Unless expressly provided otherwise in this division, the commission shall have the primary state responsibility for the implementation of the provisions of this division and the protection plan.
Chapter 3Responsibilities of the Commission
Section § 29200
This law says that the commission is mainly responsible for putting the rules and protection plans in this division into action, unless stated otherwise within the division itself.
commission responsibilities primary responsibility implementation protection plan state responsibility rules enforcement state protection plan division rules oversight authority plan execution rule application environmental protection commission authority regulatory implementation state commission duties
Section § 29201
This section outlines some of the powers the commission has in overseeing its duties. It can accept financial support from different sources, such as grants and donations. The commission is allowed to create teams from its members and reach out to external groups for advice.
It can hire professionals if needed, initiate or face lawsuits to uphold its regulations, create rules that align with its responsibilities, and take necessary actions to fulfill its role efficiently.
In carrying out its responsibilities under this division, and in addition to the specific powers and duties of the commission under Chapters 5 (commencing with Section 29400) and 6 (commencing with Section 29500), the commission may do all of the following:
(a)CA Public Resources Code § 29201(a) Accept grants, contributions, and appropriations from any person.
(b)CA Public Resources Code § 29201(b) Appoint committees from its membership and appoint advisory committees from other interested public and private groups.
(c)CA Public Resources Code § 29201(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)CA Public Resources Code § 29201(d) Sue or 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 division.
(e)CA Public Resources Code § 29201(e) Adopt regulations consistent with this division.
(f)CA Public Resources Code § 29201(f) Do such other things as are necessary to carry out the purposes of this division and are consistent with this division.
commission responsibilities accepting grants appointing committees advisory committees professional services contracting services legal actions adopt regulations ensuring compliance sue or be sued regulatory authority public and private groups financial support acceptance implementing duties overseeing division duties
Section § 29202
This law explains how the protection plan can be changed. To make changes, the commission must hold a public hearing with a detailed notice about the changes required. If the change involves policy, it needs a two-thirds majority vote and a 90-day notice before voting. Other changes need a majority vote with a 30-day notice.
If the plan amendment affects a local area, that local government must adjust its local programs to match these changes within a year. If a local government objects to a change, that change won’t take effect until the state legislature approves it.
Specific rules apply if the Suisun Resource Conservation District or Solano County Mosquito Abatement District might be affected. They can object if the change conflicts with existing rules, and such changes need legislative approval to proceed.
(a)CA Public Resources Code § 29202(a) Consistent with this division, the commission may amend the protection plan. Such amendments shall be made by resolution of the commission adopted after a public hearing on the proposed change, of which adequate descriptive notice shall be given. Such descriptive notice shall include a general description of the changes, if any, that would be required in the certified local protection program and whether any changes would be required in the local protection program as it applies to any area outside the marsh. If the proposed amendment pertains to a policy of the protection plan, the resolution adopting the amendment may not be voted upon less than 90 days following notice of hearing on the proposed change and shall require the affirmative vote of two-thirds of the commission members. The resolution adopting any other amendment to the protection plan may not be voted on less than 30 days following notice of hearing on the proposed amendment and shall require the affirmative vote of a majority of the commission members.
(b)CA Public Resources Code § 29202(b) Any local government or district or the Solano County Local Agency Formation Commission, if affected by any such amendment to the protection plan, shall, within one year from the effective date of such amendment, prepare and submit any amendments to the local protection program, or any component thereof, to bring such program or component into conformity with the amended protection plan.
(c)CA Public Resources Code § 29202(c) No amendment to the policies of the protection plan that will require a change in the local protection program as it applies to the marsh or any area outside the marsh shall be effective until approved by the Legislature by statute if, within the 90-day period provided in subdivision (a), the local government having jurisdiction over any such area objects to such amendment in writing to the commission.
