CCLME.ORG - California Bay-Delta Authority Act WC Division 26.4 (commencing with WC 79400)
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State
California
WC Sec 79420-79423 Powers and Duties (CALIFORNIA BAY-DELTA AUTHORITY -- CALIFORNIA BAY-DELTA AUTHORITY ACT)

WATER CODE
SECTION 79420-79423





79420. The authority may exercise all of the following powers:
(a) Sue or be sued.
(b) Delegate administrative functions to the staff of the
authority.
(c) Request reports from state, federal, and local government
agencies on issues related to the implementation of the California
Bay-Delta Program.
(d) Receive funds, including funds from private and local
government sources, contributions from public and private sources, as
well as state and federal appropriations.
(e) Enter into contracts. The authority and the Department of
General Services shall establish procedures to delegate authority to
the authority or the director, as appropriate, to execute contracts
of up to one million dollars ($1,000,000), and to maximize
flexibility and efficiency in implementing authority activities.
(f) Disburse funds through grants, public assistance, loans, and
contracts to entities, including federally recognized Indian tribes,
within the Bay-Delta Program regions, as described in subdivision (e)
of Section 79401, to carry out the Bay-Delta Program goals and
objectives.
(g) Employ the services of other public, nonprofit, or private
entities.
(h) Employ its own legal staff or contract with other state or
federal agencies for legal services, or both. The authority may
employ special legal counsel with the approval of the Attorney
General.
(i) Adopt regulations as needed for the implementation of this
division. A federal representative may decline to participate in
actions described in this subdivision if he or she identifies a
constitutional or statutory limitation on that participation. The
authority granted by this subdivision does not extend to the adoption
of regulations to implement the program elements described in
subdivisions (a) to (f), inclusive, and subdivision (h) of Section
79441.
(j) Obtain and hold regulatory permits and prepare environmental
documents.
(k) Pursuant to Section 78684.8, the authority is hereby
designated the successor to the Secretary of the Resources Agency for
the purpose of carrying out the balancing and related procedures
established pursuant to Section 78684.12.



79420. (a) The authority may exercise all of the following powers:

(1) Sue or be sued.
(2) Delegate administrative functions to the staff of the
authority.
(3) Request reports from state, federal, and local government
agencies on issues related to the implementation of the California
Bay-Delta Program.
(4) Receive funds, including funds from private and local
government sources, and contributions from public and private
sources, as well as state and federal appropriations.
(5) Enter into contracts consistent with existing contracting
practices of the Department of General Services.
(6) Disburse funds through grants, public assistance, loans, and
contracts to entities, including federally recognized Indian tribes,
within the Bay-Delta Program regions, as described in subdivision (e)
of Section 79401, to carry out the Bay-Delta Program goals and
objectives.
(7) Employ the services of other public, nonprofit, or private
entities.
(8) Employ its own legal staff or contract with other state or
federal agencies for legal services, or both. The authority may
employ special legal counsel with the approval of the Attorney
General.
(9) Adopt regulations as needed for the implementation of this
division. A federal representative may decline to participate in
actions described in this subdivision if he or she identifies a
constitutional or statutory limitation on that participation. The
authority granted by this paragraph does not extend to the adoption
of regulations to implement the program elements described in
subdivisions (a) to (f), inclusive, and subdivision (h) of Section
79441.
(10) Obtain and hold regulatory permits and prepare environmental
documents.
(11) Pursuant to Section 78684.8, the authority is hereby
designated the successor to the Secretary of the Resources Agency for
the purpose of carrying out the balancing and related procedures
established pursuant to Section 78684.12.
(b) This section shall become operative only if this bill and
Senate Bill 1653 of the 2001-02 Regular Session are both chaptered
and become effective on or before January 1, 2003, and this bill is
chaptered last, in which case this section shall prevail over Section
79420, as added by Senate Bill 1653.



