This section of California law establishes the State Coastal Conservancy within the Resources Agency. It's made up of seven members, including the chairperson of the commission, the Secretary of the Resources Agency, the Director of Finance, and four public members. Two public members are appointed by the Governor, one by the Senate Committee on Rules, and one by the Speaker of the Assembly. Among the Governor's appointees, no more than one can be a locally elected official from a government area in the coastal zone. Except for those public members, conservancy members may have an employee attend on their behalf.
There is in the Resources Agency the State Coastal Conservancy, consisting of the following seven members:
(a)CA Public Resources Code § 31100(a) The chairperson of the commission.
(b)CA Public Resources Code § 31100(b) The Secretary of the Resources Agency.
(c)CA Public Resources Code § 31100(c) The Director of Finance.
(d)CA Public Resources Code § 31100(d) Four members of the public, of which two shall be appointed by the Governor, one shall be appointed by the Senate Committee on Rules, and one shall be appointed by the Speaker of the Assembly. Of the members appointed by the Governor, not more than one may be an elected official of a local government, and the official shall have been elected to an office in a local government whose territory is located wholly or partially in the coastal zone.
Except for members appointed pursuant to subdivision (d), the members of the conservancy may designate one of their employees to serve on the conservancy in their absence.
State Coastal Conservancy Resources Agency commission chairperson Secretary of the Resources Agency Director of Finance public members Governor appointments Senate Committee on Rules Speaker of the Assembly elected official local government coastal zone employee designation
(Amended by Stats. 1985, Ch. 1224, Sec. 1.)
This section states that three members from the California Senate and three members from the Assembly are appointed to engage with the conservancy. Their involvement is conditional, as it should not conflict with their roles as legislators.
Three Members of the Senate, appointed by the Senate Rules Committee, and three Members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the conservancy and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature.
conservancy participation legislative involvement Senate members appointment Assembly members appointment conflict of interest Senate Rules Committee Speaker of the Assembly legislative roles member appointment California Senate California Assembly conservancy activities political appointments legislative duties conservancy collaboration
(Added by Stats. 1979, Ch. 930.)
This law outlines the terms and compensation for certain appointed members of a conservancy. Members appointed under specific subdivisions serve four-year terms, but if they are locally elected officials, their membership ends 60 days after their elected term finishes, allowing the Governor to appoint someone new. However, if they are elected to local office after their appointment, they can still complete their term.
These members get paid $100 for each day they attend regular conservancy meetings, plus reimbursement for necessary expenses, including travel.
(a)CA Public Resources Code § 31101(a) The members appointed under subdivisions (a) and (d) of Section 31100 shall serve for a term of four years. However, if a member is appointed under subdivision (d) by reason of his or her status as a locally elected official, his or her membership shall cease 60 days after his or her term of office as a locally elected official ceases, and the Governor may appoint another person to complete the remainder of his or her term. Any person appointed under subdivision (d) of Section 31100 shall not be disqualified for membership and may complete his or her term in the event he or she is elected to a local office after his or her appointment.
(b)CA Public Resources Code § 31101(b) Members appointed under subdivisions (a) and (d) of Section 31100 shall be compensated for attendance at regular meetings of the conservancy at the rate of one hundred dollars ($100) per day, and shall be reimbursed for the actual and necessary expenses, including traveling expenses, incurred in the performance of their duties.
conservancy members four-year term locally elected official membership cessation Governor appointment complete term meeting compensation travel reimbursement necessary expenses appointment after election subdivision appointment regular meetings conservancy duties attendance payment official status
(Amended by Stats. 1986, Ch. 248, Sec. 210.)
This law explains that the Secretary of the Natural Resources Agency will pick one public member to lead the conservancy as chair. This chair member serves at the secretary's discretion. More than half of the conservancy's members need to be present to make official decisions, and the conservancy can set its own rules.
The Secretary of the Natural Resources Agency shall select one of the public members to serve as the chair of the conservancy. The public member shall serve as chair at the pleasure of the secretary. A majority of the total authorized membership of the conservancy shall constitute a quorum for the transaction of any business under this division. The conservancy shall adopt its own regulations.
Secretary of the Natural Resources Agency public member selection chair of the conservancy quorum requirements conservancy regulations majority membership business transaction rules conservancy leadership public member role agency discretion decision-making process member presence conservancy governance chair responsibilities rule adoption by conservancy
(Amended by Stats. 2010, Ch. 213, Sec. 20. (AB 2768) Effective January 1, 2011.)
