reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 3 - Organization › Section 29735.

29735. 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.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 3 - Organization › Section 29735.1.

29735.1. (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.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 3 - Organization › Section 29736.

29736. 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.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 3 - Organization › Section 29737.

29737. 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.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 3 - Organization › Section 29738.

29738. 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.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 3 - Organization › Section 29739.

29739. (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.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 3 - Organization › Section 29740.

29740. 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.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 3 - Organization › Section 29741.

29741. 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.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 4 - Powers and Duties of the Commission › Section 29750.

29750. The commission shall meet at least bimonthly. All meetings shall be open to the public as required by law. Notice of the time and place of all regular and special meetings shall be published at least once in a newspaper of general circulation whose area of circulation is throughout the delta. Notice of any meeting shall be published at least seven days prior to the meeting date.
(Amended by Stats. 1996, Ch. 568, Sec. 1. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 4 - Powers and Duties of the Commission › Section 29751.

29751. A majority of the voting members of the commission shall constitute a quorum for the transaction of the business of the commission. A majority vote of the voting membership shall be required to take action with respect to any matter unless otherwise specified in this division. The vote of each member shall be individually recorded.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 17. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 4 - Powers and Duties of the Commission › Section 29752.

29752. The commission shall adopt its own rules, regulations, and procedures necessary for its organization and operation, and shall conduct its meetings in compliance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 18. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 4 - Powers and Duties of the Commission › Section 29753.

29753. (a) The commission shall appoint at least one advisory committee to provide recommendations regarding the diverse interests within the Delta. At a minimum, the advisory committees shall include representatives of state agencies and other stakeholders with interests in the Delta’s ecosystem, water supply, and socioeconomic sustainability, including, but not limited to, its recreational, agricultural, flood control, environmental, and water resources, and state, local, and utility infrastructure. The commission shall encourage participation of various federal agencies, including the United States Bureau of Reclamation, the United States Fish and Wildlife Service, the United States Army Corps of Engineers, and others as appropriate.
(b)  The commission may appoint committees from its membership or may appoint additional advisory committees from members of other interested public agencies and private groups.
(c)  The commission shall seek advice and recommendations from advisory committees appointed by local government that are involved in subject matters affecting the Delta.
(Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 20. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 4 - Powers and Duties of the Commission › Section 29754.

29754. The commission shall establish and maintain an office within the Delta or the City of Rio Vista, and for this purpose the commission may rent or own property and equipment. Any rule, regulation, procedure, plan, or other record of the commission that constitutes a public record under state law shall be available for inspection and copying pursuant to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(Amended by Stats. 2021, Ch. 615, Sec. 388. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 4 - Powers and Duties of the Commission › Section 29755.

29755. The commission shall appoint, and fix the salary of, an executive director who shall have charge of administering the affairs of the commission, including entering into contracts, subject to the directions and policies of the commission. The executive director shall, subject to the approval of the commission, appoint those employees that are necessary to carry out the functions of the commission.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 4 - Powers and Duties of the Commission › Section 29756.

29756. The commission may promote, facilitate, and administer the acquisition of voluntary private and public wildlife and agricultural conservation easements in the delta.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 4 - Powers and Duties of the Commission › Section 29756.5.

29756.5. The commission may act as the facilitating agency for the implementation of any joint habitat restoration or enhancement programs located within the primary zone of the Delta, including, but not limited to, a national heritage area designation in the Delta.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 22. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 4 - Powers and Duties of the Commission › Section 29757.

29757. The commission may apply for and accept federal grants or other federal funds and receive gifts, donations, rents, royalties, state funds derived from bond sales, the proceeds of taxes or funds from any other state revenue sources, or any other financial support from public or private sources.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 4 - Powers and Duties of the Commission › Section 29758.

29758. All members of the commission are subject to Title 9 (commencing with Section 85100) of the Government Code.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 4 - Powers and Duties of the Commission › Section 29759.

