant, or urgency of the project. The conservancy may waive cost-share requirements.
(c) The conservancy may fund or award grants for plans and feasibility studies consistent with its strategic plan or the Delta Plan.
(d) The conservancy may seek repayment or reimbursement of funds granted on terms and conditions it deems appropriate. The proceeds of repayment shall be deposited in the fund.
(e) The conservancy may require any funds that exceed the costs of eligible or approved projects or of acquisition to be returned to the conservancy, to be available for expenditure when appropriated by the Legislature.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
(a) The conservancy may provide grants and loans to state agencies, local public agencies, and nonprofit organizations to further the goals of the conservancy.
(b) An entity applying for a grant from the conservancy to acquire an interest in real property shall specify all of the following in the grant application:
(1) The intended use of the property.
(2) The manner in which the land will be managed.
(3) How the cost of ongoing operations, maintenance, and management will be provided, including an analysis
of the maintaining entity’s financial capacity to support those ongoing costs.
(4) Grantees shall demonstrate, where applicable, how they will provide payments in lieu of taxes, assessments, or charges otherwise due to local government.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
The conservancy may sue and be sued.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
(a) The conservancy may acquire from willing sellers or transferors interests in real property and improve, lease, or transfer interests in real property, in order to carry out the purposes of this division.
(b) The conservancy shall use conservation easements to accomplish ecosystem restoration whenever feasible.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
The conservancy may enter into an agreement with a public agency, nonprofit organization, or private entity for the construction, management, or maintenance of facilities authorized by the conservancy.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
The conservancy shall not exercise the power of eminent domain.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
(a) The conservancy may pursue and accept funds from various sources, including, but not limited to, federal, state, and local funds or grants, gifts, donations, bequests, devises, subventions, grants, rents, royalties, or other assistance and funds from public and private sources.
(b) The conservancy may accept fees levied by others.
(c) The conservancy may create and manage endowments.
(d) All funds received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
Within two years of hiring an executive officer, the board shall prepare and adopt a strategic plan to achieve the goals of the conservancy. The plan shall describe its interaction with local, regional, state, and federal land use, recreation, water and flood management, and habitat conservation and protection efforts within and adjacent to the Delta. The strategic plan shall establish priorities and criteria for projects and programs, based upon an assessment of program requirements, institutional capabilities, and funding needs throughout the Delta. The strategic plan shall be consistent with the Delta Plan, the Delta Protection Commission’s resources management plan, the Central Valley Flood Protection Plan, the Suisun Marsh Preservation Act of 1977 (Division 19 (commencing with
Section 29000)), and the Habitat Management, Preservation and Restoration Plan for the Suisun Marsh.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
(a) The conservancy may expend funds and award grants and loans to facilitate collaborative planning efforts and to develop projects and programs that are designed to further the purposes of this division.
(b) The conservancy may provide and make available technical information, expertise, and other nonfinancial assistance to public agencies, nonprofit organizations, and tribal organizations, to support program and project development and implementation.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
The conservancy may acquire water or water rights to support the goals of the conservancy.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This division does not grant to the conservancy any of the following:
(a) The power of a city or county to regulate land use.
(b) The power to regulate any activities on land, except as the owner of an interest in the land, or pursuant to an agreement with, or a license or grant of management authority from, the owner of an interest in the land.
(c) The power over water rights held by others.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)