Section § 5852

Explanation

This law section defines the term "Delta" specifically as the Sacramento-San Joaquin Delta area, but excludes the parts that are located in Alameda County.

“Delta” means the Sacramento-San Joaquin Delta, as defined in Section 12220 of the Water Code minus the area contained in Alameda County.

Section § 5853

Explanation
This section defines the term 'Commission' as referring specifically to the Delta Protection Commission according to another section, 29721.
“Commission” means Delta Protection Commission as defined in Section 29721.

Section § 5854

Explanation

This law outlines the creation of the Great California Delta Trail, a recreational trail system, around the delta area, linking key trails in several counties like Contra Costa, Solano, and Sacramento. The trail plan should consider biking and hiking routes, existing parks, and transit connections while ensuring no harm to environmentally sensitive areas or private lands. It emphasizes non-motorized use except for emergencies and accessibility. Buffer zones and alternative routes are important to protect sensitive areas. Any funds used for this plan should come from outside the General Fund and are not seen as mitigation for wetland loss. The commission must manage the funds and submit a complete or partial plan within two years once funds are available.

(a)CA Public Resources Code § 5854(a) In accordance with the requirements of subdivision (c), the commission shall develop and adopt a plan and implementation program, including a finance and maintenance plan, for a continuous regional recreational corridor that extends around the delta, including, but not limited to, the delta’s shorelines in Contra Costa, Solano, San Joaquin, Sacramento, and Yolo Counties. This plan shall link the San Francisco Bay Trail system to the planned Sacramento River trails in Yolo and Sacramento Counties. This plan shall include a specific route of a bicycling and hiking trail, the relationship of the route to existing and proposed park and recreational facilities and land and water trail systems, and links to existing and proposed public transportation and transit. The transportation and transit links may include, but are not limited to, roadside bus stops, transit facilities, and transportation facilities. The continuous regional recreational corridor planned and executed pursuant to this chapter shall be called the Great California Delta Trail. The continuous regional recreational corridor shall include, but not be limited to, bikeway systems, and hiking and bicycling trails.
(b)CA Public Resources Code § 5854(b) The Great California Delta Trail plan shall do all of the following:
(1)CA Public Resources Code § 5854(b)(1) Provide that designated environmentally sensitive areas, including wildlife habitats and wetlands, shall not be adversely affected by the trail.
(2)CA Public Resources Code § 5854(b)(2) Provide for appropriate buffer zones along those portions of the bikeway system adjacent to designated environmentally sensitive areas and areas with private uses, when appropriate.
(3)CA Public Resources Code § 5854(b)(3) Provide that the land and funds used for any purposes under this chapter are not considered mitigation for wetlands losses.
(4)CA Public Resources Code § 5854(b)(4) Provide alternative routes to avoid impingement on environmentally sensitive areas, traditional hunting and fishing areas, and areas with private uses, when appropriate.
(5)CA Public Resources Code § 5854(b)(5) Provide that no motorized vehicles, except to the extent necessary for emergency services, including, but not limited to, medical and structural emergencies, and for handicap access, be allowed on the trail.
(c)CA Public Resources Code § 5854(c) The commission may develop and adopt the plan and the implementation program if it receives sufficient funds, from sources other than the General Fund, to either (1) finance the full costs of developing and adopting the plan or (2) develop and implement a defined portion of the plan, such as specific trail segments and related facilities identified in the plan. The commission shall submit the plan and the implementation program to the Legislature and each of the counties within the commission’s service area not later than two years after the commission determines that sufficient funds will be available to complete all or a defined portion of the plan and implementation program.
(d)CA Public Resources Code § 5854(d) The commission shall administer the funds used in the planning of the trail.

Section § 5855

Explanation

This law requires the creation of two advisory committees to assist in planning and implementing a trail. The technical advisory committee includes members from local governments and regional associations and focuses on technical and funding proposals. Participation is voluntary, and members do not get reimbursed for their costs. Similarly, a stakeholder advisory committee includes environmental, agricultural, business, and recreational interest groups. This committee advises on the trail's impacts and usage. Meetings of both committees are governed by the state's Open Meeting Act to ensure transparency.

(a)CA Public Resources Code § 5855(a) The commission shall establish a technical advisory committee that shall review the trail’s planning, implementation, and funding proposals. The committee shall include members and staff of appropriate regional government associations, local jurisdictions, and districts. Participation in the committee is voluntary and its members are not eligible for reimbursement from the state for costs incurred to participate. The committee may make recommendations, to the commission, on the trail’s planning, implementation, and funding. The executive director of the commission shall convene the meetings of the committee.
(b)CA Public Resources Code § 5855(b) A cooperative working relationship shall be established with state and federal agencies, and all other cities, counties, districts, including school districts, and regional government associations that are affected by the proposed trail.
(c)CA Public Resources Code § 5855(c) The commission shall establish a stakeholder advisory committee representing groups concerned with environmental and ecological protection of the delta, groups representing agricultural, private, and other business uses of the delta’s land and water, and groups representing bicycling, walking, boating, horseback riding, and other relevant recreational activities. The stakeholder advisory committee shall advise the commission on the trail’s impacts on and uses for committee member constituencies. Participation in the committee is voluntary and its members are not eligible for reimbursement from the state for costs incurred to participate. The committee may make recommendations, to the commission, on the trail’s planning, implementation, and funding. The executive director of the commission shall convene the meetings of the stakeholder advisory committee.
(d)CA Public Resources Code § 5855(d) The meetings of the committees established in subdivisions (a) and (c) shall be subject to the provisions of 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).