Section § 31160

Explanation

The San Francisco Bay Area Conservancy Program is set up to be run by the conservancy. Its job is to handle resource and recreational goals for the San Francisco Bay area. This program aims to do so in an organized and thorough manner, as outlined in Section 31162.

The San Francisco Bay Area Conservancy Program is established pursuant to this chapter, to be administered by the conservancy, to address the resource and recreational goals of the San Francisco Bay area, as identified in Section 31162, in a coordinated, comprehensive, and effective way.

Section § 31161

Explanation

This law acknowledges that the nine counties surrounding San Francisco Bay form a unique region with special natural resources and outdoor recreation needs. It emphasizes that San Francisco Bay is a key part of a network that includes open spaces, watersheds, natural habitats, waterways, scenic areas, farmlands, and regional trails.

The Legislature hereby finds and declares that the nine counties that bound San Francisco Bay constitute a region with unique natural resource and outdoor recreational needs. San Francisco Bay is the central feature in an interconnected open-space system of watersheds, natural habitats, waterways, scenic areas, agricultural lands, and regional trails.

Section § 31162

Explanation

This law allows the San Francisco Bay Area Conservancy to carry out projects and give grants to achieve specific goals. These goals include improving public access to natural and urban spaces in the Bay Area without harming private property, agriculture, or sensitive environments. It aims to protect and enhance natural habitats and scenic areas, support local and regional planning, and provide open spaces for recreation and education to urban populations.

The conservancy may undertake projects and award grants in the nine-county San Francisco Bay Area that will help achieve the following goals of the San Francisco Bay Area Conservancy Program:
(a)CA Public Resources Code § 31162(a) To improve public access to, within, and around the bay, coast, ridgetops, and urban open spaces, consistent with the rights of private property owners, and without having a significant adverse impact on agricultural operations and environmentally sensitive areas and wildlife, including wetlands and other wildlife habitats through completion and operation of regional bay, coast, water, and ridge trail systems, and local trails connecting to population centers and public facilities, which are part of a regional trail system and are consistent with locally and regionally adopted master plans and general plans, and through the provision and preservation of related facilities, such as interpretive centers, picnic areas, staging areas, and campgrounds.
(b)CA Public Resources Code § 31162(b) To protect, restore, and enhance natural habitats and connecting corridors, watersheds, scenic areas, and other open-space resources of regional importance.
(c)CA Public Resources Code § 31162(c) To assist in the implementation of the policies and programs of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)), the San Francisco Bay Plan, and the adopted plans of local governments and special districts.
(d)CA Public Resources Code § 31162(d) To promote, assist, and enhance projects that provide open space and natural areas that are accessible to urban populations for recreational and educational purposes.

Section § 31163

Explanation

This law section outlines the responsibilities of the San Francisco Bay Area Conservancy in cooperating with various local and regional bodies to identify and adopt long-term goals for recreation and resource management in the San Francisco Bay Area. The Conservancy must consider priority areas recommended by the bay commission but ultimately has the authority to make decisions. Real property acquisitions must come from willing sellers, especially if the land is used for farming or ranching.

The Conservancy is tasked with fostering partnerships to implement its goals, prioritizing projects that are supported by plans, involve multiple jurisdictions, are timely, and offer significant benefits, including secured matching funds. Additionally, the Conservancy leads in funding and developing the San Francisco Bay Area Water Trail Plan, coordinating with various stakeholders to ensure that projects do not harm sensitive wildlife areas and are consistent with regional goals.

