reglab/statecodes huggingface dataset:
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 4 - Funding › Section 66540.49.

66540.49. The authority may apply for and receive grants from any and all state and federal agencies.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 4 - Funding › Section 66540.50.

66540.50. The authority may deposit or invest any moneys of the authority in banks or financial institutions in the state in accordance with state law.
(Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 4 - Funding › Section 66540.51.

66540.51. The authority may insure against any accident to or destruction of the public transportation ferry system or any part thereof.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 4 - Funding › Section 66540.52.

66540.52. The authority may insure against loss of revenues from any cause whatsoever.
(Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 4 - Funding › Section 66540.53.

66540.53. The authority may insure against public liability or property damage, or both. It may provide in the proceedings authorizing the issuance of any bonds for the carrying of such or any other insurance, in such amount and of such character as may be specified, and for the payment of the premiums thereon.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 4 - Funding › Section 66540.54.

66540.54. (a) The authority shall maintain accounting records and shall report accounting transactions in accordance with generally accepted accounting principles as adopted by the Governmental Accounting Standards Board (GASB) of the Financial Accounting Foundation for both public reporting purposes and for reporting of activities to the Controller.
(b) The authority shall contract with an independent certified public accountant for an annual audit of the financial records, books, and performance of the authority. The accountant shall submit a report of the audit to the board and the board shall make copies of the report available to the public and the appropriate policy and fiscal committees of the Legislature.
(Amended by Stats. 2008, Ch. 179, Sec. 122. Effective January 1, 2009.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.55.

66540.55. The authority shall prescribe a method of securing employees, shall adopt rules and regulations governing the employment of employees, and shall prescribe the compensation to be paid to employees, including the provision of compensation based upon successful accomplishment of goals and objectives specified in advance.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.56.

66540.56. Represented employees of the San Francisco Bay Area Water Transit Authority shall become employees of the authority and shall suffer no loss of employment or reduction in wages, health and welfare benefits, seniority, retirement benefits or contributions made to retirement plans, or any other term or condition of employment solely as a result of the enactment of this title. No represented employee of the San Francisco Bay Area Water Transit Authority shall suffer loss of employment or reduction in wages or benefits solely as a result of the enactment of this title.
(Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.57.

66540.57. The authority may establish a retirement system for the officers and employees of the authority and provide for the payment of annuities, pensions, retirement allowances, disability payments, and death benefits or any of them.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.58.

66540.58. The authority may maintain its own retirement fund or may provide for benefits to eligible officers and employees, or their beneficiaries, by means of group insurance or other insurance, or by those means that in the opinion of the board will satisfactorily provide an adequate and sure method of meeting the payments contemplated by the retirement system.
(Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.59.

66540.59. Before establishing any retirement system, the authority shall secure a report from a qualified actuary, which shall show the cost of the benefits provided by the system, and the prospective assets and liabilities of the system.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.60.

66540.60. The board may adopt all ordinances and resolutions and perform all acts necessary or convenient to the initiation, maintenance, and administration of the retirement system.
(Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.61.

66540.61. As an alternative method of providing a retirement system, the board may contract with the Board of Administration of the Public Employees’ Retirement System and enter all or any portion of its employees under that system pursuant to law and under the terms and conditions of that contract, or may contract with the Board of Administration of the Public Employees’ Retirement System for reciprocal benefits between the Public Employees’ System, or a city, or city and county, or any other public agency contracting with the Public Employees’ Retirement System and the authority’s retirement system as authorized by Section 20042, and may perform all acts necessary or convenient to provide for those reciprocal benefits.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.62.

66540.62. The board may also contract with the Board of Administration of the Public Employees’ Retirement System for participation in the Federal Social Security Act and may perform all acts necessary or convenient for that participation.
(Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.63.

66540.63. The board may classify and determine the officers and employees who shall be included as members in the retirement system and may change the classification from time to time. Membership of all officers and employees so classified and included in the retirement system is compulsory.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.64.

66540.64. The board may prescribe the terms and conditions upon which the officers and employees of the authority or their beneficiaries shall be entitled to benefits and the amounts thereof.
(Repealed and added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.65.

