Unless the context otherwise requires, the definitions in this chapter govern the construction of this division.
Chapter 1General Provisions and Definitions
Section § 31000
This section says that the definitions provided in the chapter of this law should be used to understand the rules in that part of the law, unless it’s clear that something else is meant.
definitions construction interpretation context chapter definitions division meanings legal interpretation law understanding specific definitions governing construction applicability contextual requirement
Section § 31001
This section defines a 'certified local coastal plan or program' as a land use plan or program that has been officially adopted by the commission following specific procedures in a certain part of the California environmental regulations.
“Certified local coastal plan or program” means any plan or program or land use plan of a local program adopted by the commission pursuant to Chapter 6 (commencing with Section 30500) of Division 20.
local coastal plan land use plan certified program commission adoption Chapter 6 Division 20 California environmental regulations coastal management local program land use planning certification process coastal plan approval commission procedures environmental planning coastal development
Section § 31002
This section defines the term "Conservancy" specifically as the State Coastal Conservancy in California.
“Conservancy” means the State Coastal Conservancy.
State Coastal Conservancy definition of Conservancy California Coastal protection coastal resources coastal management environmental conservation coastal areas California coastal agency natural resources ecological conservation coastal restoration state conservancy coastal projects shoreline preservation coastal access
Section § 31004
This section defines the term "Commission" as referring to the California Coastal Commission, which is set up under Division 20, Chapter 4, starting with Section 30300.
“Commission” means the California Coastal Commission established under Chapter 4 (commencing with Section 30300) of Division 20.
California Coastal Commission definition of Commission Division 20 Section 30300 Chapter 4 environmental regulation coastal management California coastline state agency coastal oversight coastal planning commission establishment state commissions coastal development coastal protection
Section § 31005
This law section defines the term 'Bay commission' as the San Francisco Bay Conservation and Development Commission, which is set up under a specific part of the Government Code.
“Bay commission” means the San Francisco Bay Conservation and Development Commission, established under Title 7.2 (commencing with Section 66600) of the Government Code.
San Francisco Bay Conservation Bay commission definition Development Commission Title 7.2 Government Code section 66600 environmental regulation Bay Area land use waterfront development coastal management San Francisco Bay protection urban planning environmental oversight regional planning land conservation Bay Area sustainability
Section § 31006
The term "coastal zone" in California typically refers to a specific area defined by law, but for actions involving the San Francisco Bay, it also includes certain lands governed by the bay commission, excluding parts of Contra Costa County. However, if Contra Costa County lands affect the bay's environmental quality or its public use, the local agency can request conservancy action through a formal resolution.
(a)CA Public Resources Code § 31006(a) “Coastal zone” means that area of the state as defined in Section 30103. Only for purposes of conservancy action in San Francisco Bay, the “coastal zone” also includes areas that are within the permit jurisdiction of the bay commission, as described in Section 66610 of the Government Code, with the exception of Contra Costa County lands from the Richmond-San Rafael Bridge north and east to the termination of the bay commission boundary, except as provided in subdivision (b), as well as any uplands, wetlands, marshes, diked lands, and other watershed lands that significantly affect the environmental quality of the bay or are directly related to the public’s use and enjoyment of the bay, and other watershed lands within the nine counties adjacent to the bay that have waters that flow directly into the bay or the ocean.
(b)CA Public Resources Code § 31006(b) Notwithstanding subdivision (a), with respect to lands within Contra Costa County that are included within the permit jurisdiction of the bay commission, as described in Section 66610 of the Government Code, or that consist of any uplands, wetlands, marshes, diked lands, or other watershed lands that significantly affect the environmental quality of the bay or are directly related to the public’s use and enjoyment of the bay, the local public agency having jurisdiction over any such lands may formally request conservancy action by resolution.
coastal zone San Francisco Bay bay commission jurisdiction environmental quality Contra Costa County Richmond-San Rafael Bridge uplands wetlands marshes diked lands watershed lands public use conservancy action request local public agency permit jurisdiction
Section § 31007
A "coastal restoration project" involves activities by public agencies or nonprofit groups to fix or improve development patterns that are not desirable in the coastal zone.