The conservancy is responsible for hiring an executive officer and setting their salary, and this role is not part of the civil service system. They can also hire additional staff needed to perform their duties. Wherever possible, the conservancy should use the commission's staff for planning and project evaluation, and rely on the Department of General Services' Real Estate Services Division for handling real estate transactions like acquisitions and leases.
The conservancy shall determine the qualifications of, and it shall appoint and fix the salary of, the executive officer of the conservancy, who shall be exempt from civil service, and shall appoint such other staff as may be necessary to carry out the powers and functions set forth in this division. To the maximum extent possible, the conservancy shall utilize the staff of the commission for purposes of planning and project evaluation, and the staff of the Real Estate Services Division of the Department of General Services in carrying out acquisition, leasing, disposal, and other real property transactions authorized under this division.
executive officer appointment salary determination staff hiring civil service exemption real estate transactions planning and project evaluation commission staff utilization Real Estate Services Division Department of General Services property leasing property acquisition conservancy powers real property disposal staffing requirements project evaluation duties
(Added by Stats. 1976, Ch. 1441.)
This law says that a conservancy officer or employee doesn't have a financial conflict of interest in a contract if certain conditions are met. These conditions include the individual's financial interest being limited to their salary or expenses, they are doing their job for the San Francisco Bay Restoration Authority, and the contract involves grant funds from this Authority to the conservancy.
Pursuant to Section 1090 of the Government Code, an officer or employee of the conservancy shall not be deemed to be financially interested in a contract made in their official capacity when all of the following conditions are met:
(a)CA Public Resources Code § 31103.1(a) The financial interest in question is limited to the individual’s salary, per diem, or reimbursement for expenses as an officer or employee of the conservancy.
(b)CA Public Resources Code § 31103.1(b) The individual is performing staff functions for the San Francisco Bay Restoration Authority as part of their employment by the conservancy.
(c)CA Public Resources Code § 31103.1(c) The contract involves a grant of funds by the San Francisco Bay Restoration Authority to the
conservancy.
conservancy officer employee financial interest conflict of interest Section 1090 Government Code San Francisco Bay Restoration Authority grant funds contractual interest financial conflict salary limitation expense reimbursement staff functions
(Added by Stats. 2021, Ch. 258, Sec. 25. (SB 155) Effective September 23, 2021.)
This section allows the conservancy to seek out and accept various forms of financial support, such as federal grants, gifts, donations, rents, and royalties, from both public and private entities.
The conservancy may apply for and accept federal grants and receive gifts, donations, subventions, rents, royalties, and other financial support from public and private sources.
federal grants financial support conservancy funding gifts donations subventions rents royalties public sources private sources fundraising nonprofit funding government aid monetary contributions resource acquisition
(Added by Stats. 1976, Ch. 1441.)
This law designates the conservancy as a holder of land to fulfill goals set by the California Coastal Act, local coastal plans, or the San Francisco Bay Plan. The conservancy can accept land ownership, easements, or other land interests necessary for public access to coastal recreation and resource areas.
The conservancy shall serve as a repository for lands whose reservation is required to meet the policies and objectives of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)), a certified local coastal plan or program, or the San Francisco Bay Plan as implemented by the San Francisco Bay Conservation and Development Commission pursuant to Title 7.2 (commencing with Section 66600) of the Government Code. Pursuant to that authority, the conservancy may accept dedication of fee title, easements, development rights, or other interests in lands, including interests required to provide public access to recreation and resources areas in the coastal zone.
California Coastal Act local coastal plan San Francisco Bay Plan land repository conservancy public access coastal recreation easements development rights land interests coastal zone land dedication San Francisco Bay Conservation Government Code Title 7.2
(Amended by Stats. 1994, Ch. 110, Sec. 1. Effective June 27, 1994.)
This law states that the conservancy is responsible for planning and coordinating the sale of federal surplus land in the coastal zone of the state.
The conservancy is the designated agency in the state for planning and coordinating federal surplus land sales in the coastal zone.
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(Added by Stats. 1982, Ch. 505, Sec. 1. Effective July 13, 1982.)
Each year, or as needed, the conservancy's executive officer must report to the Director of General Services about privately owned lands that are important for preserving natural resources and could be traded with state-owned lands. Such trades aim to conserve natural resources and regulate coastal zones.