66540.65. Any pension or retirement system adopted by the board shall be on a sound actuarial basis and provide for contributions by both the authority and the employee members of the system which shall be based on percentage of payroll to be changed only by adjustments on account of experience under the system.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.66.

66540.66. Contributions shall be in amounts that shall accumulate at retirement a fund sufficient to carry out the promise to pay benefits to the individual on account of his or her service as a member of the system, without further contributions from any source.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.67.

66540.67. Nothing in any pension or retirement system or plan shall prevent the board from, at any time, amending, changing, modifying or terminating any provision for benefits, participation, or contributions thereto or thereunder.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 5 - Duties and Powers › ARTICLE 5 - Employee Benefits and Retirement System › Section 66540.68.

66540.68. (a) This article does not apply to any employees of the authority in a bargaining unit that is represented by a labor organization, except as to the protection of the rights of those employees that were employees of the San Francisco Bay Area Water Transit Authority as specifically provided in Section 66540.56.
(b) The adoption, terms, and conditions of the retirement systems covering employees of the authority in a bargaining unit represented by a labor organization shall be pursuant to a collective bargaining agreement between that labor organization and the authority. Any such retirement system adopted pursuant to a collective bargaining agreement shall be on a sound actuarial basis. The authority and the labor organization representing the authority’s employees in a bargaining unit shall be equally represented in the administration of that retirement system.
(c) (1) The authority shall assume and be bound by the terms and conditions of employment set forth in any collective bargaining agreement or employment contract between the San Francisco Bay Area Water Transit Authority and any labor organization or employee affected by the creation of the authority, as well as the duties, obligations, and liabilities arising from, or relating to, labor obligations imposed by state or federal law upon the San Francisco Bay Area Water Transit Authority.
(2) The authority shall assume and be bound by the terms and conditions of employment set forth in any collective bargaining agreement or employment contract between any entity, whether public or private, whose services the authority directly assumes, and any labor organization or employee included within the assumption of those services.
(Amended by Stats. 2008, Ch. 387, Sec. 11. Effective January 1, 2009.)
2023 California Code › Government Code - GOV › TITLE 7.10 - SAN FRANCISCO BAY AREA WATER EMERGENCY TRANSPORTATION RESPONSE AND DISASTER RECOVERY ACT › CHAPTER 6 - Severability › Section 66540.69.

66540.69. If any chapter, article, section, subdivision, subsection, sentence, clause, or phrase in this title, or the application thereof to any person or circumstances, is for any reason held invalid, the validity of the remainder of the title, or the application of such provision to other persons or circumstances, shall not be affected thereby. The Legislature hereby declares that it would have passed this title and each chapter, article, section, subdivision, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more sections, subdivisions, subsections, sentences, clauses, or phrases, or the application thereof to any person or circumstance, be held invalid.
(Added by Stats. 2007, Ch. 734, Sec. 2. Effective January 1, 2008.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 1 - Findings and Declarations of Policy › Section 66600.

66600. The Legislature hereby finds and declares that the public interest in the San Francisco Bay is in its beneficial use for a variety of purposes; that the public has an interest in the bay as the most valuable single natural resource of an entire region, a resource that gives special character to the bay area; that the bay is a single body of water that can be used for many purposes, from conservation to planned development; and that the bay operates as a delicate physical mechanism in which changes that affect one part of the bay may also affect all other parts. It is therefore declared to be in the public interest to create a politically-responsible, democratic process by which the San Francisco Bay and its shoreline can be analyzed, planned, and regulated as a unit.
(Added by Stats. 1965, Ch. 1162.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 1 - Findings and Declarations of Policy › Section 66601.

66601. The Legislature further finds and declares that uncoordinated, haphazard filling in San Francisco Bay threatens the bay itself and is therefore inimical to the welfare of both present and future residents of the area surrounding the bay; that while some individual fill projects may be necessary and desirable for the needs of the entire bay region, and while some cities and counties may have prepared detailed master plans for their own bay lands, a governmental mechanism must exist for evaluating individual projects as to their effect on the entire bay; and that further piecemeal filling of the bay may place serious restrictions on navigation in the bay, may destroy the irreplaceable feeding and breeding grounds of fish and wildlife in the bay, may adversely affect the quality of bay waters and even the quality of air in the bay area, and would therefore be harmful to the needs of the present and future population of the bay region.
(Amended by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 1 - Findings and Declarations of Policy › Section 66602.

