Again, on March 8th, Mr. Philip A. Douglas, Executive Secretary, Sport Fishing Institute, appeared before your subcommittee and in the course of testifying on the same legislative proposals, reported a telephone conversation which he had on the evening of March 7th with Mr. Robert L. Jones, Deputy Director of the California Department of Fish and Game. The transcript of Mr. Douglas' report on this conversation served to bear out Dr. Cain's testimony and indicated a rather adverse effect upon fish and wildlife as a result of the high incidence of loss of estuarine area habitat in California.

Unfortunately, as the record now stands, it is completely silent regarding either the concern of the State of California or remedial action taken by it to arrest the further loss of estuarine areas within the State. I am pleased to be able to report that California is not as complacent about this problem as might be inferred from the present record of your hearings. To the contrary, under the leadership of Senator J. Eugene McAteer of the City and County of San Francisco, several significant steps have been taken.

In May 1964, Senator McAteer's bill No. 14 was approved by the Governor creating the San Francisco Bay Conservation Study Commission. The report of that Study Commission was sent to the Members of the California State Legislature by letter of January 7, 1965, over the signature of Senator McAteer, Chairman of the Commission. A copy of the report is enclosed for your interest. As a direct result of the Study Commission's report, Senator McAteer introduced Senate Bill No. 309 which passed the Assembly on June 16, 1965; the Senate, the following day. The bill was signed by the Governor on July 12, 1965, and became law under Chapter 1162 of the California Statutes of 1965. A copy of this bill, now enacted into law, is enclosed for your information, and your attention is invited to Chapters 1 and 2-"Findings and Declarations of Policy” and “Definition of San Francisco Bay", respectively-which appear to go directly to the affected area of concern expressed by Dr. Cain.

In the interest of providing appropriate recognition to these efforts by the State of California, I would like to request that this letter; Senator McAteer's bills No. 14 and 309, which have been enacted into law; the Senator's letter of transmittal to the California Legislature of the Study Commission's report; and the Introduction and Summary Findings and Recommendations of the report, be inserted in the printed record of your subcommittee's hearings on H.R. 25, and other identical and similar bills, immediately following the testimony of Dr. Cain.

Compliances with this request will be appreciated.
Sincerely,

(Introduced by Senator McAteer, Feb. 4, 1964)

An act creating the San Francisco Bay Conservation Study Commission, prescribing the membership and the powers and duties of the commission, and making an appropriation therefor.

[Approved by Governor May 19, 1964. Filed with Secretary of State May 20, 1964] The people of the State of California do enact as follows:

ARTICLE 1. DECLARATION OF POLICY

SECTION 1. The Legislature hereby finds and declares that it is imperative to define the public interest in San Francisco Bay and that it be determined what effects the further filling of San Francisco Bay will have upon navigation, fish and wildlife, air and water pollution, and all of the regional needs of the future population of the Bay region. The Legislature, therefore, declares that it is in the best interests of the people of the State, and particularly the people of the San Francisco Bay area, and that a San Francisco Bay Conservation Study Commission be created to study these matters and report thereon to the Legislature.

The Legislature further declares, however, that the functions of the San Francisco Bay Conservation Study Commission are of an advisory nature and shall not be construed so as to abrogate or supersede the functions of the Legislature or of the duly constituted planning agencies of local government.

ARTICLE 2. DEFINITION OF SAN FRANCISCO BAY

SEC. 11. For the purpose of this act, the San Francisco Bay includes the water areas from the south end of the bay to the Sacramento River line (Simmons Point-Stake Point in Suisun Bay) and, specifically, the marshlands (land lying between mean high tide and five feet above mean sea level); tidelands (land lying between mean high tide and mean low tide); and submerged lands (land lying below mean low tide), but excluding from the marshlands, tidelands and submerged lands those lands which are not subject to tidal action.

The definition of San Francisco Bay which is made by this section is merely for the purpose of prescribing the authority of the commission which is created by this act. This definition shall not be construed to affect title to any land or to prescribe the boundaries of the San Francisco Bay for any purpose except the authority of the commission created by this act.