The land is considered special if it's valuable for public access, recreation, habitat conservation, open space, or agriculture. To be included in the report, the property owner must agree.
On an annual basis or as may be required, the executive officer of the conservancy shall report to the Director of General Services regarding privately owned properties within the conservancy’s jurisdiction which have special significance and which might appropriately be the subject of trades for lands owned by the state for the purposes of preserving natural resources and moderating the impacts of regulation with the coastal zone. A particular property shall be included in any report only upon agreement of the owner.
For purposes of this section, “special significance” means having importance because of the land’s value for (1) public access, (2) public recreation, (3) wetlands, riparian, or other natural habitat, (4) open space, or (5) agricultural use.
executive officer conservancy jurisdiction privately owned properties special significance land trades state-owned lands preserving natural resources coastal zone regulation public access public recreation wetlands riparian habitat natural habitat open space agricultural use
(Added by Stats. 1986, Ch. 1481, Sec. 3.)
This law authorizes the conservancy to buy real estate or any interest in it following a specific property acquisition law. This can be done for any reason listed in their governing division.
The conservancy is authorized to acquire, pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850), Division 3, Title 2 of the Government Code) real property or any interests therein for all of the purposes specified in this division.
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(Added by Stats. 1976, Ch. 1441.)
This law allows the State Public Works Board in California to use eminent domain, which means they can take private property for public use, but only for the specific purposes outlined in the related regulations.
The State Public Works Board may, pursuant to Section 31105, use the power of eminent domain for the purposes specified in this division.
State Public Works Board eminent domain property acquisition public use property rights Section 31105 infrastructure projects land use government authority California property laws
(Added by Stats. 1976, Ch. 1441.)
This law allows the Director of General Services to lease, rent, sell, exchange, or transfer land or property interests on behalf of the conservancy if requested. These transactions must follow a plan approved by the conservancy. Leases can't last more than 10 years. The money made from these transactions goes to the conservancy and can be used for their programs after being appropriated by the Legislature.
Notwithstanding other provisions of law, the Director of General Services, when so requested by the conservancy, shall lease, rent, sell, exchange, or otherwise transfer any land, interest therein, or option acquired pursuant to this division, pursuant to an implementation plan approved by the conservancy. Leases entered into pursuant to the provisions of this division shall not provide for a period longer than 10 years. Proceeds from any such lease, rental, sale, exchange, or transfer of land, interest therein, or option thereon, shall be deposited with the conservancy and shall be available for expenditure when appropriated by the Legislature for the purpose of funding the programs specified in this division.
Director of General Services conservancy land transactions lease period implementation plan property interest transfer land exchange rental agreements land sale proceeds funding programs land option transfer property transaction Conservancy fund appropriation by Legislature transfer of land
(Amended by Stats. 1980, Ch. 667, Sec. 1.)
This law section mandates that the Department of General Services and the conservancy work together to create and follow procedures for handling property transactions such as buying, selling, leasing, and options to purchase land. These activities must be done fairly, efficiently, and with appropriate public notice.
The Department of General Services and the conservancy shall jointly develop and implement appropriate procedures to ensure that land acquisition, leasing, options to purchase, land disposal, and other property transactions undertaken in accordance with the provisions of this division are carried out efficiently and equitably and with proper notice to the public.
land acquisition leasing procedures property transactions land disposal option to purchase public notice Department of General Services conservancy efficient transactions equitable procedures land purchase property management transaction procedures fair practices in land deals real estate processes
(Added by Stats. 1978, Ch. 807.)
Every three years, starting on January 2, the conservancy must report to the Governor and the Legislature about its progress in meeting objectives like preserving agricultural lands and restoring coastal habitats. This report should evaluate program effectiveness, identify needed resources such as funding or legislation, and discuss how it's addressing goals and distributing funds as outlined in a related section. Additionally, it must detail progress in implementing the Lower Cost Coastal Accommodations Program.
On January 2, three years after the most recent report was submitted, the conservancy shall prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of this division and shall prepare and submit an additional report every three years thereafter. The report shall include the following:
(a)CA Public Resources Code § 31108(a) An evaluation of the effectiveness of the conservancy’s programs in preserving agricultural lands, restoring coastal habitat, providing public access to the coastline, and in undertaking other functions prescribed in this division.
(b)CA Public Resources Code § 31108(b) Identification of additional
funding, legislation, or other resources required to more effectively carry out the objectives of this division.
