Chapter 4Governing Board

Section § 32330

Explanation

This law outlines the composition of a specific board with 11 voting members and 2 nonvoting members. Voting members include high-level state officials like the Secretary of the Natural Resources Agency and the Director of Finance, along with representatives from several county boards and public members appointed by state officials. Two nonvoting members are legislative representatives.

The board also includes 10 nonvoting liaison advisers from various federal and state environmental and conservation agencies. Public members can serve two four-year terms, while county-appointed members serve at the discretion of their boards. Alternate members can be appointed for certain positions by their respective counties.

The board shall consist of 11 voting members and two nonvoting members, appointed or designated as follows:
(a)CA Public Resources Code § 32330(a) The 11 voting members of the board shall consist of all of the following:
(1)CA Public Resources Code § 32330(a)(1) The Secretary of the Natural Resources Agency, or his or her designee.
(2)CA Public Resources Code § 32330(a)(2) The Director of Finance, or his or her designee.
(3)CA Public Resources Code § 32330(a)(3) One member of the board or a designee who is appointed by the Contra Costa County Board of Supervisors, who is a resident of that county.
(4)CA Public Resources Code § 32330(a)(4) One member of the board or a designee who is appointed by the Sacramento County Board of Supervisors, who is a resident of that county.
(5)CA Public Resources Code § 32330(a)(5) One member of the board or a designee who is appointed by the San Joaquin County Board of Supervisors, who is a resident of that county.
(6)CA Public Resources Code § 32330(a)(6) One member of the board or a designee who is appointed by the Solano County Board of Supervisors, who is a resident of that county.
(7)CA Public Resources Code § 32330(a)(7) One member of the board or a designee who is appointed by the Yolo County Board of Supervisors, who is a resident of that county.
(8)CA Public Resources Code § 32330(a)(8) Two public members appointed by the Governor, subject to confirmation by the Senate.
(9)CA Public Resources Code § 32330(a)(9) One public member appointed by the Senate Committee on Rules.
(10)CA Public Resources Code § 32330(a)(10) One public member appointed by the Speaker of the Assembly.
(b)CA Public Resources Code § 32330(b) The two nonvoting members shall consist of a Member of the Senate, appointed by the Senate Committee on Rules, and a Member of the Assembly, appointed by the Speaker of the Assembly. The members appointed under this subdivision shall meet with the conservancy and participate in its activities to the extent that this participation is not incompatible with their positions as Members of the Legislature. The appointed members shall represent a district that encompasses a portion of the Delta.
(c)CA Public Resources Code § 32330(c) Ten liaison advisers who shall serve in an advisory, nonvoting capacity shall consist of all of the following:
(1)CA Public Resources Code § 32330(c)(1) One representative of the United States Fish and Wildlife Service, designated by the United States Secretary of the Interior.
(2)CA Public Resources Code § 32330(c)(2) One representative of the United States National Marine Fisheries Service, designated by the United States Secretary of Commerce.
(3)CA Public Resources Code § 32330(c)(3) One representative of the United States Bureau of Reclamation, designated by the United States Secretary of the Interior.
(4)CA Public Resources Code § 32330(c)(4) One representative of the United States Army Corps of Engineers, designated by the Commanding Officer, United States Army Corps of Engineers, South Pacific Division.
(5)CA Public Resources Code § 32330(c)(5) A designee of the San Francisco Bay Conservation and Development Commission for coordination purposes.
(6)CA Public Resources Code § 32330(c)(6) A designee of the State Coastal Conservancy for coordination purposes.
(7)CA Public Resources Code § 32330(c)(7) A designee of the Suisun Resource Conservation District for coordination purposes.
(8)CA Public Resources Code § 32330(c)(8) A designee of the Central Valley Flood Protection Board.
(9)CA Public Resources Code § 32330(c)(9) A designee of the Yolo Basin Foundation.
(10)CA Public Resources Code § 32330(c)(10) A designee of the Delta Protection Commission.
(d)CA Public Resources Code § 32330(d) The public members appointed by the Governor shall serve for a term of four years, with a two-term limit.
(e)CA Public Resources Code § 32330(e) The locally appointed members and alternates shall serve at the pleasure of the appointing board of supervisors.
(f)CA Public Resources Code § 32330(f) The public members appointed by the Senate Committee on Rules or the Speaker of the Assembly shall serve for a term of four years, with a two-term limit.
(g)CA Public Resources Code § 32330(g) The Members of the Senate and Assembly shall serve at the pleasure of the appointing body.
(h)CA Public Resources Code § 32330(h) Alternates for members appointed pursuant to paragraphs (3) to (7), inclusive, of subdivision (a) may be appointed by the respective county boards of supervisors.
board composition voting members nonvoting members county board representatives public member appointments liaison advisers terms of service Governor appointees Senate Committee on Rules Speaker of the Assembly Natural Resources Agency Director of Finance Delta representation environmental liaison county alternates
(Amended by Stats. 2011, Ch. 296, Sec. 264. (AB 1023) Effective January 1, 2012.)

