This law outlines the role and funding of the Sacramento-San Joaquin Delta Conservancy. It explains that the conservancy's activities are restricted to the Delta and Suisun Marsh, with funding held in a special state treasury fund for specific purposes. Funds are allocated for projects that restore and enhance ecosystems in line with the conservancy's strategic plan. Additionally, there is a provision for a separate program dedicated to supporting the Delta's economic sustainability, guided by a specific plan. All funds for ecosystem restoration must only be used for those purposes, following a particular conservation plan.
(a)CA Public Resources Code § 32360(a) Except as specified in Section 32360.5, the jurisdiction and activities of the conservancy are limited to the Delta and Suisun Marsh.
(b)Copy CA Public Resources Code § 32360(b)
(1)Copy CA Public Resources Code § 32360(b)(1) The Sacramento-San Joaquin Delta Conservancy Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, only for the purposes of this division.
(2)CA Public Resources Code § 32360(b)(2) Funds provided for ecosystem restoration and enhancement shall be available for ecosystem restoration projects consistent with the conservancy’s strategic plan adopted pursuant to Section 32376.
(3)CA Public Resources Code § 32360(b)(3) Funds may be allocated to a separate program within the conservancy for economic sustainability in the Delta. The economic sustainability plan adopted pursuant to Section 29759 shall be the basis for the program. Funds provided to the conservancy to implement ecosystem restoration projects pursuant to the Bay Delta Conservation Plan shall only be used for ecosystem restoration purposes.
Delta Conservancy Suisun Marsh ecosystem restoration strategic plan economic sustainability Conservancy Fund Bay Delta Conservation Plan appropriation Conservancy jurisdiction economic sustainability plan fund allocation State Treasury Delta ecosystem environmental enhancement legislative appropriation
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This section outlines conditions under which the conservancy can take or fund actions outside the Delta and Suisun Marsh to support the Delta Plan. The conservancy must ensure the project aligns with the ecosystem goals of the Delta Plan, complies with relevant permits, and has consulted with local jurisdictions, the Delta Protection Commission, and any state conservancy where the project is proposed. Additionally, the project must provide significant benefits to the Delta.
In furtherance of the conservancy’s role in implementing the Delta Plan, the conservancy may take or fund an action outside the Delta and Suisun Marsh if the board makes all of the following findings:
(a)CA Public Resources Code § 32360.5(a) The project implements the ecosystem goals of the Delta Plan.
(b)CA Public Resources Code § 32360.5(b) The project is consistent with the requirements of any applicable state and federal permits.
(c)CA Public Resources Code § 32360.5(c) The conservancy has given notice to and reviewed any comments received from affected local jurisdictions and the Delta Protection Commission.
(d)CA Public Resources Code § 32360.5(d) The conservancy has
given notice to and reviewed any comments received from any state conservancy where the project is located.
(e)CA Public Resources Code § 32360.5(e) The project will provide significant benefits to the Delta.
Delta Plan ecosystem goals Suisun Marsh project funding local jurisdictions consultation Delta benefits state and federal permits Delta Protection Commission state conservancy notification ecological project requirements external Delta actions project compliance environmental conservation permit consistency inter-jurisdictional collaboration conservancy responsibilities
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This section allows the conservancy to form partnerships with nonprofit groups, local government agencies, and landowners. These partnerships are aimed at collaborating on projects or initiatives that align with the conservancy's goals.
The conservancy may engage in partnerships with nonprofit organizations, local public agencies, and landowners.
conservancy partnerships nonprofit collaboration local public agencies landowner agreements project initiatives environmental partnerships community collaboration land management resource conservation sustainable development public-private partnerships land use planning conservation projects strategic alliances collaborative efforts
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This law requires the conservancy to work with local governments, such as cities or counties, when planning to spend a grant or acquire real estate. It also mandates coordination with other state agencies, especially with the oversight of the Secretary of the Natural Resources Agency. Additionally, the conservancy needs to collaborate with public entities like water systems or flood control agencies that own relevant facilities or lands where the grant money will be used or property acquired.
In implementing this division, the conservancy shall cooperate and consult with the city or county in which a grant is proposed to be expended or an interest in real property is proposed to be acquired, and shall, as necessary or appropriate, coordinate its efforts with other state agencies, in cooperation with the Secretary of the Natural Resources Agency. The conservancy shall, as necessary or appropriate, cooperate and consult with a public water system, levee, flood control, or drainage agency that owns or operates facilities, including lands appurtenant thereto, where a grant is proposed to be expended or an interest in land is proposed to be acquired.
conservancy cooperation city or county consultation grant expenditure real property acquisition state agency coordination Natural Resources Agency public water system public levee agency flood control agency drainage agency collaboration facility ownership land acquisition public agency consultation Natural Resources oversight interagency coordination
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This law explains how the conservancy can manage grants. The conservancy can set specific terms for any grant agreement and can require local funding contributions, though they might waive this requirement based on various factors like available funds or project urgency. They are also allowed to fund studies and seek repayment of granted funds as needed. Any excess funds must be returned to the conservancy for future use.
(a)CA Public Resources Code § 32364(a) The conservancy may require a grantee to enter into an agreement with the conservancy on terms and conditions specified by the conservancy.