ARTICLE 3. SAN FRANCISCO BAY CONSERVATION STUDY COMMISSION

SEC. 21. The San Francisco Bay Conservation Study Commission is hereby created. The commission shall consist of nine members appointed as follows: (a) Two members of the public appointed by the Senate Rules Committee. (b) Two members of the public appointed by the Speaker of the Assembly. (c) Three members of the public appointed by the Governor. The Governor shall appoint members who reside in the Bay area and who will be objective in their approach to the task assigned to the commission.

(d) One Member of the Assembly appointed by the Speaker of the Assembly and one Member of the Senate appointed by the Senate Rules Committee.

The Members of the Legislature appointed to the commission shall participate in the activities of the commission to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this act, such Members of the Legislature shall constitute a joint interim investigating committee on the subject of this Act and as such shall have the powers and duties imposed upon such committees by the Joint Rules of the Senate and Assembly.

SEC. 22. The members of the commission shall serve without compensation but each of the members shall be reimbursed for his necessary expenses incurred in the performance of his duties.

SEC. 23. The Governor shall select from among the members of the commission a chairman and a vice chairman.

SEC. 24. The time and place of the first meeting of the commission shall be prescribed by the Governor, but, in no event, shall it be scheduled for a date later than 10 days after the effective date of this act.

ARTICLE 4. POWERS AND DUTIES OF THE COMMISSION

SEC. 31. The commission shall undertake a study designed to ascertain the public interest in San Francisco Bay, and shall report thereon to the Legislature not later than the fifth legislative day of the 1965 Regular Session, together with recommended legislation defining the public interest in San Francisco Bay and recommended legislation for protecting such public interest.

SEC. 32. The commission shall also undertake a study of the effects which the further filling of San Francisco Bay will have upon navigation, fish and wildlife, air and water pollution, and all of the regional needs of the future population of the bay region, and shall report thereon to the Legislature not later than the fifth legislative day of the 1965 Regular Session of the Legislature.

It is the express intention of the Legislature that this commission and every aspect of it shall expire as of the date on which the last report, as required in Sections 31 and 32, is submitted to the Legislature.

SEC. 33. In carrying out its duties and responsibilities, the commission shall have all of the following powers:

(a) To meet at such times and places as it may deem proper.

(b) As a body or, on the authorization of the commission, as a subcommittee composed of one or more members, to hold hearings at such times and places as it may deem proper.

(c) To administer oaths.

(d) To employ, pursuant to laws and regulations governing state civil service, a secretary and such clerical, legal, and technical assistants as may appear necessary.

(e) To employ an executive secretary.

(f) To contract with such other agencies, public or private, as it deems necessary, for the rendition and affording of such services, facilities, studies and reports to the commission as will best assist it to carry out its duties and responsibilities.

(g) To cooperate with and to secure the cooperation of county, city, city and county, and other local agencies in investigating any matter within the scope of its duties and responsibilities.

(h) To cooperate with every department, agency, or instrumentality in the state government, including but not limited to, the Department of Fish and Game, the Division of Beaches and Parks, the Division of Small Craft Harbors, the State Water Pollution Control Board, the San Francisco Bay Regional Water Pollution Control Board, the State Lands Commission, and the Division of Highways; and to secure directly from every department, agency, or instrumentality full cooperation, access to its records, and access to any information, suggestions, estimates, data, and statistics it may have available.

(i) To cooperate with any other state or local agency which is engaged in making developmental studies in the bay and delta regions.

(j) To cooperate with the United States Army Corps of Engineers and the Department of the Interior.

(k) To authorize its agents and employees to absent themselves from the State where necessary for the performance of their duties.

(1) The commission may accept grants from the federal government or from other public or private agencies and use such funds for the purposes set forth in this chapter.

(m) To do any and all other things necessary or convenient to enable it fully and adequately to perform its duties and to exercise the powers expressly granted it.

SEC. 34. The Legislature recognizes the current efforts of the Association of Bay Area Governments in the field of regional planning in the San Francisco Bay area, and the commission is requested to cooperate with the Association of Bay Area Governments in making its studies under this act so as to avoid duplication of efforts.