66602. The Legislature further finds and declares that certain water-oriented land uses along the bay shoreline are essential to the public welfare of the bay area, and that these uses include ports, water-related industries, airports, wildlife refuges, water-oriented recreation and public assembly, desalinization plants, upland dredged material disposal sites, and powerplants requiring large amounts of water for cooling purposes; that the San Francisco Bay Plan should make provision for adequate and suitable locations for all these uses, thereby minimizing the necessity for future bay fill to create new sites for these uses; that existing public access to the shoreline and waters of the San Francisco Bay is inadequate and that maximum feasible public access, consistent with a proposed project, should be provided.
(Amended by Stats. 1991, Ch. 583, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 1 - Findings and Declarations of Policy › Section 66602.1.

66602.1. The Legislature further finds and declares that areas diked off from the bay and used as saltponds and managed wetlands are important to the bay area in that, among other things, such areas provide a wildlife habitat and a large water surface which, together with the surface of the bay, moderate the climate of the bay area and alleviate air pollution; that it is in the public interest to encourage continued maintenance and operation of the salt ponds and managed wetlands; that, if development is proposed for these areas, dedication or public purchase of some of these lands should be encouraged in order to preserve water areas; that, if any such areas are authorized to be developed and used for other purposes, the development should provide the maximum public access to the bay consistent with the proposed project and should retain the maximum amount of water surface area consistent with the proposed project.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 1 - Findings and Declarations of Policy › Section 66603.

66603. The Legislature further finds and declares that the San Francisco Bay Conservation and Development Commission, treating the entire bay as a unit, has made a detailed study of all the characteristics of the bay, including: the quality, quantity, and movement of bay waters, the ecological balance of the bay, the economic interests in the bay, including the needs of the bay area population for industry and for employment, the requirements of industries that would not pollute the bay nor interfere with its use for recreation or other purposes, but would need sites near deepwater channels; that the study has examined all present and proposed uses of the bay and its shoreline, and the master plans of cities and counties around the bay; and that on the basis of the study the commission has prepared a comprehensive and enforceable plan for the conservation of the water of the bay and the development of its shoreline, entitled the San Francisco Bay Plan.
(Amended by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 1 - Findings and Declarations of Policy › Section 66604.

66604. The Legislature further finds and declares that in order to protect the present shoreline and body of the San Francisco Bay to the maximum extent possible, it is essential that the commission be empowered to issue or deny permits, after public hearings, for any proposed project that involves placing fill, extracting materials or making any substantial change in use of any water, land or structure within the area of the commission’s jurisdiction.
(Amended by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 1 - Findings and Declarations of Policy › Section 66605.

66605. The Legislature further finds and declares:
(a) That further filling of San Francisco Bay and certain waterways specified in subdivision (e) of Section 66610 should be authorized only when public benefits from fill clearly exceed public detriment from the loss of the water areas and should be limited to water-oriented uses (such as ports, water-related industry, airports, bridges, wildlife refuges, water-oriented recreation, and public assembly, water intake and discharge lines for desalinization plants and power generating plants requiring large amounts of water for cooling purposes) or minor fill for improving shoreline appearance or public access to the bay;
(b) That fill in the bay and certain waterways specified in subdivision (e) of Section 66610 for any purpose should be authorized only when no alternative upland location is available for such purpose;
(c) That the water area authorized to be filled should be the minimum necessary to achieve the purpose of the fill;
(d) That the nature, location, and extent of any fill should be such that it will minimize harmful effects to the bay area, such as, the reduction or impairment of the volume surface area or circulation of water, water quality, fertility of marshes or fish or wildlife resources, or other conditions impacting the environment, as defined in Section 21060.5 of the Public Resources Code;
(e) That public health, safety, and welfare require that fill be constructed in accordance with sound safety standards which will afford reasonable protection to persons and property against the hazards of unstable geologic or soil conditions or of flood or storm waters;
(f) That fill should be authorized when the filling would, to the maximum extent feasible, establish a permanent shoreline;
(g) That fill should be authorized when the applicant has such valid title to the properties in question that he or she may fill them in the manner and for the uses to be approved.
(Amended by Stats. 1999, Ch. 774, Sec. 1. Effective January 1, 2000.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 1 - Findings and Declarations of Policy › Section 66605.1.