29759. (a) Not later than July 1, 2011, the commission shall prepare and adopt, by a majority vote of the membership of the commission, an economic sustainability plan. The economic sustainability plan shall include information and recommendations that inform the Delta Stewardship Council’s policies regarding the socioeconomic sustainability of the Delta region.
(b) The economic sustainability plan shall include, but not be limited to, all of the following:
(1) Public safety recommendations, such as flood protection recommendations.
(2) The economic goals, policies, and objectives in local general plans and other local economic efforts, including recommendations on continued socioeconomic sustainability of agriculture and its infrastructure and legacy communities in the Delta.
(3) Comments and recommendations to the Department of Water Resources concerning its periodic update of the flood management plan for the Delta.
(4) Identification of ways to encourage recreational investment along the key river corridors, as appropriate.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 23. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 5 - Resource Management Plan › Section 29761.

29761. The commission shall adopt, by a majority vote, the economic sustainability plan and each plan update after at least three public hearings, with at least one hearing held in a community in the north Delta, one hearing in the south Delta, and one hearing in the west Delta.
(Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 25. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 5 - Resource Management Plan › Section 29761.5.

29761.5. (a) The commission shall review, and, as determined to be necessary, amend the economic sustainability plan every five years on or before December 31 in years ending in six or one.
(b) The commission shall transmit copies of the economic sustainability plan and any subsequent amendments to the Governor, Legislature, each local government as defined in Section 29725, and Delta Stewardship Council within 60 days of adoption or amendment. Within 180 days of the commission’s adoption or amendment of the economic sustainability plan, the Delta Stewardship Council shall review the economic sustainability plan for consistency with the Delta Plan.
(Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 27. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 5 - Resource Management Plan › Section 29763.

29763. Within 180 days from the date of the adoption of the resources management plan or any amendments, changes, or updates, to the resources management plan by the commission, each local government shall submit to the commission proposed amendments to its general plan that are intended to make the general plan consistent with the resources management plan with respect to land located within the primary zone.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 29. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 5 - Resource Management Plan › Section 29763.5.

29763.5. The commission shall act on proposed local government general plan amendments within 60 days from the date of submittal of the proposed amendments. The commission shall approve the proposed general plan amendments by a majority vote of the commission membership, with regard to lands within the primary zone, only after making all of the following written findings as to the potential impact of the proposed amendments, to the extent that those impacts will not increase requirements or restrictions upon agricultural practices in the primary zone, based on substantial evidence in the record:
(a) The general plan, and any development approved or proposed that is consistent with the general plan, are consistent with the resource management plan.
(b) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in wetland or riparian loss.
(c) The general plan, and development approved or proposed that is consistent with the general plan, will not result in the degradation of water quality.
(d) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in increased nonpoint source pollution.
(e) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in the degradation or reduction of Pacific Flyway habitat.
(f) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in reduced public access, provided the access does not infringe on private property rights.
(g) The general plan, and any development approved or proposed that is consistent with the general plan, will not expose the public to increased flood hazard.
(h) The general plan, and any development approved or proposed that is consistent with the general plan, will not adversely impact agricultural lands or increase the potential for vandalism, trespass, or the creation of public or private nuisances on public or private land.
(i) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in the degradation or impairment of levee integrity.
(j) The general plan, and any development approved or proposed that is consistent with the general plan, will not adversely impact navigation.
(k) The general plan, and any development approved or proposed that is consistent with the general plan, will not result in any increased requirements or restrictions upon agricultural practices in the primary zone.
(Amended by Stats. 1998, Ch. 584, Sec. 6. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 5 - Resource Management Plan › Section 29763.8.

29763.8. A local government shall adopt its proposed general plan amendments within 120 days after their approval by the commission.
(Amended by Stats. 1994, Ch. 1155, Sec. 4. Effective September 30, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 5 - Resource Management Plan › Section 29764.

29764. Land use authority granted to the commission by this division is limited to the primary zone, and shall not preempt local government general plans for lands within the secondary zone.
(Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 31. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 5 - Resource Management Plan › Section 29765.