79421. The authority shall carry out the following duties:
(a) Develop policies and make decisions at program milestones, and
provide direction to achieve balanced implementation, integration,
and continuous improvement in all program elements.
(b) Track the progress of all program projects and activities and
assess overall achievement of the goals and objectives of the
California Bay-Delta Program.
(c) Modify, as needed, the California Bay-Delta Program's
timelines and activities where the authority deems it necessary to
ensure that the program meets its overall goals and objectives.
Modification shall be coordinated with implementing agencies and
other affected agencies with public input. The authority shall
notify the appropriate policy and fiscal committees of the
Legislature with regard to any modifications made by the authority.
(d) Communicate with the Congress of the United States and the
Legislature on program progress, answer legislative inquiries, review
and respond to legislative proposals, and review and submit
legislative proposals.
(e) On or before November 15 of each year, review progress in
implementing the program.
(f) On or before December 15 of each year, submit a report to the
Governor, the Secretary of the Interior, the Legislature, and the
Congress of the United States that describes the status of
implementation of all program elements for the prior fiscal year.
(g) If, at the conclusion of each annual review submitted pursuant
to subdivision (f), or, if a timely annual review has not been
issued, the authority or the Governor, or the Secretary of the
Interior if federal authorizing legislation has been enacted,
determines, in writing, that either the program schedule or objective
has not been substantially adhered to, the authority, in
coordination with the Bay-Delta Public Advisory Committee, the
Governor shall, and the Secretary of the Interior may, prepare a
revised schedule that will achieve balanced progress in all program
elements consistent with the intent of the California Bay-Delta
Program and applicable regulatory requirements.
(h) To support annual implementation, the director shall prepare
and submit to the Department of Finance an annual state proposed
budget, prepared consistent with Section 79423, for each of the
program elements and the authority's oversight and coordination
duties, in accordance with the annual State Budget process.
(i) Coordinate with federal agencies to develop a proposed federal
budget to support the California Bay-Delta Program that the federal
agencies can submit to the President of the United States in
accordance with the annual federal budget process.
(j) Manage the science program element.
(k) Coordinate, and when appropriate, assist with the integration
of, the Bay-Delta Program with other related programs to maximize
available resources and reduce conflicts and inconsistencies with
other programs.
(l) Provide a forum for the resolution of conflicts or disputes
among implementing agencies relating to the program.
(m) Seek out and promote partnerships with local interests and
programs that seek to integrate various water management options, and
cooperate and undertake joint activities with other persons,
including local entities, Indian tribes, water users, and landowners.
These activities shall include, but are not limited to, planning,
design, technical assistance, construction projects, and development
of an independent science program.
(n) Develop, in cooperation with federal agencies, a regulatory
coordination and streamlining process for the issuance of permits and
approvals required under state and federal law as necessary, to
achieve the program's goals and objectives that reduces or eliminates
duplicative process.
(o) Adopt criteria for review, approval, and modification of
annual program plans and projected expenditures pursuant to
subdivision (i) of Section 79423. The criteria shall be consistent
with existing state and federal agency budget development, review,
and approval processes. The authority shall submit a copy of the
criteria to the appropriate policy and fiscal committees of the
Legislature.
(p) Meet jointly with the Bay-Delta Public Advisory Committee at
least once annually.



79422. By December 15, 2003, develop a pilot program in
coordination with the Department of Personnel Administration, the
State Personnel Board, the Department of General Services, and the
Department of Finance to develop and implement actions that are
intended to increase the administrative efficiency of the authority,
including, but not limited to, budgeting, contracting, purchasing,
and personnel management. The authority shall submit a report
summarizing the implementation of this section to the appropriate
policy and fiscal committees of the Legislature not later than 120
days after the authority commences the implementation of the pilot
program.



79423. (a) Implementing agencies shall annually submit to the
authority their annual program plan and proposed budget for the
following budget year describing how each implementing agency
proposes to implement their respective program elements during the
following budget year. These programs shall address environmental
justice concerns and assess the impacts of projects and activities on
tribal trust resources and tribal governmental concerns.
(b) Each annual program plan and proposed budget shall include
programs that are designated as Category A programs in Attachment 3,
entitled "Implementation Memorandum of Understanding" of the CALFED
Bay-Delta Program Record of Decision, dated August 28, 2000, or as it
may be amended.
(c) Annually, the authority shall consult with the agencies
identified in subdivision (f) of Section 79401 and the Bay-Delta
Public Advisory Committee, and shall determine, with the concurrence
of the implementing agencies, those changes that shall be made to the
list of Category A programs.
(d) Each annual program plan and proposed budget shall include
program priorities, work plans, proposed budgets, and significant
program products, including, but not limited to, regulations, grant
or loan solicitations, schedules for production of environmental
documents, and project selection processes.
(e) Annual program plans and proposed budgets also shall include a
strategy and proposed budget for addressing program-specific,
critical scientific uncertainties, developing and implementing
performance measures, evaluating program actions, developing
strategies for incorporating tribal and environmental justice
interests, and conducting scientific review of program implementation
and proposed projects. The implementing agency and the director
shall consult with the lead scientist, as appropriate, to determine
an appropriate science strategy and proposed budget.
(f) Implementing agencies shall coordinate the preparation of
annual program plans and proposed budgets with agencies participating
in the California Bay-Delta Program, federally recognized Indian
tribes, and other appropriate agencies.
(g) The implementing agencies and the director shall seek to
integrate the annual plans and proposed budgets for the program
elements into a comprehensive and balanced annual implementation
plan.
(h) The implementing agencies shall develop comprehensive tribal
and environmental justice work plans, including specific goals and
objectives and projected expenditures that address all program areas.

