SECTIONS 29735-29741 - California Statutes

PUBLIC RESOURCES CODE

SECTION 29735-29741

29735. 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 Contra Costa County 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 Business, Transportation and Housing, or his
or her sole designee.

29735.1. (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.

29736. The appointed members of the commission shall serve at the
pleasure of their appointing entities.

29737. Members shall serve without compensation, but the expenses
of each member incurred in connection with official duties shall be
paid by the commission.

29738. 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.

29739. (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.
(c) The chairperson shall serve as a voting member of the Delta
Stewardship Council.

29740. 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.

29741. 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.