ARTICLE 5. APPROPRIATION

SEC. 41. The sum of seventy-five thousand dolars ($75,000) is hereby appropriated from the General Fund to the San Francisco Bay Conservation Study Commission for expenditure by the commission in carrying out the duties which are imposed upon it by this act.

SENATE BILL 309 CHAPTER 1162

[Passed the Senate June 17, 1965]

An act to add Title 7.2 (commencing with Section 66600) to the Government Code, relating to the San Francisco Bay Conservation and Development Commission, and making an appropriation.

The people of the State of California do enact as follows:

SECTION 1. Title 7.2 (commencing with Section 66600) is added to the Government Code, to read:

TITLE 7.2. SAN FRANCISCO BAY CONSERVATION AND

DEVELOPMENT COMMISSION

CHAPTER 1. FINDINGS AND DECLARATIONS OF POLICY

66600. The Legislature hereby finds and declares that the public interest in the San Francisco Bay is in its beneficial use for a variety of purposes; that the public has an interest in the bay as the most valuable single natural resource of an entire region, a resource that gives special character to the bay area; that the bay is a single body of water that can be used for many purposes, from conservation to planned development; and that the bay operates as a delicate physical mechanism in which changes that affect one part of the bay may also affect all other parts. It is therefore declared to be in the public interest to create a politically-responsible, democratic process by which the San Francisco Bay and its shoreline can be analyzed, planned, and regulated as a unit.

66601. The Legislature further finds and declares that the present uncoordinated, haphazard manner in which the San Francisco Bay is being filled threatens the bay itself and is therefore inimical to the welfare of both present and future residents of the area surrounding the bay; that, while some individual fill projects may be necessary and desirable for the needs of the entire bay region, and while some cities and counties may have prepared detailed master plans for their own bay lands, the fact remains that no governmental mechanism exists for evaluating individual projects as to their effect on the entire bay; and that further piecemeal filling of the bay may place serious restrictions on navigation in the bay, may destroy the irreplaceable feeding and breeding grounds of fish and wildlife in the bay, may adversely affect the quality of bay waters and even the quality of air in the bay area, and would therefore be harmful to the needs of the present and future population of the bay region.

66603. The Legislature further finds and declares that in order to protect the public interest in San Francisco Bay, a new regional approach is necessary, to be carried out by the San Francisco Bay Conservation and Development Commission created by this act and comprised of representatives of the federal government, the state government, cities and counties in the San Francisco Bay area, and the general public; that this approach, treating the entire bay as a unit should begin with a detailed study of all the characteristics of the bay, including the quality, quantity, and movement of bay waters, the ecological balance of the bay, and the economic interests in the bay, including the needs of the bay area population for industry and for employment; that the study should include the requirements of industries that would not pollute the bay nor interfere with its use for recreation or other purposes, but would need sites near deepwater channels or would need large supplies of water for their manufacturing processes; that the study should examine all present and proposed uses of the bay and its shoreline, and should give consideration to the master plans of cities and counties around the bay; and that the study should lead to the preparation of a comprehensive and enforceable plan for the conservation of the water of the bay and the development of its shoreline.

66604. The Legislature further finds and declares that in order, during the period in which the San Francisco Bay Conservation and Development Commission is formulating the comprehensive conservation and development plan referred to in Section 66603, to protect the present shoreline and body of the San Francisco Bay to the maximum extent possible, it is essential that the commission be empowered, during such period, to issue or deny permits, after public hearings, for any proposed project that involves placing fill in the bay or extracting submerged materials from the bay.

CHAPTER 2. DEFINITION OF SAN FRANCISCO BAY

66610. For the purposes of this title, the San Francisco Bay includes the shoals outside the Golden Gate and the water areas from the south end of the bay to the Golden Gate and to the Sacramento River line (Simmons Point-Stake Point in Suisun Bay) and, specifically, the marshlands (land lying between mean high tide and five feet above mean sea level); tidelands (land lying between mean high tide and mean low tide); and submerged lands (land lying below mean low tide), but excluding from the marshlands, tidelands and submerged lands those lands which are not subject to tidal action.

