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WC Sec 79410-79415 (CALIFORNIA BAY-DELTA AUTHORITY -- CALIFORNIA BAY-DELTA AUTHORITY ACT)
79410. There is hereby established in the Resources Agency the
California Bay-Delta Authority.
79412. (a) The authority shall include representatives from six
state agencies and six federal agencies if those identified federal
agencies are authorized to participate, seven public members, one
member of the Bay-Delta Public Advisory Committee, and four nonvoting
ex officio members, as follows:
(1) The Secretary of the Resources Agency.
(2) The Secretary of the California Environmental Protection
(3) The Director of Water Resources.
(4) The Director of Fish and Game.
(5) The State Director of Health Services.
(6) The Secretary of the Department of Food and Agriculture.
(7) The Secretary of the Interior.
(8) The Regional Administrator of Region IX of the United States
Environmental Protection Agency.
(9) The Operations Manager of the California/Nevada Operations
Office of the United States Fish and Wildlife Service.
(10) The Regional Director of the United States Mid-Pacific Region
of the Bureau of Reclamation.
(11) The District Engineer of the United States Sacramento
District of the Army Corp of Engineers.
(12) The Regional Administrator of the Southwest Region of the
United States National Marine Fisheries Service.
(13) One public member from the Sacramento and San Joaquin River
(14) One public member from the San Francisco Bay Region.
(15) One public member from the Sacramento Valley Region.
(16) One public member from the San Joaquin Valley Region.
(17) One public member from the Southern California Region.
(18) One member of the Bay-Delta Public Advisory Committee.
(19) Two at-large members.
(20) The Chairperson and Vice Chairperson of the Assembly Water
Parks and Wildlife Committee, or its successor, as a nonvoting, ex
(21) The Chairperson and Vice Chairperson of the Senate
Agriculture and Water Resources Committee, or its successor, as a
nonvoting, ex officio member.
(b) The five public members subject to regional requirements shall
be appointed by the Governor, in consultation with the Secretary of
the Interior if appropriate federal authorizing legislation has not
been enacted, or with the concurrence of the Secretary of the
Interior if appropriate federal authorizing legislation has been
enacted, and with the advice and consent of the Senate.
(c) One at-large public member shall be appointed by the President
Pro Tempore of the Senate in consultation with the Secretary of the
(d) One at-large public member shall be appointed by the Speaker
of the Assembly in consultation with the Secretary of the Interior.
(e) (1) For the purposes of being eligible to serve on the board,
a public member described in any of the paragraphs (13) to (17),
inclusive, of subdivision (a) shall be required to live in the region
he or she represents.
(2) A public member shall have substantial training, expertise,
and knowledge as follows:
(A) With regard to at least one of the following areas: ecosystem
restoration, levees, water supply, or water quality.
(B) With regard to labor, Native American matters, local
government, the environment, or business if that public member meets
the requirements of subparagraph (A).
(f) The public members, as a group, shall reflect a broad range of
the experience and knowledge described in subdivision (e).
(g) The representative of the Bay-Delta Public Advisory Committee
shall be selected by a majority vote of all the members of that
(h) A member of the authority described in any of the paragraphs
(1) to (12), inclusive, of subdivision (a) may designate, in writing,
a deputy director of that member's agency, or a person occupying an
equivalent classification, to act in the place of that member if that
member is absent.
(i) The federal representatives described in paragraphs (7) to
(12), inclusive, of subdivision (a) may participate as nonvoting
members until federal authorizing legislation is enacted and upon the
enactment of that legislation, shall become voting members.
79413. Federal participation in the authority is intended to
promote coordination and provide advice from federal agencies and
thereby assist the state and federal agencies to more effectively
meet their common goals and obligations. Nothing in this division
extends the application of federal law, including the National
Environmental Policy Act, to actions by state agencies, or extends
the application of state law, including the California Environmental
Quality Act (Division 13 (commencing with Section 21000) of the
Public Resources Code), to actions by federal agencies.
79414. The authority is subject to 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).
79415. (a) Except as provided in subdivision (b), a public member
of the authority shall hold office for a term of four years, and
until a successor is appointed.
(b) In the case of the public members initially appointed by the
Governor, two members shall be appointed to serve until January 1,
2004, and three members until January 1, 2006.
(c) The Governor, in consultation with the Secretary of the
Interior, shall appoint one of the authority members as a chairperson
who shall preside at all meetings, and a vice-chairperson who shall
preside in the absence of the chairperson.
(d) For the purposes of conducting the authority's business, a
quorum of eleven voting members of the authority shall be present,
which shall include at least three public members. All actions
approved by the authority shall require an affirmative vote of a
majority of the authority members eligible to vote.
(e) The authority may form committees, and the committees may make
recommendations to the full authority.
(f) Each public member of the authority shall receive compensation
in the amount of one hundred dollars ($100) per day, not to exceed
eight hundred dollars ($800) per month, for conducting any authority
business authorized by the authority, upon the approval of the
compensation by a majority of the authority members by a recorded
vote. A public member may also receive reimbursement for the
necessary expenses incurred by the member in the performance of the