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State
California
WC Sec 79450-79456 Staff (CALIFORNIA BAY-DELTA AUTHORITY -- CALIFORNIA BAY-DELTA AUTHORITY ACT)

WATER CODE
SECTION 79450-79456





79450. The Governor, in consultation with the Secretary of the
Interior, shall appoint a director who shall serve at the pleasure of
the authority.


79451. The director shall administer the affairs of the authority
as directed by the authority and shall direct the staff of the
authority. The annual salary of the director shall be as provided by
Section 11552 of the Government Code.


79452. (a) The authority, with the advice of the director, shall
appoint a lead scientist. The lead scientist shall report to the
authority. The lead scientist, in cooperation with the implementing
agencies, shall be responsible for the development of the science
program element.
(b) The lead scientist shall meet the following requirements:
(1) Has undertaken substantial scientific research work in any
field related to one or more of the program elements.
(2) Has experience managing environmental issues or advising
high-level managers in methods for promoting science-based
decisionmaking in the areas of water management and ecosystem
restoration.
(3) Has a record of publication in peer reviewed scientific
literature.
(c) For all program elements, the lead scientist shall ensure
scientific application of adaptive management, monitoring, and
investigations to reduce uncertainties, and full investigation of the
effects of each program element on other program elements.
(d) The lead scientist shall ensure that peer review is employed
extensively and prudently to ensure the quality of program planning,
implementation, and evaluation.
(e) The purpose of the science program element shall be to carry
out all of the following functions:
(1) Provide implementing agencies and the authority with
authoritative and unbiased reviews of the state of scientific
knowledge relevant to management and decisionmaking for the
California Bay-Delta Program.
(2) Implement programs and projects to articulate, test, refine,
and improve the scientific understanding of all aspects of the
bay-delta and its watershed areas.
(3) Provide a comprehensive framework to integrate, monitor, and
evaluate the use of adaptive management and the best available
scientific understandings and practices for implementing the
California Bay-Delta Program.
(4) Independently review the technical and scientific performance
of the California Bay-Delta Program, including, but not limited to,
all of the following:
(A) Conclusions.
(B) Studies, monitoring, performance measures.
(C) Data analyses.
(D) Scientific practices that form the scientific bases for
program decisionmaking.



79452.3. (a) Notwithstanding any other provision of law, the lead
scientist of the California Bay-Delta Authority, as appointed
pursuant to Section 79452 of the Water Code, may, in collaboration
with the Director of Fish and Game, directly or indirectly enter into
contracts with scientific experts for the purpose of conducting
studies of delta fisheries. A contract entered into pursuant to this
section shall terminate no later than January 1, 2008, and shall be
exempt from Part 2 (commencing with Section 10100) of Division 2 of
the Public Contract Code, Section 19130 of the Government Code, and
any rules or regulations adopted pursuant to any of those provisions.

(b) This section shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted statute
that is enacted on or before January 1, 2008, deletes or extends
that date.



79453. The director may appoint and hire staff as necessary to
administer the affairs of the authority at a salary and
classification level commensurate with other state and federal
agencies.



79453. (a) The director may appoint and hire staff as necessary to
administer the affairs of the authority.
(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
79453, as added by Senate Bill 1653.



79454. The director shall organize authority staff in a manner best
suited to administer the affairs of the authority and oversee a
complex multiagency program.



79455. (a) The director may fill authority staff positions with the
state employees hired by the authority, federal employees assigned
to the program by cooperating federal agencies, or with staff from
other state public entities.
(b) Notwithstanding any other provision of law, and only for the
purposes of this division, the authority may hire members of
federally recognized Indian tribes and nonprofit organizations in
accordance with the interjurisdictional employee exchange program
described in Section 427 of Title 2 of the California Code of
Regulations.
(c) The authority shall retain all state civil service positions
when the position is filled temporarily by way of the
interjurisdictional employee exchange program pursuant to subdivision
(b), without regard to whether that state position was vacant.



79455. (a) Notwithstanding any other provision of law, and only for
the purposes of this division, the authority may hire members of
federally recognized Indian tribes and nonprofit organizations in
accordance with the inter-jurisdictional employee exchange program
described in Section 427 of Title 2 of the California Code of
Regulations.
(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
79455, as added by Senate Bill 1653.



79456. Notwithstanding Section 19818.10 of the Government Code, and
in cooperation with the State Personnel Board, and the Department of
Personnel Administration, the authority shall establish personnel
classifications, including a new management level classification,
specific to the authority's unique role in oversight and
coordination.