The definition of San Francisco Bay which is made by this section is merely for the purpose of prescribing the authority of the commission which is created by this title. This definition shall not be construed to affect title to any land or to prescribe the boundaries of the San Francisco Bay for any purpose except the authority of the commission created by this title.

CHAPTER 3. SAN FRANCISCO Bay Conservation and DevELOPMENT COMMISSION

66620. The San Francisco Bay Conservation and Development Commission is hereby created. The commission shall consist of 27 members appointed as follows:

(a) One representative of the United States Army Corps of Engineers, appointed by the Division Engineer, United States Army Engineers, South Pacific Division.

(b) One representative of the Department of Health, Education, and Welfare, appointed by the Secretary of Health, Education, and Welfare.

(c) The Administrator of Highway Transportation. (d) The State Planning Officer.

(e) The Administrator of the Resources Agency.

(f) One member of the State Lands Commission, appointed by such commission,

(g) One member of the San Francisco Bay Regional Water Pollution Control Board, appointed by such board.

(h) One member of the Bay Area Transportation Study Commission, appointed by such commission.

(i) Nine county representatives, consisting of one resident of each of the nine San Francisco Bay area counties, appointed by the board of supervisors in each county.

(j) Three representatives of cities appointed by the Association of Bay Area Governments.

(k) Seven representatives of the public, whose appointments shall be subject to confirmation by the Senate. Five of such representatives shall be appointed by the Governor, one by the Committee on Rules of the Senate, and one by the Speaker of the Assembly. These members of the commission shall be residents of the San Francisco Bay area.

66621. One member of the Senate, appointed by the Senate Rules Committee, and one member of the Assembly, appointed by the Speaker of the Assembly, shall meet with, and participate in the activities of, the commission to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. For the purposes of this title, such Members of the Legislature shall constitute a joint interim investigating committee on the subject of this title, and as such shall have the powers and duties imposed upon such committees by the Joint Rules of the Senate and Assembly.

66622. The members of the commission shall serve at the pleasure of their respective appointing powers. The members shall serve without compensation, but each of the members shall be reimbursed for his necessary expenses incurred in the performance of his duties. A member may authorize no more than one proxy for attendance at meetings or for voting, which proxy shall be designated, in writing, at the time the member is appointed to the commission. The name of the proxy shall be filed with the commission.

66623. The Governor shall select, from among public representatives on the commission appointed pursuant to subdivision (k) of Section 66620, a chairman and a vice chairman.

66624. The time and place of the first meeting of the commission shall be prescribed by the Governor, but, in no event, shall it be scheduled for a date later than 10 days after the effective date of this title.

66625. The headquarters of the commission shall be in the City and County of San Francisco.

CHAPTER 4. POWERS AND DUTIES OF THE COMMISSION

66630. The commission shall make a detailed study of all the matters referred to in Section 66603, and shall, upon the basis of such study, prepare a comprehensive and enforceable plan for the conservation of the water of the San Francisco Bay and the development of its shoreline.

66631. In making its study, the commission shall cooperate to the fullest extent possible with the Bay Area Transportation Study Commission and the Association of Bay Area Governments; and in preparing its comprehensive plan, the commission shall, to the fullest extent possible, coordinate its planning for the bay with planning for the land area surrounding the bay by local agencies, which shall retain the responsibility for land use planning. In order to avoid duplication of work, the commission shall make maximum use of data and information available from the planning programs of the State Office of Planning, the Bay Area Transportation Study Commission, the Association of Bay Area Governments, the cities and counties in the San Francisco Bay area, and other public and private planning agencies.

66632. (a) During the period necessary to complete the detailed study of the San Francisco Bay and to prepare the comprehensive plan for its conservation and for the development of its shoreline, any person or governmental agency wishing to place fill in the bay or to extract submerged materials from the bay shall secure a permit from the commission. For purposes of this section, "fill" means earth or any other substance or material, including piling or structures placed on pilings, which pilings were not in existence on the effective date