(c)CA Public Resources Code § 31108(c) A discussion of its progress in addressing the goals, priority areas, and concerns referenced in subdivision (a) of Section 31163, including, but not limited to, any funds that are received or disbursed for purposes related to addressing those goals, priority areas, and concerns.
(d)CA Public Resources Code § 31108(d) A discussion of its progress in implementing the Lower Cost Coastal Accommodations Program established pursuant to Section 31412.
conservancy report agricultural land preservation coastal habitat restoration public access to coastline additional funding legislative needs Lower Cost Coastal Accommodations Program Section 31163 goals program evaluation progress report resource identification three-year interval Governor submission Legislature submission fund allocation
(Amended by Stats. 2021, Ch. 755, Sec. 3. (AB 1570) Effective January 1, 2022.)
This law ensures that any fees the conservancy collects, according to Section 30526, can only be used for environmental restoration, replacement, or improvement projects that align with the approved local coastal program of the relevant local agency. Additionally, any such project requires full consultation and consent from the local agency involved.
The conservancy shall not expend any fees received pursuant to Section 30526, except to restore, replace, or improve resources or ecological systems in a manner that is consistent with the certified local coastal program of the local public agency in whose jurisdiction the development is located, or in whose jurisdiction the site of the mitigation project is to be located, as the case may be, and only after full consultation and consent of that local public agency.
conservancy fees environmental restoration local coastal program compliance ecological improvement resource replacement consultation with local agency site mitigation local public agency jurisdiction fee expenditure restrictions ecological systems enhancement
(Added by Stats. 1986, Ch. 198, Sec. 2.)
This law allows the conservancy to take actions, including funding projects, before a local coastal plan or program is officially certified, as long as those actions are part of an approved local issue identification and work program by the California Coastal Commission. However, the conservancy must still comply with other project review and approval requirements before any certification occurs.
Where certification of a local coastal plan or program is required under this division as a condition of action by the conservancy, the conservancy may take such action, including the funding of projects prior to certification, when the action is identified in a local issue identification and work program which has been approved by the California Coastal Commission. However, in undertaking actions prior to certification of a local coastal plan or program, the conservancy shall follow other applicable project review and approval requirements set forth in this division.
local coastal plan program certification conservancy action project funding California Coastal Commission local issue identification work program approval pre-certification actions project review requirements coastal program compliance
(Added by Stats. 1978, Ch. 807.)
This section gives the conservancy the authority to do three main things. First, it can create plans and feasibility studies to help implement its goals. Second, it offers technical assistance to those involved. Lastly, it can give grants to public agencies and nonprofit organizations to support the planning and feasibility efforts mentioned.
In implementing this division, the conservancy may fund and do all of the following:
(a)CA Public Resources Code § 31111(a) Prepare plans and feasibility studies.
(b)CA Public Resources Code § 31111(b) Provide technical assistance.
(c)CA Public Resources Code § 31111(c) Award grants to public agencies and nonprofit organizations for the purposes of subdivisions (a) and (b).
conservancy funding feasibility studies technical assistance grants for nonprofits public agency grants environmental planning conservation efforts project implementation funding authority nonprofit support public conservation funding
(Amended by Stats. 2019, Ch. 701, Sec. 1. (SB 367) Effective January 1, 2020.)
This law suggests that when funds from Assembly Bill 74 are being allocated to address cross-border pollution issues in the Tijuana River Valley, preference should be given to projects highlighted in certain previous studies, as long as it's reasonably possible.
When granting funds appropriated by Assembly Bill 74 (Chapter 23 of the Statutes of 2019) for purposes of addressing transboundary flows and pollution in the Tijuana River Valley, the conservancy is encouraged to prioritize those projects identified in the studies described in subdivision (b) of Section 5907.5, to the extent feasible.
Tijuana River Valley transboundary pollution cross-border environmental issues Assembly Bill 74 fund allocation conservancy priorities environmental projects subdivision (b) Section 5907.5 feasible project prioritization pollution management cross-border flows environmental studies Assembly Bill 74 Chapter 23 pollution reduction projects
(Added by Stats. 2019, Ch. 381, Sec. 1. (SB 690) Effective January 1, 2020.)
This law allows the conservancy to provide a grant to a for-profit company for removing or altering the San Clemente Dam if it's crucial for the region or state and if non-profit or public agencies wouldn't accomplish it. However, the state can only spend up to $30 million on the project and related activities.
