It is the intent of the Legislature to minimize duplication and conflicts among existing state agencies carrying out their regulatory duties and responsibilities in connection with the subject matter of this division.
Chapter 4Responsibilities of Other State and Federal Agencies
Section § 29300
This law is about reducing any unnecessary overlap or conflicts among state agencies when they perform their regulatory tasks.
regulatory duties state agencies minimize duplication conflicts legislative intent regulatory responsibilities division subject matter agency coordination inter-agency collaboration reducing overlap government efficiency agency duties
Section § 29301
This law section states that creating this part of the law won't change the power of any state agency. It keeps the existing agency powers the same as before.
It also clarifies that the rules about development outlined in other chapters are not limited by this section. However, the commission is not allowed to create rules that repeat what other state agencies are already doing, according to their legal authority.
Except as otherwise expressly provided in this division, enactment of this division does not increase, decrease, duplicate, or supersede the authority of any existing state agency.
This chapter does not limit in any way the regulatory controls over development provided in Chapters 5 (commencing with Section 29400) and 6 (commencing with Section 29500); except that the commission may not set standards or adopt regulations that duplicate regulatory controls established by any existing state agency pursuant to express statutory requirements or authorization.
state agency authority regulatory controls development regulations duplicate regulations state agency powers commission limitations regulations on development statutory requirements agency regulation standards Chapter 5 and 6 regulations existing agency powers non-duplication of authority enactment effects state commission express statutory authorization
Section § 29302
This section of the law says that state agencies must follow and implement the rules and policies of a specific protection plan. However, they don't have to get permits under certain other sections of the law.
Also, even if the protection plan suggests otherwise, this law doesn't force local or state agencies or the federal government to set or maintain specific water quality standards in marshes or specific delta outflows.
(a)CA Public Resources Code § 29302(a) This division imposes a judicially enforceable duty on state agencies to comply with, and to carry out their duties and responsibilities in conformity with, this division and the policies of the protection plan.
(b)CA Public Resources Code § 29302(b) However, this division does not subject any agency of the state or federal government to the permit requirements of Sections 29502, 29503, and 29504.
(c)CA Public Resources Code § 29302(c) Further, notwithstanding any policy of the protection plan to the contrary, nothing contained in this division requires any local government or state or federal agency to establish or meet a specific water quality standard in the marsh or to maintain a specific level of delta outflow.
state agencies judicially enforceable duty protection plan policies permit requirements exemption local government water quality standards marsh water standards delta outflow levels state responsibility federal government exemption agency duties permit exemption marsh protection water protection policies environmental compliance
Section § 29303
This law says that the parts of the protection plan and local protection program for the marsh should align with certain assumptions. These assumptions are used to create statewide plans for managing and using marshlands, as guided by another part of the Government Code.
It is the intent of the Legislature that the provisions of this division, the protection plan, and the local protection program, or any component thereof, prepared pursuant to Chapter 5 (commencing with Section 29400) provide the common assumptions upon which state functional plans for the marsh are based in accordance with the provisions of Section 65036 of the Government Code.
protection plan local protection program marsh management common assumptions state functional plans Government Code Section 65036 marshland use environmental protection legislative intent functional plans statewide planning marsh conservation wetland planning state plans alignment
Section § 29304
This section allows a commission to suggest changes to how state agencies operate to align with a protection plan. These suggestions can involve adjusting regulations, rules, or laws. If an agency does not act on these recommendations, they must explain their reasons to the commission, the Governor, and the Legislature within six months. Additionally, the commission must continue sending recommendations on time, following existing procedures.
(a)CA Public Resources Code § 29304(a) The commission may periodically submit to any state agency recommendations designed to encourage such agency to carry out its functions in a manner consistent with the policies of the protection plan. The recommendations may include proposed changes in regulations, rules, and statutes.
(b)CA Public Resources Code § 29304(b) Such state agency shall review and consider such recommendations and shall, in the event the recommendations are not implemented, report to the commission or the Governor and the Legislature its action and the reasons therefor within six months after receipt of the recommendations. Such report shall also include the agency’s comments on any legislation which may have been proposed by the commission.
(c)CA Public Resources Code § 29304(c) The procedures provided in this section do not relieve the commission of its responsibility to submit recommendations to other state agencies in a timely manner pursuant to existing procedures; and, to the maximum extent possible, the commission shall submit any recommendations authorized by subdivision (a) pursuant to such existing procedures.
state agency recommendations protection plan regulations changes agency compliance legislative proposals agency reporting government accountability review and consider recommendations timely submission agency feedback commission authority state agency functions report to Governor statutes adjustment rules modification
Section § 29305
The Wildlife Conservation Board is responsible for acquiring land or water that it finds suitable for conservation purposes. Once these areas are acquired, the department can build facilities on them if the board approves. The process for acquiring land or water must follow the existing Wildlife Conservation Law and certain criteria outlined in another section.
