Chapter 2 - Mission, Duties, and Responsibilities of the Council

California Water Code — §§ 85210-85214

Sections (6)

§ 85210

Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.

The council has all of the following powers:

(a)To sue or be sued.

(b)To enter into contracts.

(c)To employ the services of public, nonprofit, and private entities.

(d)To delegate administrative functions to council staff.

(e)To employ its own legal staff or contract with other state or federal agencies for legal services, or both. The council may employ special legal counsel with the approval of the Attorney General.

(f)To receive funds, including funds from private and local governmental sources, contributions from public and private sources, as well as state and federal appropriations.

(g)To disburse funds through grants, public assistance, loans, and contracts.

(h)To request reports from state, federal, and local governmental agencies on issues related to the implementation of the Delta Plan.

(i)To adopt regulations or guidelines as needed to carry out the powers and duties identified in this

division.

(j)To comment on state agency environmental impact reports for projects outside the Delta that the council determines will have a significant impact on the Delta.

(k)To hold hearings in all parts of the state necessary to carry out the powers vested in it, and for those purposes has the powers conferred upon the heads of state departments pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code. Any hearing by the council may be conducted by any member of the council, or other designee, upon authorization of the council, and he or she shall have the powers granted to the council by this section, provided that any final action of the council shall be taken by a majority of the membership of the council at a meeting duly called and held.

§ 85210.5

Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.

A majority of the voting members of the council shall constitute a quorum for the transaction of the business of the council. A majority vote of the voting membership shall be required to take action with respect to any matter unless otherwise specified in this division. The vote of each member shall be individually recorded.

§ 85211

Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.

The Delta Plan shall include performance measurements that will enable the council to track progress in meeting the objectives of the Delta Plan. The performance measurements shall include, but need not be limited to, quantitative or otherwise measurable assessments of the status and trends in all of the following:

(a)The health of the Delta’s estuary and wetland ecosystem for supporting viable populations of aquatic and

terrestrial species, habitats, and processes, including viable populations of Delta fisheries and other aquatic organisms.

(b)The reliability of California water supply imported from the Sacramento River or the San Joaquin River watershed.

§ 85212

Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 39. (SB 1 7x) Effective February 3, 2010.

The council shall review and provide timely advice to local and regional planning agencies regarding the consistency of local and regional planning documents, including sustainable communities strategies and alternative planning strategies prepared pursuant to Section 65080 of the Government Code, with the Delta Plan. The council’s input shall include, but not be limited to, reviewing the consistency of local and regional planning documents with the ecosystem restoration needs of the

Delta and reviewing whether the lands set aside for natural resource protection are sufficient to meet the Delta’s ecosystem needs. A metropolitan planning organization preparing a regional transportation plan under Section 65080 of the Government Code that includes land within the primary or secondary zones of the Delta shall consult with the council early in the planning process regarding the issues and policy choices relating to the council’s advice. No later than 60 days prior to the adoption of a final regional transportation plan, the metropolitan planning organization shall provide the council with a draft sustainable communities strategy and an alternative planning strategy, if any. Concurrently, the metropolitan planning organization shall provide notice of its submission to the council in the same manner in which agencies file a certificate of consistency pursuant to Section 85225. If the council concludes that the draft sustainable communities strategy or alternative planning strategy is

inconsistent with the Delta Plan, the council shall provide written notice of the claimed inconsistency to the metropolitan planning organization no later than 30 days prior to the adoption of the final regional transportation plan. If the council provides timely notice of a claimed inconsistency, the metropolitan planning organization’s adoption of the final regional transportation plan shall include a detailed response to the council’s notice.

§ 85213

Amended by Stats. 2021, Ch. 650, Sec. 1. (SB 821) Effective October 7, 2021.

(a)The council may contract for consultant services and architectural and engineering services to assist the council with all of the following functions:

(1)Preparation of the Delta Plan and associated environmental review.

(2)Performance of the council’s responsibilities, or the responsibilities of the Delta Independent Science Board, with respect to the Bay Delta Conservation Plan.

(3)Determination of the consistency of state and local public agency actions with the Delta Plan.

(4)Performance of

scientific review to inform water and environmental decisionmaking in the Delta.

(b)The council shall contract for the services of the members of the Delta Independent Science Board established pursuant to Section 85280, at an hourly rate of one hundred fifty dollars ($150). The council shall increase the hourly rate annually based on inflation and cost of living adjustments.

(c)(1) Contracts entered into pursuant to this section for consultant services shall be

exempt from Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, and any rules or regulations adopted pursuant to those laws. Contracts entered into pursuant to subdivision (a) for architectural and engineering services shall be entered into pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, but are exempt from the requirement in Section 4526 of the Government Code to adopt regulations prior to contracting.

(2)The council shall not enter into a contract pursuant to subdivision (a) for consultant services unless at least three bids or proposals to do the work have been evaluated by a competitive process.

(3)The council shall establish procedures for contracting for services pursuant to this section, consistent with paragraphs (1) and (2). The procedures shall be exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

§ 85214

Added by Stats. 2010, Ch. 718, Sec. 25. (SB 855) Effective October 19, 2010.

(a)It is the intent of the Legislature to avoid any actual or apparent conflict of interest with respect to contracts entered into by the council for work relating to the Delta Plan and the Bay Delta Conservation Plan.

(b)Therefore, it is the intent of the Legislature that any contract entered into by the council for purposes of developing the Delta Plan should include provisions ensuring the independence of the contractor’s work on the Delta Plan with respect to any work that the contractor may do, or may have completed, related to the Bay Delta Conservation Plan.