(a)CA Public Resources Code § 31111.5(a) In implementing this division, the conservancy may award a grant to a for-profit entity to accomplish the removal or alteration of the San Clemente Dam if the conservancy finds that the project is of regional or statewide significance and that a grant to a public agency or nonprofit organization would not achieve removal or alteration of the San Clemente Dam.
(b)CA Public Resources Code § 31111.5(b) Notwithstanding subdivision (a), total expenditures of state moneys for the removal or alteration of the San Clemente Dam and related activities shall not exceed thirty million dollars ($30,000,000).
San Clemente Dam conservancy grant for-profit entity dam removal dam alteration regional significance statewide significance public agency nonprofit organization state expenditure limit environmental conservation grant funding state funds financial cap water infrastructure
(Amended by Stats. 2014, Ch. 664, Sec. 6. (AB 1478) Effective September 27, 2014.)
This law allows the conservancy to accept money from subscriptions and nonpolitical ads related to its publications. The money collected is then put into the State Coastal Conservancy Fund and can be spent only if the Legislature approves it.
With respect to its publications, the conservancy may accept subscriptions and nonpolitical advertising, and proceeds from them. All proceeds shall be deposited into the State Coastal Conservancy Fund and be available for expenditure upon appropriation by the Legislature.
State Coastal Conservancy Fund subscriptions nonpolitical advertising conservancy publications fund expenditure Legislature appropriation publication revenue advertising proceeds subscription proceeds conservancy funding state fund management Legislature approval publication income management coastal fund appropriation conservation funding
(Added by Stats. 2002, Ch. 958, Sec. 6. Effective January 1, 2003.)
The Climate Ready Program focuses on addressing climate change impacts within its jurisdiction. It aims to implement projects that tackle greenhouse gas reduction, extreme weather, sea level rise, and other coastal hazards affecting communities and natural resources.
The program allows for grants to public agencies and nonprofits to fund projects that reduce emissions, enhance natural habitats, and offer recreational opportunities. It prioritizes natural infrastructure solutions, which use natural systems to manage climate-related challenges.
These projects are expected to provide multiple public benefits, such as protecting communities and enhancing biodiversity. The program also includes collaborating with the Office of Planning and Research to share climate adaptation project data.
(a)CA Public Resources Code § 31113(a) The Climate Ready Program is hereby established and shall be administered by the conservancy to address the impacts and potential impacts of climate change on resources within the conservancy’s jurisdiction.
(b)CA Public Resources Code § 31113(b) In implementing this division, the conservancy may undertake projects within its jurisdiction, including, but not limited to, those that reduce greenhouse gas emissions, address extreme weather events, sea level rise, storm surge, beach and bluff erosion, salt water intrusion, flooding, and other coastal hazards that threaten coastal communities, infrastructure, and natural resources.
(c)CA Public Resources Code § 31113(c) Pursuant to the
Climate Ready Program, the conservancy may award grants to public agencies and nonprofit organizations for activities authorized pursuant to subdivision (b). In awarding the grants, the conservancy shall, to the extent allowed, prioritize projects that maximize public benefits and that accomplish either of the following:
(1)CA Public Resources Code § 31113(c)(1) Reduce emissions of greenhouse gases, reduce hazards to harbors and ports, preserve and enhance coastal wetlands and natural lands, conserve biodiversity, and provide recreational opportunities.
(2)CA Public Resources Code § 31113(c)(2) Reduce flood risk and enhance fish and wildlife habitat, including projects with multiple benefits that remove sediment where the excavated material can be used to enhance shorelines or ecosystems.
(d)Copy CA Public Resources Code § 31113(d)
(1)Copy CA Public Resources Code § 31113(d)(1) The conservancy shall do all of the following:
(A)CA Public Resources Code § 31113(d)(1)(A) Prioritize projects that use natural infrastructure in coastal communities to help adapt to climate change.
(B)CA Public Resources Code § 31113(d)(1)(B) Prioritize projects that provide multiple public benefits, including, but not limited to, protection of communities, natural resources, and recreational opportunities.
(C)CA Public Resources Code § 31113(d)(1)(C) Give consideration to projects in a variety of ecosystems along the state’s coastline, including, but not limited to, the protection and expansion of coastal estuaries and lagoons that provide critical feeding and nursery habitat for juvenile fish species and foraging habitat for migratory waterfowl and other waterbirds, including eelgrass habitat.
