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Article 1. The Board of California Water Code >> Division 5. >> Part 4. >> Chapter 2. >> Article 1.
(a) The board is continued in existence and shall continue to
exercise and have all of its powers, duties, purposes,
responsibilities, and jurisdiction.
(b) Notwithstanding any other provision of law, the board shall act independently of the department. The department shall not overturn any action or decision by the board.
(c) It is the intent of the Legislature to transfer the duties and corresponding funding allocated to the Reclamation Board as it exists on December 31, 2007, together with all necessary positions, to the board as it is reconstituted on and after January 1, 2008.
(b) Notwithstanding any other provision of law, the board shall act independently of the department. The department shall not overturn any action or decision by the board.
(c) It is the intent of the Legislature to transfer the duties and corresponding funding allocated to the Reclamation Board as it exists on December 31, 2007, together with all necessary positions, to the board as it is reconstituted on and after January 1, 2008.
(a) Except as provided in subdivision (g), the board consists
of nine members who shall be appointed in accordance with this
section.
(b) (1) Seven members of the board shall be appointed by the Governor, subject to Senate confirmation.
(2) Of the members appointed pursuant to paragraph (1), the following requirements apply:
(A) One person shall be an engineer.
(B) One person shall have training, experience, and expertise in geology or hydrology.
(C) One person shall be a flood control expert with not less than five years' experience.
(D) One person shall be an attorney with water experience.
(E) Three persons shall be public members.
(c) One member of the board shall be the Chair of the Senate Committee on Natural Resources and Water, to the extent that service with the board does not conflict with his or her legislative duties.
(d) One member of the board shall be the Chair of the Assembly Committee on Water, Parks and Wildlife, to the extent that service with the board does not conflict with his or her legislative duties.
(e) The members appointed pursuant to subdivisions (c) and (d) shall be nonvoting ex officio members.
(f) (1) Except as provided in paragraph (2), the board members appointed pursuant to subdivision (b) shall serve four-year terms.
(2) The board members initially appointed pursuant to this section shall determine, by lot, that five members shall serve four-year terms and four members shall serve two-year terms.
(g) Each board member holding office on December 31, 2007, shall continue to serve until his or her successor is appointed and has been qualified to hold office. The order of replacement shall be determined by lot.
(b) (1) Seven members of the board shall be appointed by the Governor, subject to Senate confirmation.
(2) Of the members appointed pursuant to paragraph (1), the following requirements apply:
(A) One person shall be an engineer.
(B) One person shall have training, experience, and expertise in geology or hydrology.
(C) One person shall be a flood control expert with not less than five years' experience.
(D) One person shall be an attorney with water experience.
(E) Three persons shall be public members.
(c) One member of the board shall be the Chair of the Senate Committee on Natural Resources and Water, to the extent that service with the board does not conflict with his or her legislative duties.
(d) One member of the board shall be the Chair of the Assembly Committee on Water, Parks and Wildlife, to the extent that service with the board does not conflict with his or her legislative duties.
(e) The members appointed pursuant to subdivisions (c) and (d) shall be nonvoting ex officio members.
(f) (1) Except as provided in paragraph (2), the board members appointed pursuant to subdivision (b) shall serve four-year terms.
(2) The board members initially appointed pursuant to this section shall determine, by lot, that five members shall serve four-year terms and four members shall serve two-year terms.
(g) Each board member holding office on December 31, 2007, shall continue to serve until his or her successor is appointed and has been qualified to hold office. The order of replacement shall be determined by lot.
Each member of the board appointed pursuant to subdivision
(b) of Section 8551 shall receive compensation as follows:
(a) Each member shall receive the necessary expenses incurred by the member in the performance of official duties.
(b) Any member traveling outside the state pursuant to authorization of the board, and the approval of the Governor and Director of Finance as provided by Section 11032 of the Government Code, while so engaged shall receive per diem and his or her necessary expenses.
(c) Each member shall receive the salary provided for in Section 11564 of the Government Code.
(a) Each member shall receive the necessary expenses incurred by the member in the performance of official duties.
(b) Any member traveling outside the state pursuant to authorization of the board, and the approval of the Governor and Director of Finance as provided by Section 11032 of the Government Code, while so engaged shall receive per diem and his or her necessary expenses.
(c) Each member shall receive the salary provided for in Section 11564 of the Government Code.
The Governor shall select one of the members of the board as
president.
The board may elect one of its members other than the
president as vice president.
The vice president shall have the powers and perform the
duties of the president under the following circumstances:
(a) During the president's absence or inability to act.
(b) At the request of the president.
(c) When authorized by the board.
(a) During the president's absence or inability to act.
(b) At the request of the president.
(c) When authorized by the board.
The board shall have its office in the County of Sacramento.
The office is the principal place of business and legal residence of
the board and of the drainage district.
The regular meetings of the board shall be held at times
fixed by the board.
A majority of the voting members of the board constitutes a
quorum.
No action of the board shall be effective unless a quorum is
present and the action is concurred in by a majority of all of the
voting members of the board.
Special meetings of the board may be called at any time by
the president or by a majority of the members upon notice given by
mail or telegraph to each member at his place of residence or
business, and there received at least 12 hours before the hour fixed
for the meeting.
The board shall keep full and correct minutes of all
proceedings and transactions of all meetings of the board.
The minutes shall be open for public inspection during office
hours.
The board shall have a seal of such device as the board may
adopt.
The seal of the board is also the seal of the drainage
district.