Section § 32332

Explanation

Every year, the board's voting members choose a chairperson, a vice chairperson, and any other needed officers from among themselves. If the chairperson or vice chairperson position opens up before the term ends, the voting members will elect someone to fill the position for the rest of the term. The chairperson must be one of the members mentioned in specific parts of another section, Section 32330.

Annually, the voting members of the board shall elect from among the voting members a chairperson and vice chairperson, and other officers as necessary. If the office of the chairperson or vice chairperson becomes vacant, a new chairperson or vice chairperson shall be elected by the voting members of the board to serve for the remainder of the term. The chairperson shall be selected from among the members specified in paragraphs (3) to (7), inclusive, of subdivision (a) of Section 32330.
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(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)

Section § 32334

Explanation

This section explains that for the conservancy's board to conduct business, more than half of its voting members need to be present. They can't make decisions if this quorum isn't met. To officially decide on any matter, at least six members must vote in favor, and that decision is then official and applies to all decisions they handle.

A majority of the voting members shall constitute a quorum for the transaction of the business of the conservancy. The board shall not transact the business of the conservancy if a quorum is not present at the time a vote is taken. A decision of the board requires an affirmative vote of six of the voting membership, and the vote is binding with respect to all matters acted on by the conservancy.
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(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)

Section § 32336

Explanation

This law section requires the board to create rules and procedures for how the conservancy operates its business activities.

The board shall adopt rules and procedures for the conduct of business by the conservancy.
board duties rules creation business conduct procedures conservancy operations business activities operational guidelines conduct rules governance management procedures
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)

Section § 32338

Explanation

This law allows the board to create advisory boards or committees, host community meetings, and conduct public outreach efforts.

The board may establish advisory boards or committees, hold community meetings, and engage in public outreach.
advisory boards committees community meetings public outreach establish engage board authority community engagement public involvement stakeholder participation community input outreach efforts collaboration public communication input gathering
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)

Section § 32340

Explanation

This section mandates that the board must set up a headquarters office in the Delta. It also allows the conservancy to rent or own property and equipment, following the relevant laws and rules.

The board shall establish and maintain a headquarters office within the Delta. The conservancy may rent or own real and personal property and equipment pursuant to applicable statutes and regulations.
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(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)

Section § 32342

Explanation

This law section states that the board is responsible for deciding the qualifications needed for an executive officer of the conservancy, who will not be part of civil service. Additionally, the board has the authority to hire other necessary staff to carry out the duties of the conservancy.

The board shall determine the qualifications of, and shall appoint, an executive officer of the conservancy, who shall be exempt from civil service. The board shall employ other staff as necessary to execute the powers and functions provided for in this division.
board responsibilities executive officer appointment qualifications conservancy staffing civil service exemption staff employment powers and functions board authority hiring process executive role staffing decisions conservancy management employment decisions staffing needs board appointments
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)

Section § 32344

Explanation

This law section allows the board to make agreements with private companies and government organizations to get consulting and other services they need to accomplish the goals of the division.

The board may enter into contracts with private entities and public agencies to procure consulting and other services necessary to achieve the purposes of this division.
board contracts private entities public agencies consulting services procure services division goals service agreements government partnerships private company collaboration public sector contracts contract agreements service procurement agency cooperation consulting procurement contractual relationships
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)

Section § 32346

Explanation

This law allows the conservancy to cover its support and administration expenses using its operating budget and any other available funding sources.

The conservancy’s expenses for support and administration may be paid from the conservancy’s operating budget and any other funding sources available to the conservancy.
conservancy expenses support and administration operating budget funding sources conservancy funding administrative costs conservancy budget financial management fund allocation budget planning expense payment funding flexibility financial support administration costs
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)

Section § 32348

Explanation

This section requires the board to conduct its meetings in line with the Bagley-Keene Open Meeting Act, which ensures that the business of the board is done in public sessions that are accessible to all.

The board shall conduct business in accordance 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).
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(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)

Section § 32350

Explanation

This law requires that the board's regular meetings take place either in the Delta region or in the City of Rio Vista.

The board shall hold its regular meetings within the Delta or the City of Rio Vista.
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(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)