Organization - - CA Public Resources

Section § 29735

This law establishes the Delta Protection Commission, which has 15 members. It includes five members from the county boards of supervisors in the Delta area, two elected city council members from specified Delta regions, and one from the north Delta. Three members are from reclamation districts in the Delta, one each from the North Delta, Central Delta, and South Delta regions. Additionally, there are representatives or their designees from four state agencies: Food and Agriculture, State Lands Commission, Natural Resources, and Transportation. Some members can appoint a designee in their place, and the term for city council members is two years.

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.

Delta Protection Commission county board of supervisors elected city council members reclamation districts North Delta Water Agency Central Delta Water Agency South Delta Water Agency Secretary of Food and Agriculture State Lands Commission Natural Resources Agency Secretary of Transportation primary zone Delta regions Water Agency Act term of office

(Amended by Stats. 2013, Ch. 352, Sec. 486. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

Section § 29735.1

This law allows a commission member to appoint an alternate to attend meetings on their behalf, with the approval of the person who appointed the original member. The alternate can serve for up to 90 days while awaiting confirmation.

The alternate has the same powers and responsibilities as the member, but can only participate and vote if the original member is absent. Conflicts of interest rules that apply to the member also apply to the alternate. If the member has a conflict of interest on a specific issue, the alternate cannot vote on that issue either.

(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.

commission member alternate appointment meeting representation appointing power confirmation period powers and duties absence voting conflict of interest ineligible to vote commission meeting participation

(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 10. (SB 1 7x) Effective February 3, 2010.)

Section § 29736

This law states that the people appointed to the commission can remain in their positions as long as the entity that appointed them is satisfied with their performance. Basically, their job security depends on the continued approval of their appointing authority.

The appointed members of the commission shall serve at the pleasure of their appointing entities.

appointed members commission service pleasure of appointing entities job security appointment authority performance-based service commission members appointing authority member tenure entity satisfaction appointment conditions member retention commission roles appointment discretion serving term

(Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 12. (SB 1 7x) Effective February 3, 2010.)

Section § 29737

This law states that members will not receive a salary for their service, but any expenses they incur while performing their official duties will be covered by the commission.

Members shall serve without compensation, but the expenses of each member incurred in connection with official duties shall be paid by the commission.

member expenses official duties commission reimbursement unpaid service incurred expenses travel costs duty-related expenses compensation policy expense coverage financial reimbursement expense reimbursement volunteer members expense policy commission payments non-paid members

(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)

Section § 29738

If someone appointed to a commission loses any of the qualifications needed for their position, their spot is automatically made vacant. The person or group that appointed them must then choose a replacement within 30 days.

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.

appointed member commission vacancy loss of qualification appointing authority successor appointment 30-day requirement vacancy occurrence replacement process appointment qualifications commission member automatic vacancy successor selection appointment timeline commission seat filling vacancies

(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 13. (SB 1 7x) Effective February 3, 2010.)

Section § 29739

This law outlines the election process for the chairperson of the commission. Initially, the first chairperson is elected for a one-year term at the commission's first meeting after January 1, 2010. Subsequently, each chairperson is elected for a two-year term. The elected chairperson also serves as a voting member of the Delta Stewardship Council.

(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.

election process chairperson election chairperson term first meeting voting member Delta Stewardship Council one-year term two-year term commission meetings governance procedures member elections

(Repealed and added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 15. (SB 1 7x) Effective February 3, 2010.)

Section § 29740

This law states that one nonvoting member from the Senate and one from the Assembly, both representing areas within the primary zone, will participate in the commission's activities. Their involvement must not conflict with their legislative roles. These members will act as a joint interim investigating committee specifically for this division's subject matter, with powers and duties defined by the Joint Rules of the Senate and Assembly.

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.

nonvoting member Senate representative Assembly representative primary zone joint interim investigating committee commission activities legislative roles Joint Rules Senate Committee on Rules Speaker of the Assembly Legislature participation powers and duties incompatibility clause investigating committee

(Added by Stats. 1992, Ch. 898, Sec. 2. Effective January 1, 1993.)

Section § 29741

This law states that starting from January 1, 2010, the first meeting of a specific commission must be scheduled by the Governor, and it cannot happen later than January 31, 2010. All subsequent meetings must be held in a city located within the Delta region.

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.

commission meetings Governor's role meeting schedule Delta region first meeting meeting location January 1 2010 January 31 2010 date requirement city within the Delta subsequent meetings

(Amended by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 16. (SB 1 7x) Effective February 3, 2010.)