It is the policy of the Legislature to assure that significant coastal resource sites shall be reserved for public use and enjoyment. To achieve this objective, it is the intent of the Legislature to vest in the conservancy authority to acquire, hold, protect, and use interests in key coastal resource lands, as indicated in the chapters of this division, that otherwise would be lost to public use.
Chapter 8Reservation of Significant Coastal Resource Areas
Section § 31350
This law is about ensuring that important coastal areas in California are kept for public use and enjoyment. The Legislature wants to give the conservancy the power to buy, manage, and protect these lands so that the public doesn't lose access to them.
coastal resource sites public use public enjoyment conservancy authority acquire land protect coastal lands key coastal resource lands public access legislative intent land conservation resource protection California coast natural resources public land environmental conservation
Section § 31351
This law section mandates that the conservancy must work closely with various commissions, public agencies, and nonprofit organizations to reserve certain interests in land. These areas are reserved for uses like parks, recreation, wildlife habitats, and historical or scientific purposes. The reservations are intended to align with the policies of the California Coastal Act of 1976 and other relevant local plans, including those for San Francisco Bay and other coastal areas.
This statute also clarifies that these provisions do not limit the bay commission's authority to make decisions about permits, as outlined in another section of the Government Code.
(a)CA Public Resources Code § 31351(a) The conservancy shall cooperate with the commission, bay commission, and other public agencies and with nonprofit organizations in ensuring the reservation of interests in real property for purposes of this division, as well as for park, recreation, fish and wildlife habitat, historical preservation, or scientific study required to meet the policies and objectives of the California Coastal Act of 1976 (commencing with Section 30000), or a certified local coastal plan or program; or, in the case of San Francisco Bay, the sites identified in the bay plan, the Suisun Marsh Protection Plan, or in any other local plan that the bay commission determines to be consistent with those plans; or, in coastal areas not within the coastal zone or the San Francisco Bay, any other local plans.
(b)CA Public Resources Code § 31351(b) The provisions of this division shall not diminish or otherwise affect the authority of the bay commission to approve, deny, or modify permits as provided in Section 66632 of the Government Code.
conservancy cooperation public agencies nonprofit organizations real property reservation California Coastal Act San Francisco Bay Suisun Marsh Protection Plan local coastal plan wildlife habitat historical preservation scientific study bay commission authority permit approval land use planning coastal zone plans
Section § 31352
This law outlines what can happen if a public agency or nonprofit organization can't acquire, maintain, or use a piece of property due to financial or other constraints. In such cases, a conservancy can either give a grant to help the agency or organization or it can acquire and hold the property until it can be transferred to the appropriate group. Additionally, the conservancy is allowed to offer technical help to these organizations to assist them in the acquisition process.
(a)CA Public Resources Code § 31352(a) If a public agency or nonprofit organization is unable, due to limited financial resources or other circumstances, to acquire, hold, protect, or use an interest in real property for a purpose provided in Section 31351, the conservancy may do either of the following:
(1)CA Public Resources Code § 31352(a)(1) Award a grant to the public agency or nonprofit organization for a purpose provided in Section 31351.
(2)CA Public Resources Code § 31352(a)(2) Acquire and hold the interest for subsequent conveyance to an appropriate public agency or nonprofit organization.
(b)CA Public Resources Code § 31352(b) The conservancy may provide the technical assistance required to aid a public agency or nonprofit organization in completing the acquisition or related functions described in subdivision (a).
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Section § 31352.5
This law allows a conservancy to loan money to a nonprofit organization so it can temporarily acquire property if the nonprofit is in a better position to do so. The nonprofit must follow specific procedures and restrictions when using the loan to buy the property, as outlined in this chapter.
Where a nonprofit organization is better situated than the conservancy to acquire temporarily an interest in real property for later acquisition by a public agency or nonprofit organization, the conservancy may loan the nonprofit organization the necessary funds to accomplish the acquisition. As a condition of that loan, the nonprofit organization shall adhere to the procedures and restrictions of this chapter in accomplishing the acquisition.
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Section § 31353
This law allows a conservancy (an organization that protects natural land) to make an agreement to potentially buy real estate if the state allocates money to a related project. However, this agreement can't cost more than $600,000.