A copy of any record of the board, certified by its secretary
or assistant secretary to be a true copy, and attested by the seal
of the board, is prima facie evidence of the existence and contents
of the record.
For making a copy of any of its records the board may charge
and collect the actual reasonable cost of making the copy, including
the time of its employees and materials used, and one dollar ($1) for
the certificate if a certified copy is requested.
The board may require a deposit in advance sufficient to
cover the charges for copying and certifying copies of its records.
All money collected for copying and certifying copies of the
board's records shall be paid monthly to the State Treasurer and
credited to the balance remaining unexpended of any appropriation or
assessment available for the general administrative expenses of the
board.
The board may adopt, amend or repeal rules to promote the
convenient, orderly and just conduct of the business of the board and
of the drainage district.
The rules may be suspended or compliance therewith may be
waived by the board at any meeting to such extent as may be deemed
proper.
A member of the board shall comply with the conflict of
interest requirements of Section 87100 of the Government Code when
voting to carry out any part of a plan of flood control and when
carrying out the objects of this part.
No member of the board shall be held personally liable on any
obligation or liability of any kind or character arising out of the
claim that he has failed to carry out any obligation imposed upon the
board by this division and the Legislature expressly declares that
discretion is vested in the board and the members thereof to
determine how and when the various provisions of this division and
the projects contemplated in this division with which the board is
concerned may best be carried into effect.
(a) A board member shall not participate in any board action
or attempt to influence any decision or recommendation by any
employee of, or consultant to, the board that involves himself or
herself or that involves any entity with which the member is
connected as a director, officer, consultant, or full- or part-time
employee, or in which the member has a direct personal financial
interest within the meaning of Section 87100 of the Government Code.
(b) A board member shall not participate in any proceeding before any agency as a consultant or in any other capacity on behalf of any person that actively participates in matters before the board.
(c) For a period of 12 months after leaving office, a former board member shall not act as agent or attorney for, or otherwise represent, any other person before the board by making any formal or informal appearance or by making any oral or written communication to the board.
(d) A board member shall not advocate to the United States Army Corps of Engineers or other federal agency on behalf of any project that has been or is reasonably anticipated to be submitted to the board for review, unless the board authorizes that action in accordance with Section 8560.
(b) A board member shall not participate in any proceeding before any agency as a consultant or in any other capacity on behalf of any person that actively participates in matters before the board.
(c) For a period of 12 months after leaving office, a former board member shall not act as agent or attorney for, or otherwise represent, any other person before the board by making any formal or informal appearance or by making any oral or written communication to the board.
(d) A board member shall not advocate to the United States Army Corps of Engineers or other federal agency on behalf of any project that has been or is reasonably anticipated to be submitted to the board for review, unless the board authorizes that action in accordance with Section 8560.
(a) For the purposes of this section, "ex parte communication"
means any oral or written communication outside of a noticed board
meeting concerning matters, other than purely procedural matters,
regarding any of the following:
(1) An application that has been submitted to the board and has been determined to be complete by the executive officer.
(2) An enforcement action.
(3) Any other quasi-judicial matter requiring board action, after the matter has been placed on the board's agenda and notice of the meeting has been provided pursuant to Section 11125 of the Government Code.
(b) (1) A board member appointed pursuant to subdivision (b) of Section 8551 shall not participate in an ex parte communication with any person or organization with an interest in board decisions, nor any person representing a person or organization with an interest in board decisions, excluding a staff member of the board acting in his or her official capacity, who intends to influence the decision of a board member on a matter before the board.
(2) If an ex parte communication occurs, the board member shall notify the interested party that a full disclosure of the ex parte communication shall be entered in the board's record.
(3) Communications cease to be ex parte communications when the board member or the person who engaged in the communication with the board member fully discloses the communication and requests in writing that it be placed in the board's official record of the proceeding.
(c) Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) do not apply to proceedings of the board to which this section applies.
(1) An application that has been submitted to the board and has been determined to be complete by the executive officer.
(2) An enforcement action.
(3) Any other quasi-judicial matter requiring board action, after the matter has been placed on the board's agenda and notice of the meeting has been provided pursuant to Section 11125 of the Government Code.
(b) (1) A board member appointed pursuant to subdivision (b) of Section 8551 shall not participate in an ex parte communication with any person or organization with an interest in board decisions, nor any person representing a person or organization with an interest in board decisions, excluding a staff member of the board acting in his or her official capacity, who intends to influence the decision of a board member on a matter before the board.
(2) If an ex parte communication occurs, the board member shall notify the interested party that a full disclosure of the ex parte communication shall be entered in the board's record.
(3) Communications cease to be ex parte communications when the board member or the person who engaged in the communication with the board member fully discloses the communication and requests in writing that it be placed in the board's official record of the proceeding.
(c) Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) do not apply to proceedings of the board to which this section applies.
(a) Any aggrieved person shall have a right to seek judicial
review of any permit or enforcement order issued by the board by
filing a petition for a writ of mandate in accordance with Section
1094.5 of the Code of Civil Procedure, within 30 days after the
decision or action has become final.
(b) For purposes of this section, an "aggrieved person" means any person or public agency that, in person or through a representative, appeared at a public hearing of the board in connection with the decision or action appealed, or that, by other appropriate means before the decision, informed the board of the nature of their concerns.
(b) For purposes of this section, an "aggrieved person" means any person or public agency that, in person or through a representative, appeared at a public hearing of the board in connection with the decision or action appealed, or that, by other appropriate means before the decision, informed the board of the nature of their concerns.