29765. Prior to the commission approving the general plan amendments of the local government, the local government may approve development within the primary zone only after making all of the following written findings on the basis of substantial evidence in the record:
(a) The development will not result in wetland or riparian loss.
(b) The development will not result in the degradation of water quality.
(c) The development will not result in increased nonpoint source pollution or soil erosion, including subsidence or sedimentation.
(d) The development will not result in degradation or reduction of Pacific Flyway habitat.
(e) The development will not result in reduced public access, provided that access does not infringe upon private property rights.
(f) The development will not expose the public to increased flood hazards.
(g) The development will not adversely impact agricultural lands or increase the potential for vandalism, trespass, or the creation of public or private nuisances on private or public land.
(h) The development will not result in the degradation or impairment of levee integrity.
(i) The development will not adversely impact navigation.
(j) The development will not result in any increased requirements or restrictions upon agricultural practices in the primary zone.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 5 - Resource Management Plan › Section 29766.

29766. Nothing in this division shall deny the right of private or public property owners and local governments to establish agriculture preserves and enter into contracts pursuant to the California Land Conservation Act of 1965 (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code) or apply other enforceable restrictions or zoning within the primary zone or the secondary zone.
(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 5 - Resource Management Plan › Section 29767.

29767. The commission may not exercise the power of eminent domain in implementing the resource management plan, unless requested by the landowner.
(Amended by Stats. 1998, Ch. 584, Sec. 8. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 6 - Appeal and Judicial Review › Section 29770.

29770. (a) Any person who is aggrieved by any action taken by a local government or other local agency in implementing the resource management plan, or otherwise taken pursuant to this division, may file an appeal with the commission. The ground for an appeal and the commission consideration of an appeal shall be that an action, as to land located exclusively within the primary zone, is inconsistent with the resource management plan, the approved portions of local government general plans that implement the resource management plan, or this division. The appeal shall be heard by the commission within 60 days from the date of the filing of the appeal, unless the commission, either itself or by delegation to the executive director, determines that the issue raised on appeal is not within the commission’s jurisdiction or does not raise an appealable issue.
(b) In the absence of an appeal by an aggrieved person, the commission may decide by majority vote to review on appeal any action taken by a local government or other local agency in implementing the resource management plan, or otherwise taken pursuant to this division, for land located exclusively within the primary zone, if the commission believes the action may be inconsistent with the resource management plan, or this division.
(c) The commission shall, by regulation, adopt administrative procedures governing those appeals.
(d) The commission may comment on projects within the secondary zone that impact the primary zone.
(Amended by Stats. 2006, Ch. 547, Sec. 4. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 6 - Appeal and Judicial Review › Section 29771.

29771. After a hearing on an appealed action pursuant to Section 29770, the commission shall either deny the appeal or remand the matter to the local government or local agency for reconsideration, after making specific findings. Upon remand, the local government or local agency shall modify the appealed action and resubmit the matter for review to the commission. A proposed action appealed pursuant to this section shall not be effective until the commission has adopted written findings, based on substantial evidence in the record, that the action is consistent with the resources management plan, the approved portions of local government general plans that implement the resources management plan, and this division.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 32. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 6 - Appeal and Judicial Review › Section 29772.

29772. An aggrieved person may seek judicial review of any action taken by the commission in adopting the resource management plan or any action taken by a local government or other local agency that is appealable pursuant to subdivision (a) of Section 29770, by filing a petition for writ of mandate in accordance with Section 1094.5 of the Code of Civil Procedure within 60 days from the date that the commission action was taken or, if appealed to the commission, within 60 days from the final decision of the commission on the appeal.
(Amended by Stats. 1998, Ch. 584, Sec. 11. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 6 - Appeal and Judicial Review › Section 29773.

29773. (a) The commission may review and provide comments and recommendations to the Delta Stewardship Council on any significant project or proposed project within the scope of the Delta Plan, including, but not limited to, actions by state and federal agencies, that may affect the unique cultural, recreational, and agricultural values within the primary and secondary zones. Review and comment authority granted to the commission shall include, but is not limited to, all of the following:
(1) Identification of impacts to the cultural, recreational, and agricultural values of the Delta.
(2) Recommendations for actions that may avoid, reduce, or mitigate impacts to the cultural, recreational, and agricultural values of the Delta.
(3) Review of consistency of the project or proposed project with the resources management plan and the Delta Plan.
(4) Identification and recommendation of methods to address Delta community concerns regarding large-scale habitat plan development and implementation.
(b) The council shall take into consideration the recommendations of the commission, including the recommendations included in the economic sustainability plan. If the council, in its discretion, determines that a recommendation of the commission is feasible and consistent with the objectives of the Delta Plan and the purposes of this division, the council shall adopt the recommendation.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 33. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 7 - Financial Provisions › Section 29776.