“Coastal restoration project” means an action taken by a public agency, including the conservancy, or a nonprofit organization, to correct undesirable development patterns in the coastal zone.
coastal restoration public agency nonprofit organization undesirable development coastal zone correcting development patterns environmental conservation conservancy involvement action taken development correction improve coastal areas
Section § 31008
This law defines a 'coastal resource enhancement project' as any effort by a public agency or nonprofit group to restore damaged natural areas back to their original state or to improve the resource value of a coastal zone.
“Coastal resource enhancement project” means an action taken by a public agency, including the conservancy, or a nonprofit organization, to restore, as nearly as possible, degraded natural areas to their original condition or to enhance the resource values of a coastal zone.
coastal resource enhancement public agency action nonprofit restoration projects degraded natural areas restore natural areas original condition resource values coastal zone enhancement environmental restoration public agency nonprofit organization natural area restoration enhance coastal zones conservancy involvement ecological improvement
Section § 31009
This section clarifies that when the law refers to the 'Department,' it specifically means the Department of Parks and Recreation.
“Department” means the Department of Parks and Recreation.
Department of Parks and Recreation definition of Department PRC terminology California parks department state parks agency PRC language clarification interpretation of Department parks management government entity definition parks and recreation department California state agency public resources code agency terminology department designation parks oversight
Section § 31010
This law defines what a 'local public agency' is in a broad manner. It includes entities like cities, counties, districts, associations of governments, and joint powers agencies. Essentially, if it's a local government or group handling public functions, it likely qualifies as a local public agency.
“Local public agency” includes, but is not limited to, a city, county, city and county, district, association of governments, or joint powers agency.
local public agency city county district association of governments joint powers agency local government public functions government entity agencies handling public functions definition of local agency public sector organizations municipal agency regional public entities government associations
Section § 31011
This section outlines where certain funds should be deposited. Funds received by the department go to the State Parks and Recreation Fund. Funds received by the conservancy are directed to the State Coastal Conservancy Fund, and must be organized in separate accounts based on their source.
Any funds received by the department pursuant to this division shall be deposited in the State Parks and Recreation Fund. Unless otherwise provided in this division, any funds received by the conservancy pursuant to this division shall be deposited in the State Coastal Conservancy Fund. The conservancy and the Controller shall establish separate accounts within the State Coastal Conservancy Fund for the purpose of separating deposits into the fund according to their origin.
State Parks and Recreation Fund State Coastal Conservancy Fund funds received by department funds received by conservancy separate accounts fund deposits financial management California conservancy funds account organization fund allocation state fund procedures
Section § 31012
This law establishes the Coastal Trust Fund in California’s State Treasury to manage specific financial resources for conservation and environmental purposes. It splits the fund into three main accounts: the San Francisco Bay Area Conservancy Program Account, the Coastal Program Account, and the California Climate Resilience Account. Each account has defined objectives, like supporting conservation projects, addressing climate change, and coastal management activities.
The San Francisco Bay Area Conservancy Program Account gathers funds from non-governmental sources, while the Coastal Program Account includes funds from various sources for coastal conservation. The California Climate Resilience Account focuses on tackling climate change risks in coastal zones, with funds continuously appropriated to environmental agencies. All interest accrued in the fund remains for its use, and separate accounting is maintained for transparency and accountability.
(a)CA Public Resources Code § 31012(a) The Coastal Trust Fund is hereby established in the State Treasury, to receive and disburse funds paid to the conservancy in trust, subject to the right of recovery to fulfill the purposes of the trust, as provided in this section.
(b)Copy CA Public Resources Code § 31012(b)
(1)Copy CA Public Resources Code § 31012(b)(1) There is in the Coastal Trust Fund the San Francisco Bay Area Conservancy Program Account, which shall be expended solely for the purposes of Chapter 4.5 (commencing with Section 31160).