(2)CA Public Resources Code § 31113(d)(2) The conservancy shall provide information to the Office of Planning and Research on any projects funded pursuant to this subdivision to be considered for inclusion into the clearinghouse for climate adaption information, established pursuant to Section 71360.
(3)CA Public Resources Code § 31113(d)(3) The conservancy may provide technical assistance to coastal communities to better assist them with their projects that use natural infrastructure.
(4)CA Public Resources Code § 31113(d)(4) For purposes of this subdivision, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by
perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.
Climate Ready Program greenhouse gas reduction natural infrastructure coastal hazards sea level rise extreme weather events biodiversity conservation recreational opportunities public benefits flood risk reduction habitat enhancement coastal estuaries natural systems ecosystem services technical assistance
(Amended by Stats. 2022, Ch. 60, Sec. 38. (AB 203) Effective June 30, 2022.)
This section explains that when a state agency identifies important natural features and decides what kind of development can occur in coastal zones, it can apply for grants from the conservancy. These grants help the agency purchase certain rights to use the land or water (less than full ownership) to protect these natural features. However, these grants cannot be used to buy land or water areas meant to become part of a larger public land network.
When a state agency that owns or manages land or water areas within the coastal zone has identified sensitive resource values and locations and types of development pursuant to Section 30525, and when the commission has certified that acquisition of less than fee title in land or water areas within the coastal zone is consistent with the provisions of Division 20 (commencing with Section 30000) and is necessary to ensure protection of sensitive resource values, the conservancy may award a grant or grants to such state agency for the purpose of acquisition of less than fee title in such land or water areas pursuant to the Property Acquisition Law (commencing with Section 15850 of the Government Code). Grants made pursuant to this section may not be used as a method of acquisition of land or water areas that are intended to be an integral part of a public land holding.
state agency land management coastal zone development sensitive resource protection conservancy grants less than fee title acquisition Property Acquisition Law public land integration grant purposes Coastal Act compliance natural feature preservation
(Added by Stats. 1979, Ch. 930.)
This law allows the conservancy to carry out projects in the City of San Juan Capistrano by following guidelines from two specific chapters of the law. Chapter 4 and Chapter 8 outline those guidelines.
Notwithstanding any other provision of law, the conservancy may undertake projects in the City of San Juan Capistrano pursuant to Chapter 4 (commencing with Section 31150) and Chapter 8 (commencing with Section 31350).
conservancy projects San Juan Capistrano Chapter 4 Chapter 8 undertake projects environmental projects local projects project guidelines conservation efforts San Juan Capistrano projects project authorization city-specific projects California conservancy resource management
(Added by Stats. 1982, Ch. 505, Sec. 2. Effective July 13, 1982.)
This law allows nonprofit organizations to receive funds if they make a formal agreement with the conservancy. For land purchases, the price can't exceed fair market value, and the conservancy must approve the purchase conditions. The land bought with grant money can't be used as loan security unless approved by the conservancy. If the nonprofit dissolves, the state takes ownership of the land unless another qualified group agrees to take over. Any transfer of land requires the conservancy's consent, and if terms are breached, the state automatically gains the land title. The law mandates that the state’s interest in the land be clearly stated in deeds, and any improvements on funded projects protect public interests, documented in local records.
(a)CA Public Resources Code § 31116(a) Funds may be granted to a nonprofit organization under this division if the nonprofit organization enters into an agreement with the conservancy, subject to terms and conditions specified by the conservancy.
(b)CA Public Resources Code § 31116(b) In the case of a grant for land acquisition, the agreement shall provide all of the following:
(1)CA Public Resources Code § 31116(b)(1) The purchase price of any interest in land acquired by the nonprofit organization may not exceed fair market value as established by an appraisal approved by the conservancy.
(2)CA Public Resources Code § 31116(b)(2) The conservancy shall approve the terms under which the interest in land is acquired.
(3)CA Public Resources Code § 31116(b)(3) The interest in land acquired pursuant to a grant from the conservancy may not be used as security for any debt to be incurred by the nonprofit organization unless the conservancy approves the transaction.
(4)CA Public Resources Code § 31116(b)(4) The transfer of land acquired pursuant to a conservancy grant shall be subject to the approval of the conservancy and a new agreement sufficient to protect the interest of the people of California shall be entered into with the transferee.
(5)CA Public Resources Code § 31116(b)(5) If any essential term or condition is violated, title to all interest in real property acquired with state funds shall immediately vest in the state.