29776. The Sacramento-San Joaquin Delta Protection Fund is hereby created in the State Treasury. Any money in the Sacramento-San Joaquin Delta Protection Fund is available, upon appropriation by the Legislature, for support of the commission in an amount not to exceed two hundred fifty thousand dollars ($250,000) in any fiscal year.
(Amended by Stats. 1996, Ch. 568, Sec. 4. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 7 - Financial Provisions › Section 29777.

29777. The commission shall not incur costs in excess of the amount of funds available for expenditure by the commission in any fiscal year.
(Amended by Stats. 2004, Ch. 286, Sec. 15. Effective January 1, 2005.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 7 - Financial Provisions › Section 29778.5.

29778.5. The Delta Investment Fund is hereby created in the State Treasury. Any funds within the Delta Investment Fund shall be available, upon appropriation by the Legislature, to the commission for the implementation of the regional economic sustainability plan, developed pursuant to Section 29759, for the purposes of enhancing Delta communities. The Delta Investment Fund may receive funds from federal, state, local, and private sources.
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 35. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 19.5 - DELTA PROTECTION ACT OF 1992 › CHAPTER 8 - Annual Report › Section 29780.

29780. On January 1 of each year, the commission shall submit to the Governor and the Legislature a report describing the progress that has been made in achieving the objectives of this division. The report shall include, but need not be limited to, all of the following:
(a) An evaluation of the effectiveness of the commission in undertaking its functions prescribed in this division, including, but not limited to, its mandates as follows:
(1) Determining the consistency of local general plans with the Delta Plan.
(2) Outcomes of appealed local land use decisions pursuant to Sections 29770 and 29771.
(3) Outcomes of reviews initiated by the commission.
(4) Facilitating regional economic sustainability.
(5) Supporting other regional activities for the enhancement of Delta communities.
(b) An update of the economic sustainability plan, using baseline conditions set forth in the original economic sustainability plan.
(c) The status of the environmental thresholds established by the commission in the original resource management plan.
(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 36. (SB 1 7x) Effective February 3, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30001.

30001. The Legislature hereby finds and declares:
(a) That the California coastal zone is a distinct and valuable natural resource of vital and enduring interest to all the people and exists as a delicately balanced ecosystem.
(b) That the permanent protection of the state’s natural and scenic resources is a paramount concern to present and future residents of the state and nation.
(c) That to promote the public safety, health, and welfare, and to protect public and private property, wildlife, marine fisheries, and other ocean resources, and the natural environment, it is necessary to protect the ecological balance of the coastal zone and prevent its deterioration and destruction.
(d) That existing developed uses, and future developments that are carefully planned and developed consistent with the policies of this division, are essential to the economic and social well-being of the people of this state and especially to working persons employed within the coastal zone.
(Amended by Stats. 1979, Ch. 1090.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30001.2.

30001.2. The Legislature further finds and declares that, notwithstanding the fact electrical generating facilities, refineries, and coastal-dependent developments, including ports and commercial fishing facilities, offshore petroleum and gas development, and liquefied natural gas facilities, may have significant adverse effects on coastal resources or coastal access, it may be necessary to locate such developments in the coastal zone in order to ensure that inland as well as coastal resources are preserved and that orderly economic development proceeds within the state.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30001.3.

30001.3. The Legislature finds and declares all of the following:
(a) Offshore wind energy generation is an important component of California’s renewable energy portfolio.
(b) While offshore wind energy generation can provide significant climate and economic benefits, industrial scale development and deployment of offshore wind energy will also have impacts on coastal and ocean resources, fisheries, and coastal communities that are not yet fully understood.
(c) The urgency of the climate crisis and the importance of ocean health to maintaining a livable planet necessitate the expeditious development of offshore wind energy generation facilities and associated infrastructure in a manner that also avoids, minimizes, and mitigates impacts to ocean and coastal resources to the maximum extent practicable.
(d) Through science-based monitoring and mitigation, meaningful engagement with affected communities, adaptive management, and equitable workforce development, California can be a world leader in the rapid, just, and environmentally sustainable generation of renewable energy from offshore wind.
(Added by Stats. 2023, Ch. 386, Sec. 2. (SB 286) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30001.5.

