2007 California Public Resources Code Chapter 4. Responsibilities Of Other State And Federal Agencies

CA Codes (prc:29300-29308)

29300.  It is the intent of the Legislature to minimize duplication
and conflicts among existing state agencies carrying out their
regulatory duties and responsibilities in connection with the subject
matter of this division.


29301.  Except as otherwise expressly provided in this division,
enactment of this division does not increase, decrease, duplicate, or
supersede the authority of any existing state agency.
   This chapter does not limit in any way the regulatory controls
over development provided in Chapters 5 (commencing with Section
29400) and 6 (commencing with Section 29500); except that the
commission may not set standards or adopt regulations that duplicate
regulatory controls established by any existing state agency pursuant
to express statutory requirements or authorization.



29302.  (a) This division imposes a judicially enforceable duty on
state agencies to comply with, and to carry out their duties and
responsibilities in conformity with, this division and the policies
of the protection plan.
   (b) However, this division does not subject any agency of the
state or federal government to the permit requirements of Sections
29502, 29503, and 29504.
   (c) Further, notwithstanding any policy of the protection plan to
the contrary, nothing contained in this division requires any local
government or state or federal agency to establish or meet a specific
water quality standard in the marsh or to maintain a specific level
of delta outflow.



29303.  It is the intent of the Legislature that the provisions of
this division, the protection plan, and the local protection program,
or any component thereof, prepared pursuant to Chapter 5 (commencing
with Section 29400) provide the common assumptions upon which state
functional plans for the marsh are based in accordance with the
provisions of Section 65036 of the Government Code.



29304.  (a) The commission may periodically submit to any state
agency recommendations designed to encourage such agency to carry out
its functions in a manner consistent with the policies of the
protection plan. The recommendations may include proposed changes in
regulations, rules, and statutes.
   (b) Such state agency shall review and consider such
recommendations and shall, in the event the recommendations are not
implemented, report to the commission or the Governor and the
Legislature its action and the reasons therefor within six months
after receipt of the recommendations.  Such report shall also include
the agency's comments on any legislation which may have been
proposed by the commission.
   (c) The procedures provided in this section do not relieve the
commission of its responsibility to submit recommendations to other
state agencies in a timely manner pursuant to existing procedures;
and, to the maximum extent possible, the commission shall submit any
recommendations authorized by subdivision (a) pursuant to such
existing procedures.



29305.  The Wildlife Conservation Board shall acquire title to, or a
lesser right or interest in, land or water that the board determines
is appropriate for the purposes of the protection plan. When
authorized by the board, the department shall construct facilities
that are suitable for the purpose for which the acquisitions were
made. The acquisitions shall be made in accordance with the Wildlife
Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of
Division 2 of the Fish and Game Code) and the criteria specified in
Section 29009 of this code.



29306.  (a) The department and the Fish and Game Commission are the
state agencies that are primarily responsible for the establishment
and control of wildlife and fishery management programs, and the San
Francisco Bay Conservation and Development Commission may not
establish or impose any controls with respect thereto that duplicate
or exceed regulatory controls established by such agencies pursuant
to express statutory requirements or authorization.
   (b) The department shall have primary responsibility for carrying
out fish and wildlife management programs in the marsh in accordance
with the management recommendations in the protection plan on lands
owned by the state and under the jurisdiction, control, or
supervision of the department.



29307.  (a) The State Lands Commission shall have the primary
responsibility, in accordance with the provisions of Division 6
(commencing with Section 6001), for carrying out the management
recommendations in the protection plan on lands owned by the state
and under the jurisdiction, control, or supervision of the State
Lands Commission, including tidelands, submerged lands, swamp and
overflowed lands, and beds of navigable rivers and streams.
   (b) Prior to approval by the San Francisco Bay Conservation and
Development Commission pursuant to Chapter 5 (commencing with Section
29400), the State Lands Commission shall review, and may comment on,
the proposed local protection program, or any component thereof,
that could affect state lands.
   (c) No power granted to any local government or district under
this division, shall change the authority of the State Lands
Commission over granted or ungranted lands within its jurisdiction or
change the rights and duties of its grantees, lessees, or
permittees.
   (d) Boundary settlements between the State Lands Commission and
other parties and any exchanges of land in connection therewith shall
not be a development within the meaning of that term as used in this
division.
   (e) Nothing in this division shall amend or alter the terms and
conditions in any legislative grant of lands, in trust, to any local
government or district; except, that any development on such granted
lands shall, in addition to the terms and conditions of such grant,
be subject to the regulatory controls provided by Chapter 6
(commencing with Section 29500).



29308.  All federal agencies, to the extent permitted under federal
law or regulations or the United States Constitution, shall comply
with this division and the policies of the protection plan.