66605.1. The Legislature finds that in order to make San Francisco Bay more accessible for the use and enjoyment of people, the bay shoreline should be improved, developed and preserved. The Legislature further recognizes that private investment in shoreline development should be vigorously encouraged and may be one of the principal means of achieving bay shoreline development, minimizing the resort to taxpayer funds; therefore, the Legislature declares that the commission should encourage both public and private development of the bay shoreline.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 1 - Findings and Declarations of Policy › Section 66606.

66606. The Legislature hereby finds and declares that this title is not intended, and shall not be construed, as authorizing the commission to exercise its power to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or the United States.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 1 - Findings and Declarations of Policy › Section 66606.6.

66606.6. Nothing in this title shall deny the right of private property owners and local governments to establish agricultural preserves and enter into contracts pursuant to the provisions of the California Land Conservation Act of 1965.
The commission, within six months after the effective date of this section, shall institute an affirmative action program to encourage local governments to enter into contracts under the California Land Conservation Act of 1965 with owners of property to which the provisions of that act may be applicable.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 1 - Findings and Declarations of Policy › Section 66607.

66607. If any provision of this title or the application thereof in any circumstance or to any person or public agency is held invalid, the remainder of this title or the application thereof in other circumstances or to other persons or public agencies shall not be affected thereby.
(Added by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 2 - Definition of San Francisco Bay › Section 66611.

66611. No later than December 1, 1971, the commission, after public hearing, of which adequate descriptive notice is given, shall adopt and file with the Governor and the Legislature a resolution fixing and establishing within the shoreline band the boundaries of the water-oriented priority land uses, as referred to in Section 66602. After such filing the commission may change such boundaries in the manner provided by Section 66652 for San Francisco Bay Plan maps. Such change will become effective only if authorized by an affirmative vote of two-thirds of the commission’s members and, where the change involves a reduction or elimination of a priority use area which has been so designated because of contemplated acquisition necessary to implement the priority use, upon a finding that there is no substantial probability that a public agency will be committed to acquiring the area within a three-year period commencing January 1 of the year following the year in which such a finding is made. No other changes shall be made in such boundaries, except with the approval of the Legislature.
(Amended by Stats. 1974, Ch. 1332.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 3 - San Francisco Bay Conservation and Development Commission › Section 66620.

66620. The San Francisco Bay Conservation and Development Commission is hereby created. The commission shall consist of 27 members, as follows:
(a) One member appointed by the Division Engineer, United States Army Engineers, South Pacific Division, from his or her staff.
(b) One member appointed by the Administrator of the United States Environmental Protection Agency, from his or her staff.
(c) One member appointed by the Secretary of Transportation from his or her staff.
(d) One member appointed by the Director of Finance, from his or her staff.
(e) One member appointed by the Secretary of Resources, from his or her staff.
(f) One member appointed by the State Lands Commission, who shall be a member of that commission or from its staff.
(g) One member appointed by the San Francisco Bay Regional Water Quality Control Board, who shall be a member of that board.
(h) Nine county representatives consisting of one member of the board of supervisors representative of each of the nine San Francisco Bay area counties, appointed by the board of supervisors in each county. Each county representative shall be a supervisor representing a supervisorial district which includes within its boundaries lands lying within San Francisco Bay.
(i) Four city representatives appointed by the Association of Bay Area Governments from among the residents of the bayside cities in each of the following areas:
(1) North Bay—Marin, Sonoma, Napa, and Solano Counties;
(2) East Bay—Contra Costa County (west of Pittsburg) and Alameda County north of the southern boundary of Hayward;
(3) South Bay—Alameda County south of the southern boundary of Hayward, Santa Clara County, and San Mateo County south of the northern boundary of Redwood City;
(4) West Bay—San Mateo County north of the northern boundary of Redwood City, and the City and County of San Francisco.
Each city representative shall be an elected city official.
(j) Seven representatives of the public, who shall be residents of the San Francisco Bay area. Five of the representatives shall be appointed by the Governor and their appointments shall be subject to confirmation by the Senate. One of the representatives shall be appointed by the Committee on Rules of the Senate, and one by the Speaker of the Assembly.
(Amended by Stats. 2014, Ch. 401, Sec. 47. (AB 2763) Effective January 1, 2015.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 3 - San Francisco Bay Conservation and Development Commission › Section 66621.