30001.5. The Legislature further finds and declares that the basic goals of the state for the coastal zone are to:
(a) Protect, maintain, and, where feasible, enhance and restore the overall quality of the coastal zone environment and its natural and artificial resources.
(b) Ensure orderly, balanced utilization and conservation of coastal zone resources taking into account the social and economic needs of the people of the state.
(c) Maximize public access to and along the coast and maximize public recreational opportunities in the coastal zone consistent with sound resources conservation principles and constitutionally protected rights of private property owners.
(d) Ensure priority for coastal-dependent and coastal-related development over other development on the coast.
(e) Encourage state and local initiatives and cooperation in preparing procedures to implement coordinated planning and development for mutually beneficial uses, including educational uses, in the coastal zone.
(f) Anticipate, assess, plan for, and, to the extent feasible, avoid, minimize, and mitigate the adverse environmental and economic effects of sea level rise within the coastal zone.
(Amended by Stats. 2021, Ch. 236, Sec. 1. (SB 1) Effective January 1, 2022.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30002.

30002. The Legislature further finds and declares that:
(a) The California Coastal Zone Conservation Commission, pursuant to the California Coastal Zone Conservation Act of 1972 (commencing with Section 27000), has made a detailed study of the coastal zone; that there has been extensive participation by other governmental agencies, private interests, and the general public in the study; and that, based on the study, the commission has prepared a plan for the orderly, long-range conservation, use, and management of the natural, scenic, cultural, recreational, and manmade resources of the coastal zone.
(b) Such plan contains a series of recommendations which require implementation by the Legislature and that some of those recommendations are appropriate for immediate implementation as provided for in this division while others require additional review.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30004.

30004. The Legislature further finds and declares that:
(a) To achieve maximum responsiveness to local conditions, accountability, and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement.
(b) To ensure conformity with the provisions of this division, and to provide maximum state involvement in federal activities allowable under federal law or regulations or the United States Constitution which affect California’s coastal resources, to protect regional, state, and national interests in assuring the maintenance of the long-term productivity and economic vitality of coastal resources necessary for the well-being of the people of the state, and to avoid long-term costs to the public and a diminished quality of life resulting from the misuse of coastal resources, to coordinate and integrate the activities of the many agencies whose activities impact the coastal zone, and to supplement their activities in matters not properly within the jurisdiction of any existing agency, it is necessary to provide for continued state coastal planning and management through a state coastal commission.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30005.

30005. No provision of this division is a limitation on any of the following:
(a) Except as otherwise limited by state law, on the power of a city or county or city and county to adopt and enforce additional regulations, not in conflict with this act, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity which might adversely affect the resources of the coastal zone.
(b) On the power of any city or county or city and county to declare, prohibit, and abate nuisances.
(c) On the power of the Attorney General to bring an action in the name of the people of the state to enjoin any waste or pollution of the resources of the coastal zone or any nuisance.
(d) On the right of any person to maintain an appropriate action for relief against a private nuisance or for any other private relief.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30005.5.

30005.5. Nothing in this division shall be construed to authorize any local government, or to authorize the commission to require any local government, to exercise any power it does not already have under the Constitution and laws of this state or that is not specifically delegated pursuant to Section 30519.
(Added by Stats. 1979, Ch. 744.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30006.

30006. The Legislature further finds and declares that the public has a right to fully participate in decisions affecting coastal planning, conservation, and development; that achievement of sound coastal conservation and development is dependent upon public understanding and support; and that the continuing planning and implementation of programs for coastal conservation and development should include the widest opportunity for public participation.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30006.5.

30006.5. The Legislature further finds and declares that sound and timely scientific recommendations are necessary for many coastal planning, conservation, and development decisions and that the commission should, in addition to developing its own expertise in significant applicable fields of science, interact with members of the scientific and academic communities in the social, physical, and natural sciences so that the commission may receive technical advice and recommendations with regard to its decisionmaking, especially with regard to issues such as coastal erosion and geology, agriculture, marine biodiversity, wetland restoration, sea level rise, offshore wind development, desalination plants, and the cumulative impact of coastal zone developments.
(Amended by Stats. 2023, Ch. 292, Sec. 1. (SB 704) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30007.