The Wildlife Conservation Board shall acquire title to, or a lesser right or interest in, land or water that the board determines is appropriate for the purposes of the protection plan. When authorized by the board, the department shall construct facilities that are suitable for the purpose for which the acquisitions were made. The acquisitions shall be made in accordance with the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code) and the criteria specified in Section 29009 of this code.
Wildlife Conservation Board land acquisition water acquisition protection plan facility construction Wildlife Conservation Law of 1947 Fish and Game Code conservation purposes board authorization acquisition criteria
Section § 29306
This law specifies that the primary responsibility for creating and managing wildlife and fishery programs in California lies with the Department of Fish and Wildlife and the Fish and Game Commission. The San Francisco Bay Conservation and Development Commission cannot impose additional controls beyond what these agencies establish.
The Department of Fish and Wildlife is also responsible for executing fish and wildlife management in marsh areas according to state-approved protection plans, specifically on state-owned lands under its control.
(a)CA Public Resources Code § 29306(a) The department and the Fish and Game Commission are the state agencies that are primarily responsible for the establishment and control of wildlife and fishery management programs, and the San Francisco Bay Conservation and Development Commission may not establish or impose any controls with respect thereto that duplicate or exceed regulatory controls established by such agencies pursuant to express statutory requirements or authorization.
(b)CA Public Resources Code § 29306(b) The department shall have primary responsibility for carrying out fish and wildlife management programs in the marsh in accordance with the management recommendations in the protection plan on lands owned by the state and under the jurisdiction, control, or supervision of the department.
wildlife management fishery management Fish and Game Commission Department of Fish and Wildlife San Francisco Bay Conservation marsh management state agencies protection plan regulatory controls jurisdiction state-owned lands fish management wildlife programs management recommendations San Francisco Bay
Section § 29307
This section outlines the responsibilities of the State Lands Commission in managing state-owned lands, which include tidelands, submerged lands, and beds of navigable waters. The Commission must manage these lands according to existing management recommendations and has the right to review and comment on local protection programs that may impact state lands before they are approved. Importantly, the authority of the State Lands Commission over its lands cannot be changed by any local government powers. Additionally, agreements about land boundaries or exchanges made by the Commission are not considered developments. Finally, development on lands granted to local governments is subject to both the grant's terms and regulatory controls.
(a)CA Public Resources Code § 29307(a) The State Lands Commission shall have the primary responsibility, in accordance with the provisions of Division 6 (commencing with Section 6001), for carrying out the management recommendations in the protection plan on lands owned by the state and under the jurisdiction, control, or supervision of the State Lands Commission, including tidelands, submerged lands, swamp and overflowed lands, and beds of navigable rivers and streams.
(b)CA Public Resources Code § 29307(b) Prior to approval by the San Francisco Bay Conservation and Development Commission pursuant to Chapter 5 (commencing with Section 29400), the State Lands Commission shall review, and may comment on, the proposed local protection program, or any component thereof, that could affect state lands.
(c)CA Public Resources Code § 29307(c) No power granted to any local government or district under this division, shall change the authority of the State Lands Commission over granted or ungranted lands within its jurisdiction or change the rights and duties of its grantees, lessees, or permittees.
(d)CA Public Resources Code § 29307(d) Boundary settlements between the State Lands Commission and other parties and any exchanges of land in connection therewith shall not be a development within the meaning of that term as used in this division.
(e)CA Public Resources Code § 29307(e) Nothing in this division shall amend or alter the terms and conditions in any legislative grant of lands, in trust, to any local government or district; except, that any development on such granted lands shall, in addition to the terms and conditions of such grant, be subject to the regulatory controls provided by Chapter 6 (commencing with Section 29500).
State Lands Commission tidelands submerged lands navigable rivers local protection program boundary settlements land exchanges development regulation legislative grant terms local government powers land management granted lands regulatory controls jurisdiction state-owned lands management
Section § 29308
This law requires all federal agencies to follow this particular division and adhere to the protection plan's policies, as long as doing so is allowed by federal law, regulations, or the U.S. Constitution.
All federal agencies, to the extent permitted under federal law or regulations or the United States Constitution, shall comply with this division and the policies of the protection plan.
federal agencies compliance protection plan policies federal law limitations agency regulations compliance requirements federal agency obligations federal compliance guidelines U.S. Constitution constraints regulatory adherence protection plan adherence