66621. (a) One Member of the Senate, appointed by the Senate Rules Committee, and one Member of the Assembly, appointed by the Speaker of the Assembly, 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 purposes of this title, the Members of the Legislature, or their alternates if the alternates are Members of the Legislature, shall constitute a joint interim investigating committee on the subject of this title, and as such shall have the powers and duties imposed upon those committees by the Joint Rules of the Senate and Assembly.
(b) The Member of the Senate and the Member of the Assembly may appoint any person as an alternate for the member whom the member deems qualified.
(Amended by Stats. 1995, Ch. 682, Sec. 6. Effective October 10, 1995.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 3 - San Francisco Bay Conservation and Development Commission › Section 66622.

66622. The members of the commission shall serve at the pleasure of their respective appointing powers. The members shall serve without compensation, but each of the members shall be reimbursed for necessary expenses incurred in the performance of the member’s duties. However, in lieu of reimbursement for attendance at commission or committee meetings, or at meetings in an official capacity as a commissioner, each member of the commission or alternate who is not a state or federal employee shall receive a per diem of one hundred dollars ($100) per day, not to exceed a combined total of four days in any one calendar month. No member of the commission who receives a per diem from any other source for attending a meeting shall receive a per diem under this section for attending the same meeting.
A member, subject to confirmation by the member’s appointing power, may authorize an alternate for attendance at meetings and voting in the member’s absence. Each alternate shall be designated in a written instrument which shall include evidence of the confirmation by the appointing power and the alternate’s name shall be kept on file with the commission. Each member may change the member’s alternate from time to time, with the confirmation of the appointing power, but shall have only one alternate at a time. Each alternate shall have the same qualifications as are required for the member who appointed the alternate, except that each county representative may designate as an alternate a public official whom the appointing power deems qualified to represent the county.
(Amended by Stats. 1987, Ch. 519, Sec. 1.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 3 - San Francisco Bay Conservation and Development Commission › Section 66623.

66623. The Governor shall select, from among public representatives on the commission appointed pursuant to subdivision (j) of Section 66620, a chairperson and a vice chairperson.
(Amended by Stats. 1987, Ch. 519, Sec. 2.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 3 - San Francisco Bay Conservation and Development Commission › Section 66624.

66624. The time and place of the first meeting of the commission shall be prescribed by the Governor, but, in no event, shall it be scheduled for a date later than 10 days after the effective date of this title.
(Added by Stats. 1965, Ch. 1162.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66630.

66630. The commission shall make a continuing review of all the matters referred to in Section 66603 and Section 66651.
(Amended by Stats. 1982, Ch. 413, Sec. 2.5.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66631.

66631. In making the review, the commission shall cooperate to the fullest extent possible with the Association of Bay Area Governments; and shall, to the fullest extent possible, coordinate its planning with planning by local agencies, which shall retain the responsibility for local land use planning. To avoid duplication of work, the commission shall make maximum use of data and information available from the planning programs of the State Office of Planning and Research, the Association of Bay Area Governments, the San Francisco Bay Regional Water Quality Control Board, the cities and counties in the San Francisco Bay area, and other public and private planning agencies.
(Amended by Stats. 1995, Ch. 951, Sec. 2. Effective January 1, 1996.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66632.1.

66632.1. Nothing in this title shall apply to any project where necessary local governmental approval and a Department of the Army Corps of Engineers permit have been obtained to allow commencement of the diking or filling process, and where such diking or filling process has commenced prior to the effective date of this title, nor to the continuation of dredging under existing Department of the Army Corps of Engineers permits.
(Added by Stats. 1965, Ch. 1162.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66632.2.