30007. Nothing in this division shall exempt local governments from meeting the requirements of state and federal law with respect to providing low- and moderate-income housing, replacement housing, relocation benefits, or any other obligation related to housing imposed by existing law or any law hereafter enacted.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30007.5.

30007.5. The Legislature further finds and recognizes that conflicts may occur between one or more policies of the division. The Legislature therefore declares that in carrying out the provisions of this division such conflicts be resolved in a manner which on balance is the most protective of significant coastal resources. In this context, the Legislature declares that broader policies which, for example, serve to concentrate development in close proximity to urban and employment centers may be more protective, overall, than specific wildlife habitat and other similar resource policies.
(Added by Stats. 1976, Ch. 1330.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30008.

30008. This division shall constitute California’s coastal zone management program within the coastal zone for purposes of the Federal Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.) and any other federal act heretofore or hereafter enacted or amended that relates to the planning or management of coastal zone resources; provided, however, that within federal lands excluded from the coastal zone pursuant to the Federal Coastal Zone Management Act of 1972, the State of California shall, consistent with applicable federal and state laws, continue to exercise the full range of powers, rights, and privileges it now possesses or which may be granted.
(Amended by Stats. 1978, Ch. 1075.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30010.

30010. The Legislature hereby finds and declares that this division is not intended, and shall not be construed as authorizing the commission, port governing body, or local government acting pursuant to this division to exercise their 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.
(Amended by Stats. 1991, Ch. 285, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30011.

30011. Nothing in this division shall authorize the commission to review a local government’s application of the requirements of Section 65590 of the Government Code to any development. In addition, the commission shall not require any applicant for a coastal development permit or any local government to provide certification or other evidence of compliance with the requirements of Section 65590 of the Government Code. The commission may, however, solely in connection with coastal development permit applications described in subdivision (c) of Section 30600.1, require information about the status of a local government’s action to apply the requirements of Section 65590 of the Government Code. This information shall be used for the purpose of determining time limits for commission action on these applications as provided in that subdivision (c).
(Added by Stats. 1982, Ch. 43, Sec. 5. Effective February 17, 1982.)
2023 California Code › Public Resources Code - PRC › DIVISION 20 - CALIFORNIA COASTAL ACT › CHAPTER 1 - Findings and Declarations and General Provisions › Section 30012.

30012. (a) The Legislature finds that an educated and informed citizenry is essential to the well-being of a participatory democracy and is necessary to protect California’s finite natural resources, including the quality of its environment. The Legislature further finds that through education, individuals can be made aware of and encouraged to accept their share of the responsibility for protecting and improving the natural environment.
(b) (1) The commission shall, to the extent that its resources permit, carry out a public education program that includes outreach efforts to schools, youth organizations, and the general public for the purpose of promoting understanding of, fostering a sense of individual responsibility for, and encouraging public initiatives and participation in programs for, the conservation and wise use of coastal and ocean resources. Emphasis shall be given to volunteer efforts such as the Adopt-A-Beach program.
(2) In carrying out this program, the commission shall coordinate with other agencies to avoid duplication and to maximize information sharing.
(c) The commission is encouraged to seek funding from any appropriate public or private source and may apply for and expend any grant or endowment funds for the purposes of this section without the need to specifically include funds in its budget. Any funding made available to the commission for these purposes shall be reported to the fiscal committee of each house of the Legislature at the time its budget is being formally reviewed.
(d) The commission is encouraged to seek and utilize interns for the purpose of assisting its regular staff in carrying out the purposes of this section and this division and, notwithstanding any other provision of law, may participate in any internship program the executive director determines to be appropriate. With respect to any internship program the commission uses, it shall make the best efforts to ensure that the participants in the program reflect the ethnic diversity of the state and are provided an educational and meaningful experience.
(e) The commission shall submit to each house of the Legislature an annual report describing the progress it is making in carrying out this section.
(Added by Stats. 1991, Ch. 802, Sec. 1.)