(6)CA Public Resources Code § 31116(b)(6) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall
immediately vest in the state unless another appropriate public agency or nonprofit organization is identified by the conservancy and agrees to accept title to all interests in real property.
(c)CA Public Resources Code § 31116(c) Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall set forth the reversionary interest of the state.
(d)CA Public Resources Code § 31116(d) The conservancy shall also require an agreement sufficient to protect the public interest in any improvement or development constructed under a grant to a nonprofit organization for improvement and development of a project under this division. The agreement shall particularly describe any real property that is subject to the agreement, and it shall be recorded by the conservancy in the county in which the real property is located.
nonprofit funding agreement land acquisition fair market value conservancy approval debt security restrictions land transfer approval title vesting nonprofit termination state reversionary interest public interest protection project improvement agreements property deed conditions real property conveyance grant-funded land state land ownership
(Amended by Stats. 2019, Ch. 469, Sec. 9. (SB 785) Effective January 1, 2020.)
This law requires that any plan or project within the coastal area of the Santa Monica Mountains must be reviewed by the Santa Monica Mountains Conservancy before the State Coastal Conservancy can approve it. Specifically, the executive officer must submit the plan or project at least 60 days before approval. If the conservancy doesn't reject the plan within those 60 days due to conflicts with their workplan, the plan can proceed.
Notwithstanding any provision of this division, the executive officer shall submit any plan or project proposed to be carried out pursuant to this division within the coastal zone portion of the Santa Monica Mountains Zone, as defined in Section 33105, to the Santa Monica Mountains Conservancy for review at least 60 days prior to approval by the State Coastal Conservancy. If the Santa Monica Mountains Conservancy has not, within 60 days from the date of submission, acted to disapprove the proposed plan or project on the grounds that the plan or project is in conflict with or jeopardizes an approved acquisition or improvement or a proposed acquisition or improvement identified in the adopted Santa Monica Mountains Conservancy workprogram, the plan or project may proceed pursuant to this division.
Santa Monica Mountains Conservancy State Coastal Conservancy coastal zone projects Santa Monica Mountains Zone review process project approval environmental planning acquisition conflict improvement project workprogram compliance executive officer role plan submission deadline 60-day review period
(Added by Stats. 1982, Ch. 1616, Sec. 1.)
This law allows the conservancy to request the repayment of funds that it has granted. The conservancy can set whatever terms and conditions it believes are necessary to achieve the goals of this division.
The conservancy may seek repayments of funds granted pursuant to this division on terms and conditions as it deems appropriate to carry out the provisions of this division.
conservancy fund repayment grant repayment terms division provisions funds granted terms and conditions repayment request fund allocation conservancy decisions financial management grant conditions repayment protocols conservancy authority divisional objectives funding agreements financial oversight
(Added by Stats. 1984, Ch. 1551, Sec. 3.)
The law allows the conservancy to run educational programs for adults and K-12 students and to give grants to nonprofits, schools, and public agencies, including tribes, to support these programs. Grant recipients must increase student participation, reach underserved areas, and keep data for evaluations. State funds can't be used for grants to public colleges. Education programs must align with state standards. Projects can involve teaching about conserving coastal resources, enhance critical thinking, and support emotional learning. Grants can also be used for building and improving educational facilities, but only 10% of the funds can go toward administrative costs.
(a)Copy CA Public Resources Code § 31119(a)
(1)Copy CA Public Resources Code § 31119(a)(1) The conservancy may undertake educational projects and programs for adults and for pupils in kindergarten to grade 12, inclusive, and award grants to nonprofit organizations, educational institutions, and public agencies, including federally recognized Indian tribes, for the purposes set forth in subdivisions (b) and (c).
(2)CA Public Resources Code § 31119(a)(2) A nonprofit organization, educational institution, or public agency, including a federally recognized Indian tribe, that receives a grant under this subdivision shall comply with all of the following requirements:
(A)CA Public Resources Code § 31119(a)(2)(A) Document
increased pupil participation in its educational programs.
(B)CA Public Resources Code § 31119(a)(2)(B) Provide outreach to low-income, underserved, and noncoastal areas of the state.
(C)CA Public Resources Code § 31119(a)(2)(C) Maintain any data necessary for the evaluation of a project or program funded with a grant, as determined by the conservancy.
(3)CA Public Resources Code § 31119(a)(3) No General Fund moneys shall be used for grants awarded pursuant to this subdivision to public educational institutions, including community colleges.