(a)CA Public Resources Code § 31163(a) The conservancy shall cooperate with cities, counties, and districts, the bay commission, other regional governmental bodies, nonprofit land trusts, nonprofit landowner organizations, and other interested parties in identifying and adopting long-term resource and outdoor recreational goals for the San Francisco Bay area, which shall guide the ongoing activities of the San Francisco Bay Area Conservancy Program. The conservancy shall utilize the list of priority areas and concerns established by the bay commission pursuant to subdivision (b) of Section 31056 as guidance in the selection of those San Francisco area projects that are within the jurisdiction of the bay commission. However, the guidance provided by the bay commission is advisory and the conservancy shall have the responsibility for making program decisions. Any acquisition of real property using funds authorized pursuant to this chapter shall be from willing sellers if the land is actively farmed or ranched. Any acquisition of real property by the conservancy pursuant to this chapter shall be from willing sellers.
(b)CA Public Resources Code § 31163(b) The conservancy shall participate in and support interagency actions and public/private partnerships in the San Francisco Bay area for the purpose of implementing subdivision (a), and providing for broad-based local involvement in, and support for, the San Francisco Bay Area Conservancy Program.
(c)CA Public Resources Code § 31163(c) The conservancy shall utilize the criteria specified in this subdivision to develop project priorities for the San Francisco Bay Area Conservancy Program that provide for development and acquisition projects, urban and rural projects, and open space and outdoor recreational projects. The conservancy shall give priority to projects that, to the greatest extent, meet the following criteria:
(1)CA Public Resources Code § 31163(c)(1) Are supported by adopted local or regional plans.
(2)CA Public Resources Code § 31163(c)(2) Are multijurisdictional or serve a regional constituency.
(3)CA Public Resources Code § 31163(c)(3) Can be implemented in a timely way.
(4)CA Public Resources Code § 31163(c)(4) Provide opportunities for benefits that could be lost if the project is not quickly implemented.
(5)CA Public Resources Code § 31163(c)(5) Include matching funds from other sources of funding or assistance.
(d)Copy CA Public Resources Code § 31163(d)
(1)Copy CA Public Resources Code § 31163(d)(1) The conservancy shall be the lead agency in the funding and development of projects implementing the San Francisco Bay Area Water Trail Plan prepared pursuant to Section 66694 of the Government Code.
(2)CA Public Resources Code § 31163(d)(2) During the period when the plan is being prepared and after the completion of the plan, the conservancy may undertake projects and award grants that are generally consistent with and advance the preparation of the plan or achieve the implementation of the plan.
(3)CA Public Resources Code § 31163(d)(3) To advance the preparation of the plan, the conservancy shall help coordinate a collaborative partnership with the bay commission, the Association of Bay Area Governments, and other interested persons, organizations, and agencies, including, but not limited to, interested state, county, and district departments and commissions, parks and park districts, ports, regional governmental bodies, nonprofit groups, user groups, and businesses.
(4)CA Public Resources Code § 31163(d)(4) In developing the plan and undertaking projects to implement the plan, areas for which access is to be managed or prohibited shall be determined in consultation with resource protection agencies, the United States Coast Guard, the Water Transit Authority, the State Lands Commission, local law enforcement agencies, and through the environmental review process required by the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(5)CA Public Resources Code § 31163(d)(5) Upon the completion of the plan, the conservancy shall consider the plan’s adoption and inclusion of the appropriate elements of the plan in the conservancy’s strategic plan.
(6)CA Public Resources Code § 31163(d)(6) The conservancy shall not award a grant or undertake a project for the San Francisco Bay Area Water Trail that would have a significant adverse impact on a sensitive wildlife area or is in conflict with the goals of subdivision (a) of Section 31162.

Section § 31164

Explanation

This law sets up a specific account within the State Coastal Conservancy Fund called the San Francisco Bay Area Conservancy Program Account. Its purpose is to manage and distribute funds for the San Francisco Bay Area Conservancy Program as directed by the Legislature. The account will hold money from legislative appropriations, project proceeds, and any other reimbursements related to the program. While interest from this account goes to the General Fund, the Conservancy will track all money related to this account.

Additionally, funds that come from non-state or non-federal sources, like private donations or local government contributions, are to be placed in this account within the Coastal Trust Fund.

(a)CA Public Resources Code § 31164(a) The San Francisco Bay Area Conservancy Program Account is hereby created in the State Coastal Conservancy Fund, for the purpose of depositing and disbursing funds, upon appropriation by the Legislature, for the administration and implementation of the San Francisco Bay Area Conservancy Program. All funds that are appropriated by the Legislature for the purposes of this chapter, and all reimbursements, proceeds of sale, or other money received by the conservancy for the purposes of this chapter and derived from projects funded from this account shall be deposited in this account. Interest on funds in this account shall accrue to the General Fund. The conservancy shall account for all deposits and reimbursements of funds in this account.
(b)CA Public Resources Code § 31164(b) Funds that are derived from other sources, exclusive of state or federal funds, for the purposes of this chapter, including, but not limited to, private donations, fees, penalties, and local government contributions, shall be deposited in the San Francisco Bay Area Conservancy Program Account in the Coastal Trust Fund pursuant to Section 31012.

Section § 31165

Explanation

This law allows the conservancy to start projects and give grants to support the San Francisco Bay area, focusing on activities that protect, restore, or improve ocean, coastal, and watershed resources. It also supports projects that provide environmental education related to these resources, including events, exhibits, or infrastructure improvements that highlight coastal, watershed, or ocean resources and maritime history.

In order to benefit the San Francisco Bay region, the conservancy may undertake projects and award grants for activities that are compatible with the preservation, restoration, or enhancement of ocean, coastal, bay, or watershed resources, or that facilitate environmental education related to these resources. These projects or activities may include, but are not limited to, exhibits or events emphasizing coastal, watershed, or ocean resources education, or maritime history, or the development of amenities and infrastructure consistent with this chapter.