66632.2. (a) The owner or operator of any public service facilities need not obtain a permit from the commission for the construction within or upon any public highway or street of any public service facilities to provide service to persons or property located within the area of the commission’s jurisdiction. The public service facilities referred to in this subdivision shall be limited to those which are necessary for and are customarily used to provide direct and immediate service to the persons or property requiring that service.
(b) The owner or operator of public service facilities or a public street or road located anywhere within the area of the commission’s jurisdiction may, without first obtaining a permit from the commission, make emergency repairs to those facilities as may be necessary to maintain service if the emergency requires repairs before an emergency permit can be obtained under subdivision (f) of Section 66632 and if that notification is given to the commission not later than the first working day following the undertaking.
(c) “Public service facilities,” as used in this section, means any facilities used or intended to be used to provide water, gas, electric, or communications service and any pipelines, and appurtenant facilities, for the collection or transmission of sewage, flood or storm waters, petroleum, gas, or any liquid or other substance.
(d) Any agency that intends to undertake, carry out, or approve an emergency project to maintain, repair, or restore an existing highway, as defined in Section 360 of the Vehicle Code, except for a highway designated as an official state scenic highway pursuant to Section 262 of the Streets and Highways Code, within the existing right-of-way of the highway, damaged as a result of fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide, within one year of the damage, need not obtain a permit from the commission, if notification is given to the commission not later than the first working day following the commencement of the undertaking or action. This subdivision does not exempt from this section any agency that is required to obtain from the commission a permit to undertake, carry out, or approve a project to expand or widen a highway damaged by fire, flood, storm, earthquake, land subsidence, gradual earth movement, or landslide.
(Amended by Stats. 1996, Ch. 825, Sec. 5. Effective January 1, 1997.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66632.4.

66632.4. Within any portion or portions of the shoreline band that are located outside the boundaries of water-oriented priority land uses, as fixed and established pursuant to Section 66611, the commission may deny an application for a permit for a proposed project only on the grounds that the project fails to provide maximum feasible public access, consistent with the proposed project, to the bay and its shoreline. When considering whether a project provides maximum feasible public access in areas of sensitive habitat, including tidal marshlands and mudflats, the commission shall, after consultation with the Department of Fish and Game, and using the best available scientific evidence, determine whether the access is compatible with wildlife protection in the bay.
(Amended by Stats. 2000, Ch. 498, Sec. 1. Effective January 1, 2001.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66633.

66633. The commission may:
(a) Accept grants, contributions, and appropriations from any public agency, private foundation, or individual.
(b) Appoint committees from its membership and appoint advisory committees from other interested public and private groups.
(c) Contract for or employ any professional services required by the commission or for the performance of work and services which in its opinion cannot satisfactorily be performed by its officers and employees or by other federal, state, or local governmental agencies.
(d) Sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction, including prohibitory and mandatory injunctions to restrain violations of this title.
(e) Do any and all other things necessary to carry out the purposes of this title.
(Amended by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66633.1.

66633.1. The Legislature finds and declares that because the San Francisco Bay Conservation and Development Commission must rely on the expertise provided by volunteer members of advisory boards to make decisions which relate to the public safety, members of the advisory boards should be entitled to the same immunity from liability provided commission members and other public employees.
Members of the advisory bodies appointed pursuant to Sections 66633 and 66636 while performing duties required by this title or by the commission shall be entitled to the same rights and immunities granted public employees by Article 3 (commencing with Section 820) of Chapter 1 of Part 2 of Division 3.6 of Title 1. Those rights and immunities are deemed to have attached and shall attach as of the date of appointment of a member to the advisory body. This provision shall apply to members appointed to the Engineering Criteria Review Board (14 Cal. Adm. Code 10298), the Design Review Board (14 Cal. Adm. Code 10295), and any other advisory bodies created pursuant to Sections 66633 and 66636.
(Amended by Stats. 1987, Ch. 519, Sec. 5.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66634.

66634. The commission shall, in addition to any funds which the Legislature may appropriate for planning activities of the commission, take whatever steps are necessary to attempt to obtain money available of such planning activities from any federal, state, or local sources.
(Added by Stats. 1965, Ch. 1162.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66635.