(d)CA Public Resources Code § 29202(d) No amendment to the policies of the protection plan may require a change or amendment to the component of the local protection program prepared by the Suisun Resource Conservation District until it has been approved by the Legislature by statute if, within the 90-day period provided in subdivision (a), the department objects to such amendment in writing to the commission on the grounds that such amendment would be inconsistent with this division.
(e)CA Public Resources Code § 29202(e) No amendment to the policies of the protection plan may require a change or amendment to the component of the local protection program prepared by the Solano County Mosquito Abatement District until it has been approved by the Legislature by statute if, within the 90-day period provided in subdivision (a), the Director of Health objects to such amendment in writing to the commission on the grounds that such amendment would be inconsistent with the applicable provisions of the Health and Safety Code.
protection plan amendment public hearing notice local protection program two-thirds commission vote majority vote policy amendment local government adjustment legislative approval Suisun Resource Conservation District Solano County Mosquito Abatement District public objection Health and Safety Code consistency legislature approval process commission members vote policy changes
Section § 29203
By March 1, 1978, a commission must create a detailed map of a marsh that includes both primary and secondary management areas. This map, with a specific scale, is to be filed with the county clerk. Once filed, any changes to the marsh boundaries or management areas require legislative approval.
Not later than March 1, 1978, the commission shall prepare and adopt a detailed map for the marsh, on a scale of one inch equals 24,000 inches, which shall show both the primary and secondary management areas, and which the commission shall file with the clerk of the county. Upon the filing of such map with the clerk of the county, no further changes in the boundaries of the marsh or the boundaries of the primary or secondary management areas shall be made without the approval of the Legislature by statute.
marsh management primary management areas secondary management areas boundary changes map preparation legislative approval county filing detailed map commission duties scale of map boundary approval March 1 1978 deadline county clerk filing environmental regulation land management areas
Section § 29204
The law requires that by July 1, 1978, the commission must update the San Francisco Bay Plan and adjust certain area boundaries. These updates do not need the approval of the Legislature, even though other laws might suggest otherwise.
Not later than July 1, 1978, the commission shall make any necessary changes in the San Francisco Bay Plan and in existing priority use area boundaries established pursuant to Section 66611 of the Government Code. Notwithstanding any provision to the contrary in Title 7.2 (commencing with Section 66600) of the Government Code, such changes shall not require the approval of the Legislature.
San Francisco Bay Plan priority use areas area boundaries Government Code Section 66611 legislative approval July 1 1978 deadline commission changes Title 7.2 provisions boundary adjustments Bay Area planning
Section § 29205
This law states that the marsh is included as part of the California coastal zone, according to the Coastal Zone Management Act of 1972 and any other related federal laws. The commission overseeing this zone has the authority to manage, plan, and issue necessary certifications to ensure activities comply with these laws.
The commission can use any powers outlined in these federal laws, except for certain facilities as defined elsewhere, to control and guide the use of marsh resources effectively.
(a)CA Public Resources Code § 29205(a) The marsh shall be considered part of the commission’s segment of the California coastal zone, and this division shall be part of the commission’s segment of California’s coastal zone management program, for purposes of the Coastal Zone Management Act of 1972 (P.L. 92-583; 16 U.S.C. 1451 et seq.) as amended, and any other federal act heretofore or hereafter enacted or amended that relates to the planning or management of coastal zone resources.
(b)CA Public Resources Code § 29205(b) Except with respect to a facility defined in Section 25110, the commission may exercise any and all powers set forth in the Coastal Zone Management Act of 1972, as amended, or any amendment thereto, or any other federal act heretofore or hereafter enacted that relates to the planning or management of the marsh. In addition to any other authority, the commission may grant or issue any certificate or statement required pursuant to any such federal law that an activity of any person is in conformity with the provisions of this division.
California coastal zone Coastal Zone Management Act marsh management resource planning federal coastal laws commission powers certifications management authority coastal resources compliance with federal law environmental oversight coastal zone activities