(i) The authority shall review and approve, and, as appropriate,
may recommend that implementing agencies modify, annual program plans
and projected expenditures on behalf of Category A programs, based
on the following criteria:
(1) Consistency with the program.
(2) The balanced achievement of the program's goals and
objectives.
(j) If the authority does not approve an implementing agency's
program plan or projected expenditures, the authority shall prepare
and submit written findings to the appropriate policy and fiscal
committees of the Legislature and the implementing agencies,
describing how the program plan or projected expenditures do not meet
the criteria adopted by the authority pursuant to subdivision (o) of
Section 79421.
(k) If the authority recommends modification, the implementing
agency shall resubmit the annual program plan or projected
expenditures, as appropriate, to the authority for approval after
making the necessary modifications.
(l) Nothing in this division limits or interferes with the final
decisionmaking authority of the implementing agencies.




79423. (a) The implementing agencies shall annually submit to the
director their annual program plan and proposed budget for the
following budget year describing how each implementing agency
proposes to implement their respective program elements during the
following budget year. The director shall then submit a
comprehensive budget proposal to the Secretary of the Resources
Agency for consideration consistent with the existing budget
development process. Individual departmental budget requests are
exempt from 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). These programs shall also address
environmental justice concerns and assess the impacts of projects and
activities on tribal trust resources and tribal governmental
concerns.
(b) Each annual program plan and proposed budget shall include
programs that are designated as Category A programs in Attachment 3,
entitled "Implementation Memorandum of Understanding" of the CALFED
Bay-Delta Program Record of Decision, dated August 28, 2000, or as it
may be amended.
(c) Annually, the authority shall consult with the agencies
identified in subdivision (f) of Section 79401 and the Bay-Delta
Public Advisory Committee, and shall determine, with the concurrence
of the implementing agencies, those changes that shall be made to the
list of Category A programs.
(d) Each annual program plan and proposed budget shall include
program priorities, work plans, proposed budgets, and significant
program products, including, but not limited to, regulations, grant
or loan solicitations, schedules for production of environmental
documents, and project selection processes.
(e) Annual program plans and proposed budgets also shall include a
strategy and proposed budget for addressing program-specific,
critical scientific uncertainties, developing and implementing
performance measures, evaluating program actions, developing
strategies for incorporating tribal and environmental justice
interests, and conducting scientific review of program implementation
and proposed projects. The implementing agency and the director
shall consult with the lead scientist, as appropriate, to determine
an appropriate science strategy and proposed budget.
(f) The implementing agencies shall develop comprehensive tribal
and environmental justice work plans, including specific goals and
objectives and projected expenditures that address all program areas.

(g) The implementing agencies shall coordinate the preparation of
annual program plans and proposed budgets with agencies participating
in the California Bay-Delta Program, federally recognized Indian
tribes, and other appropriate agencies.
(h) The implementing agencies and the director shall seek to
integrate the annual plans and proposed budgets for the program
elements into a comprehensive and balanced annual implementation
plan.
(i) Annually, the authority shall review and approve, and, as
appropriate, may recommend that implementing agencies modify,
multiyear program plans and long-term expenditure plans on behalf of
Category A programs, based on the following criteria:
(1) Consistency with the program.
(2) The balanced achievement of the program's goals and
objectives.
(j) If the authority does not approve an implementing agency's
multiyear program plan and long-term expenditure plan, the authority
shall prepare and submit written findings to the appropriate policy
and fiscal committees of the Legislature and the implementing
agencies, describing how the multiyear program plan and long-term
expenditure plan do not meet the criteria adopted by the authority
pursuant to subdivision (o) of Section 79421.
(k) If the authority recommends modification to implementation of
the Budget Act for the current fiscal year or the multiyear program
plan and long-term expenditure plan, the implementing agency shall
resubmit the Budget Act implementation plan, the multiyear plan, or
the long-term expenditure plan, as appropriate, to the authority for
approval. If an implementing agency makes any of the modifications
recommended by the authority, the authority shall submit these
modifications to the Legislature.
(l) Nothing in this division limits or interferes with the final
decisionmaking authority of the implementing agencies.
(m) This section shall become operative only if this bill and
Senate Bill 1653 of the 2001-02 Regular Session are both chaptered
and become effective on or before January 1, 2003, and this bill is
chaptered last, in which case this section shall prevail over Section
79423, as added by Senate Bill 1653.