66635. The commission shall appoint an executive director who shall have charge of administering the affairs of the commission, subject to the direction and policies of the commission. The executive director shall, subject to approval of the commission, appoint such employees as may be necessary in order to carry out the functions of the commission.
(Amended by Stats. 1969, Ch. 713.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66636.

66636. Within a reasonable time, but not to exceed one year from the date of the first meeting of the commission, the chairman of the commission, in collaboration with and with the concurrence of the commission, shall appoint a citizens’ advisory committee to assist and advise the commission in carrying out its functions. The advisory committee shall consist of not more than 20 members.
At least one member of the advisory committee shall be a representative of a public agency having jurisdiction over harbor facilities, and another shall represent a public agency having jurisdiction over airport facilities. The advisory committee shall also include representatives of conservation and recreation organizations, and at least one biologist, one sociologist, one geologist, one architect, one landscape architect, one representative of an industrial development board or commission, and one owner of privately held lands within the San Francisco Bay as defined in Section 66610.
(Added by Stats. 1965, Ch. 1162.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66637.

66637. (a) When the executive director determines that a person or governmental agency has undertaken, or is threatening to undertake, an activity that (1) may require a permit from the commission without securing a permit; or (2) may be inconsistent with a permit previously issued by the commission, the executive director may issue an order directing that person or governmental agency to cease and desist.
(b) A cease and desist order issued by the executive director may be subject to the terms and conditions that the executive director may determine are necessary to ensure compliance with this title, including the immediate removal of any fill or other material where that removal is necessary to avoid irreparable injury to an area within the jurisdiction of the commission pending action by the commission under Section 66638.
(c) A cease and desist order issued by the executive director shall become null and void 90 days after issuance.
(d) A cease and desist order issued by the executive director shall be effective upon the issuance thereof, and copies shall be served forthwith by certified mail upon the person or governmental agency being charged with the actual or threatened violation of this title. A copy of the cease and desist order shall also be sent by certified mail to the owner of the property on which the violation occurred.
(Amended by Stats. 2004, Ch. 618, Sec. 4. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66638.

66638. (a) When the commission, after public hearing, determines that a person or governmental agency has undertaken, or is threatening to undertake, an activity that (1) requires a permit from the commission without securing a permit, or (2) is inconsistent with a permit previously issued by the commission, the commission may issue an order requiring the person or governmental agency to cease and desist.
(b) A cease and desist order issued by the commission may be subject to the terms and conditions that the commission may determine are necessary to ensure compliance with this title, including immediate removal of any fill or other material or the setting of a schedule within which steps must be taken to obtain a permit pursuant to this title.
(c) Notice of the public hearing on a proposed cease and desist order shall be given to all affected persons and agencies and the order shall be effective and final as to the commission upon issuance thereof. Copies shall be served forthwith by certified mail upon the person or governmental agency being charged with the actual or threatened violation of this title and upon other affected persons and agencies who appeared at the hearing and requested a copy. A copy of the cease and desist order shall also be sent by certified mail to the owner of the property on which the violation occurred.
(Amended by Stats. 2004, Ch. 618, Sec. 5. Effective January 1, 2005.)
2023 California Code › Government Code - GOV › TITLE 7.2 - SAN FRANCISCO BAY CONSERVATION AND DEVELOPMENT COMMISSION › CHAPTER 4 - Powers and Duties of the Commission › Section 66639.

66639. (a) Within 30 days after service of a copy of a cease and desist order issued by the executive director under Section 66637 or the commission under Section 66638, any aggrieved party may file with the superior court a petition for writ of mandate for review thereof pursuant to Section 1094.5 of the Code of Civil Procedure. Failure to file such an action shall not preclude a party from challenging the reasonableness and validity of an order of the executive director or the commission in any judicial proceedings brought to enforce such order or for other civil remedies.
(b) The evidence before the court in any proceeding to review an order of the commission described in subdivision (a) shall consist of the record before the commission, and in cases where it is claimed that the findings are not supported by the evidence, abuse of discretion is established only if the court determines that the findings are not supported by substantial evidence in the light of the whole record.
(Added by Stats. 1973, Ch. 766.)