(4)CA Public Resources Code § 31119(a)(4) An educational program for pupils in kindergarten to grade 12, inclusive, shall
deliver knowledge and skills that support the State Board of Education’s adopted content standards.
(b)CA Public Resources Code § 31119(b) Educational projects and programs funded and undertaken under subdivision (a) may include all of the following:
(1)CA Public Resources Code § 31119(b)(1) Projects and programs relating to the preservation, protection, enhancement, maintenance, and enjoyment of coastal resources.
(2)CA Public Resources Code § 31119(b)(2) Onsite and distance learning facilities pursuant to subdivision (c), activities, and instructional programs that support the delivery of science, history, and social
science content, that further paragraph (1), including any of the following:
(A)CA Public Resources Code § 31119(b)(2)(A) Projects and programs that assist pupils in acquiring core knowledge and developing critical thinking skills.
(B)CA Public Resources Code § 31119(b)(2)(B) Projects and programs that encourage pupils to have direct contact with history, including programs that focus on the history and stewardship of the ocean and coastal resources.
(C)CA Public Resources Code § 31119(b)(2)(C) Projects and programs that link science to technology and societal impacts, including community health, population, natural resources, environmental quality, natural and human-induced hazards, and other global challenges.
(D)CA Public Resources Code § 31119(b)(2)(D) Projects and programs that support social-emotional learning and
development, such as team-building and leadership skills.
(c)CA Public Resources Code § 31119(c) The conservancy may also award grants for the construction and improvement of structures and facilities used for the educational projects and programs described in subdivision (b).
(d)CA Public Resources Code § 31119(d) The conservancy shall not spend more than 10 percent of the funds received for grants for educational projects and programs under subdivision (a) for grant administrative costs, including any costs related to administering any of those projects and programs.
educational projects grants nonprofit organizations public agencies kindergarten to grade 12 increased pupil participation underserved areas coastal resources outreach programs core knowledge critical thinking social-emotional learning grant administrative costs federally recognized Indian tribes construction and improvement of facilities
(Amended by Stats. 2019, Ch. 701, Sec. 2. (SB 367) Effective January 1, 2020.)
This law states that when giving grants or making agreements with a federally recognized Indian tribe, the conservancy must acknowledge and respect the tribe's limited sovereignty.
In awarding grants to, or entering into agreements with, a federally recognized Indian tribe, the conservancy shall recognize and respect the limited sovereignty of the tribe.
federally recognized Indian tribe limited sovereignty grant awards conservancy agreements tribal partnerships tribal sovereignty recognition respect for sovereignty tribal grant agreements sovereignty acknowledgment Indian tribe grants
(Added by Stats. 2002, Ch. 958, Sec. 7. Effective January 1, 2003.)
Starting January 1, 2020, unrestricted funds can be given as grants by the conservancy to nonprofit organizations. These organizations should offer programs related to the history and management of ocean and coastal resources, focusing on science, education, or heritage.
Funds not otherwise restricted may be awarded by the conservancy, on and after January 1, 2020, for funding grants to nonprofit organizations that offer scientific, educational, or heritage programs that focus on the history and stewardship of the ocean and coastal resources.
conservancy grants nonprofit funding ocean history coastal stewardship educational programs heritage programs scientific initiatives resource management marine conservation unrestricted funds environmental education ocean resources coastal resources grant eligibility nonprofit organizations
(Added by Stats. 2019, Ch. 701, Sec. 3. (SB 367) Effective January 1, 2020.)
This California law allows a conservancy to make advance payments on contracts or grants, as long as it follows a specific government procedure. This rule will stay in place until the corresponding government procedure is repealed, at which point this rule will also end.
(a)CA Public Resources Code § 31123(a) The conservancy may authorize advance payments on a contract or grant awarded pursuant to this division in accordance with Section 11019.1 of the Government Code.
(b)CA Public Resources Code § 31123(b) This section shall remain in effect only until the date that Section 11019.1 of the Government Code is repealed, and as of that date is repealed.
conservancy advance payments contract authorization grant advance payment Government Code Section 11019.1 procedure compliance conditional expiration conservancy funding contract payment rules grant payment procedures advance funding provisions
(Added by Stats. 2023, Ch. 817, Sec. 1. (AB 882) Effective January 1, 2024. Conditionally repealed as prescribed by its own provisions.)