Notwithstanding any other provision of law, the conservancy may enter into an option to acquire an interest in real property in connection with a site-reservation project, when the Legislature appropriates funds for purposes of carrying out the objectives of this division. The cost of the option may not exceed six hundred thousand dollars ($600,000).
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Section § 31354
This law states that when the conservancy acquires land, it can't hold onto that land for more than 10 years. During this time, a public agency or nonprofit organization can take over ownership for public purposes, provided that the local city or county agrees. If a nonprofit wants the land, the city or county has 30 days to object. The conservancy may add restrictions to ensure the land's use matches the original purpose. The cost of the land can include administrative expenses, and payments can be in cash or equivalent property. If no one acquires the land within 10 years, it must be sold at market value without use restrictions. Proceeds from any land sale go back to the conservancy for related programs.
The conservancy may not hold fee interests acquired in accordance with this chapter for more than 10 years from the time of acquisition. A public agency shall have the right to acquire the fee interest at any time during this period for the public purposes indicated in this chapter. At any time during this period, a nonprofit organization may acquire the fee interest if the city or county where the lands are located approves the acquisition. The acquisition shall be deemed approved thirty days after the conservancy has mailed written notice, unless the city or county objects in writing within that time. When deemed appropriate by the conservancy, the instrument conveying an interest in real property to a nonprofit organization may include a restriction permanently limiting the use of those lands to the acquisition purposes. The price to public agencies or to nonprofit organizations that acquire interests in real property from the conservancy may include the cost of acquisition or the conservancy’s administrative and management costs in reserving and managing the land, or both. The payment of this acquisition price shall be either monetary or conservancy approved property of an equivalent value, or a combination thereof. The lands acquired under this section shall not be disposed of under Section 11011.1 of the Government Code. If, at the expiration of this 10-year period, no public agency or nonprofit organization is willing or able to acquire the lands, the conservancy shall request the Department of General Services to dispose of those lands at fair market value without restriction on subsequent land use under this division.
Any funds received by the state upon disposition of lands acquired in accordance with Section 31352 shall be deposited with the conservancy and shall be available for expenditure when appropriated by the Legislature for the purposes of funding the programs specified in this division.
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Section § 31355
This law allows the conservancy to lease property it owns. If leased to private individuals or groups, 24% of the lease income goes to the county where the property is located, with government approval of funds. The county then divides this money among itself, local tax districts, and other relevant taxing bodies based on their tax share the previous year. The county auditor figures out how much each gets and the board of supervisors makes sure it's handed out appropriately. Any money given to a county, local district, or taxing agency should go to the same fund as usual taxes on similar properties. For payments of $25 or less for any leased property, the entire amount stays with the county's general fund.
The conservancy is authorized to lease interest in real property acquired in accordance with this chapter. When the leases are made to private individuals or groups, the conservancy shall annually, upon appropriation of the amounts by the Legislature, transfer 24 percent of the gross income of the leases to the county where the interests in real property are situated.
The county shall distribute any payment received by it pursuant to this section to itself, to each revenue district for which the county assesses and collects real property taxes or assessments, and to every other taxing agency within the county where the property is situated. The amount distributable to the county and each revenue district or other taxing agency shall be proportionate to the ratio that the amount of the taxes and assessments of each on similar real property similarly situated within that part of the county embracing the smallest in area of the revenue districts or other taxing agencies other than the county, levied for the fiscal year next preceding, bears to the combined amount of the taxes and assessments of all those districts and agencies, including the county, on the property levied for that year. The county auditor shall determine and certify the amounts distributable to the board of supervisors, that shall thereupon order the making of the distribution.
Any money distributed pursuant to this section to any county, revenue district, or other taxing agency shall be deposited to the credit of the same fund as any taxes or assessments on any taxable similar real property similarly situated.
Where a county receives a payment pursuant to this section in an amount of twenty-five dollars ($25) or less in respect to any parcel of leased property, all of that payment shall be distributed to the county for deposit in the county general fund.
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Section § 31356
After the counties get their share as outlined in the previous section, any leftover money from lease revenues is given to the conservancy. This money can be used for their programs, but only when the Legislature decides to allocate it.
All remaining revenue derived from leases, after allocation to counties as specified in Section 31355, shall be deposited annually with the conservancy and shall be available for expenditure when appropriated by the Legislature for the purposes of funding the programs specified in this division.
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