(2)CA Public Resources Code § 31012(b)(2) The conservancy shall deposit in the San Francisco Bay Area Conservancy Program Account all funds received by the conservancy for the purposes of the San Francisco Bay
Area Conservancy Program established under Chapter 4.5 (commencing with Section 31160), from sources other than the state or federal government and not provided for in subdivision (a) of Section 31164. These funds include, but are not limited to, private donations, fees, penalties, and local government contributions.
(c)Copy CA Public Resources Code § 31012(c)
(1)Copy CA Public Resources Code § 31012(c)(1) There is in the Coastal Trust Fund the Coastal Program Account. Funds in the Coastal Program Account shall be expended solely for their specified trust purposes.
(2)CA Public Resources Code § 31012(c)(2) Upon approval of the Department of Finance, the conservancy shall deposit in the Coastal Program Account all funds paid to the conservancy in trust for purposes of this division, except those funds identified in paragraph (2) of subdivision (b). The funds that shall be deposited in the Coastal Program Account, upon that approval, include, but are not limited to, funds that
are paid to the conservancy in trust for purposes of mitigation, for settlement of litigation, instead of other conditions of coastal development permits or other regulatory entitlements, or for other trust purposes consistent with this division and specified by the terms of a gift or contract. Funds in the Coastal Program Account shall be separately accounted for according to their source and trust purpose. Funds shall not be deposited in the Coastal Program Account without the Department of Finance’s approval.
(d)Copy CA Public Resources Code § 31012(d)
(1)Copy CA Public Resources Code § 31012(d)(1) There is in the Coastal Trust Fund the California Climate Resilience Account. Notwithstanding Section 13340 of the Government Code, and except as provided in paragraph (6), funds in the account are continuously appropriated to the conservancy, as follows, without regard to fiscal year. Funds shall be expended by the conservancy, the California Coastal Commission, and the San Francisco Bay Conservation and
Development Commission for coastal zone management planning and implementation activities to address the risks and impacts of climate change, sea level rise, and associated extreme events to coastal and bay communities and natural resources. The purpose of the account is to support project implementation, capital outlay, and local assistance grants. Up to 10 percent of the funds shall be available for administrative costs.
(2)CA Public Resources Code § 31012(d)(2) Except as specified by an instrument imposing conditions on the use or expenditure of the specific funds provided, funds appropriated for these purposes shall be allocated as follows:
(A)CA Public Resources Code § 31012(d)(2)(A) To the California Coastal Commission, 20 percent of the funds deposited in the account during each fiscal year.
(B)CA Public Resources Code § 31012(d)(2)(B) To the San Francisco Bay Conservation and Development Commission, 20 percent of the funds
deposited in the account during each fiscal year.
(C)CA Public Resources Code § 31012(d)(2)(C) To the conservancy, 60 percent of the funds deposited in the account during each fiscal year.
(3)CA Public Resources Code § 31012(d)(3) Funds in the account shall be expended solely for their specified purposes.
(4)CA Public Resources Code § 31012(d)(4) Funds that may be deposited into the California Climate Resilience Account include, but are not limited to, appropriations and grants, funds from the federal government, regional planning agencies, and local governments, fees, litigation settlements, permits, and mitigation requirements, and private donations that are eligible to be spent for the purposes of the account.
(5)CA Public Resources Code § 31012(d)(5) Nothing in this section shall apply to funds eligible for deposit in the Bay Fill Clean-Up and Abatement Fund pursuant to Section 66647 of the Government
Code or to any funds collected pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)).
(6)CA Public Resources Code § 31012(d)(6) To the extent that any funds are appropriated into the account by the Legislature in the annual Budget Act, those funds shall be segregated for purposes of accounting. Funds appropriated into the account by the Legislature in the annual Budget Act shall not be continuously appropriated and are subject to the provisions of Section 16304 of the Government Code.
(e)CA Public Resources Code § 31012(e) Interest that accrues on funds in the Coastal Trust Fund shall be retained in the Coastal Trust Fund and available for expenditure by the conservancy for the trust purposes.
(f)CA Public Resources Code § 31012(f) The conservancy shall maintain separate accountings of funds within the Coastal Trust Fund, pursuant to its fiduciary duties, for the purpose of separating
deposits and interest on those deposits, according to their trust purposes.
(g)CA Public Resources Code § 31012(g) Notwithstanding Section 13340 of the Government Code, and except as provided in subdivision (d), all funds in the Coastal Trust Fund are continuously appropriated, without regard to fiscal year, to the conservancy to fulfill the trust purposes for which the payments of funds were made.
(h)CA Public Resources Code § 31012(h) The conservancy shall provide an annual accounting to the Department of Finance of the conservancy’s expenditures from, and other activities related to, the Coastal Trust Fund.
Coastal Trust Fund San Francisco Bay Area Conservancy Coastal Program Account California Climate Resilience environmental conservation trust funds coastal zone management climate change adaptation natural resource protection local assistance grants non-governmental funding mitigation funds litigation settlements project implementation accounting transparency
Section § 31013
This section defines a "nonprofit organization" as a private group that meets the criteria of Section 501(c)(3) of the U.S. Internal Revenue Code, which typically means the organization is tax-exempt and aims at charitable, educational, or similar purposes.
“Nonprofit organization” means any private, nonprofit organization that qualifies under Section 501(c)(3) of the United States Internal Revenue Code of 1986.
private nonprofit 501(c)(3) tax-exempt charitable organization educational purposes nonprofit criteria Internal Revenue Code tax-exempt status charitable purposes nonprofit definition nonprofit qualification U.S. Internal Revenue Code charitable nonprofit 501(c)(3) criteria nonprofit tax exemption
Section § 31014
The 'Bay plan' refers specifically to the San Francisco Bay Plan created and approved by the bay commission.
“Bay plan” means the San Francisco Bay Plan as adopted by the bay commission.
San Francisco Bay Plan bay commission Bay Area planning regional planning waterfront development environmental regulation coastal management Bay Area conservation urban planning ecosystem protection development guidelines marine environment land use planning San Francisco Bay regional policy
Section § 31015
The "Suisun Marsh Protection Plan" is the plan that is approved according to the rules set out in Division 19, starting with Section 29000.
“Suisun Marsh Protection Plan” means the plan approved as provided in Division 19 (commencing with Section 29000).
Suisun Marsh Protection Plan Division 19 Section 29000 environmental protection marshland conservation wetland preservation California wetland habitat management land use planning ecosystem protection conservation plan natural resources ecological conservation habitat protection
Section § 31016
This section defines a "local plan" as any land use plan created by a local public agency, such as a port district or a regional park district. These plans must fall within the jurisdiction of the conservancy located in San Francisco Bay, covering areas outlined in a different section, specifically Section 31006.
“Local plan” means any land use plan of a local public agency, port district, regional park or open-space district, or recreation and park district whose jurisdiction is included, in whole or in part, within the jurisdiction of the conservancy within San Francisco Bay in the areas described in Section 31006.
local plan land use plan local public agency port district regional park district open-space district recreation and park district conservancy San Francisco Bay jurisdiction Section 31006 regional planning public land use Bay Area conservancy
Section § 31017
This law defines what is meant by a "public agency" and states that it includes various entities such as local, state, and federal agencies, as well as colleges, universities, intergovernmental bodies, and federally recognized Indian tribes.
“Public agency” includes, but is not limited to, local public agencies, state agencies, federal agencies, colleges and universities, intergovernmental bodies, and federally recognized Indian tribes.
public agency local public agencies state agencies federal agencies colleges and universities intergovernmental bodies federally recognized Indian tribes entity definition government entities educational institutions tribal entities intergovernmental organizations agency inclusion agency scope inclusive definition