(b)CA Public Resources Code § 32364(b) The conservancy may require a cost-share or local funding requirement for a grant. The conservancy may make that cost-share or local funding requirement contingent upon the total amount of funding available, the fiscal resources of the applicant, or urgency of the project. The conservancy may waive cost-share requirements.
(c)CA Public Resources Code § 32364(c) The conservancy may fund or award grants for plans and feasibility studies consistent with its strategic plan or the Delta Plan.
(d)CA Public Resources Code § 32364(d) The conservancy may seek repayment or reimbursement of funds granted on terms and conditions it deems appropriate. The proceeds of repayment shall be deposited in the fund.
(e)CA Public Resources Code § 32364(e) The conservancy may require any funds that exceed the costs of eligible or approved projects or of acquisition to be returned to the conservancy, to be available for expenditure when appropriated by the Legislature.
conservancy grants grant agreement cost-share requirement local funding waive cost-share strategic plan Delta Plan feasibility studies funding repayment excess funds return eligible projects
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This law allows the conservancy to give grants and provide loans to state and local public agencies and nonprofit organizations to support its goals.
If an entity wants a grant to buy property, their application must include the property's intended use, how it will be managed, how ongoing costs will be covered, and if applicable, how they will cover payments usually owed to local government, such as taxes or assessments.
(a)CA Public Resources Code § 32364.5(a) The conservancy may provide grants and loans to state agencies, local public agencies, and nonprofit organizations to further the goals of the conservancy.
(b)CA Public Resources Code § 32364.5(b) An entity applying for a grant from the conservancy to acquire an interest in real property shall specify all of the following in the grant application:
(1)CA Public Resources Code § 32364.5(b)(1) The intended use of the property.
(2)CA Public Resources Code § 32364.5(b)(2) The manner in which the land will be managed.
(3)CA Public Resources Code § 32364.5(b)(3) How the cost of ongoing operations, maintenance, and management will be provided, including an analysis
of the maintaining entity’s financial capacity to support those ongoing costs.
(4)CA Public Resources Code § 32364.5(b)(4) Grantees shall demonstrate, where applicable, how they will provide payments in lieu of taxes, assessments, or charges otherwise due to local government.
conservancy grants property acquisition nonprofit organization funding state agency support local public agency funding real property interest land management financial capacity analysis payments in lieu of taxes local government charges ongoing maintenance costs grant application requirements property use specification operations funding property management plan
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This law means that the conservancy has the legal ability to file lawsuits or have lawsuits filed against it.
The conservancy may sue and be sued.
conservancy legal rights sue or be sued legal ability lawsuits legal action conservancy authority litigation rights legal proceedings judicial claims civil court defendant rights plaintiff rights
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
The conservancy can buy, sell, or lease land from people who want to make a deal. They do this to support their goals. When it's possible, they prefer using conservation easements, which are agreements to protect the land's natural state, to help restore ecosystems.
(a)CA Public Resources Code § 32366(a) The conservancy may acquire from willing sellers or transferors interests in real property and improve, lease, or transfer interests in real property, in order to carry out the purposes of this division.
(b)CA Public Resources Code § 32366(b) The conservancy shall use conservation easements to accomplish ecosystem restoration whenever feasible.
conservancy willing sellers real property interests ecosystem restoration conservation easements property transfer land improvement lease land environmental protection natural state preservation land agreements property acquisition transferring land interests feasible ecosystem restoration
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This law allows the conservancy to partner with public agencies, nonprofits, or private entities to build, manage, or upkeep facilities it is responsible for.
The conservancy may enter into an agreement with a public agency, nonprofit organization, or private entity for the construction, management, or maintenance of facilities authorized by the conservancy.
conservancy partnerships public agency agreements nonprofit collaborations private entity contracts facility construction management agreements maintenance partnerships authorized facilities conservancy projects infrastructure management construction agreements nonprofit facility management public-private partnerships
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This law says that the conservancy, which is a group or organization set up to protect resources like land or water, is not allowed to take private property by force through a legal process called eminent domain.
The conservancy shall not exercise the power of eminent domain.
conservancy restrictions no eminent domain property rights land protection water resources public land acquisition eminent domain prohibition property acquisition limits forceful property takeover legal property seizure restriction
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This law section allows the conservancy to seek and accept money from various places, such as government grants, private donations, and fees. It can also manage financial endowments. Any funds it receives are to be spent according to the division's goals.
(a)CA Public Resources Code § 32372(a) The conservancy may pursue and accept funds from various sources, including, but not limited to, federal, state, and local funds or grants, gifts, donations, bequests, devises, subventions, grants, rents, royalties, or other assistance and funds from public and private sources.
(b)CA Public Resources Code § 32372(b) The conservancy may accept fees levied by others.
(c)CA Public Resources Code § 32372(c) The conservancy may create and manage endowments.
(d)CA Public Resources Code § 32372(d) All funds received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division.
conservancy funding government grants private donations endowments fund management accepting fees public assistance private sources financial management conservancy funds donations federal funds state funds local funds bequests
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
When the board hires a new executive officer, they have two years to create and adopt a strategic plan. This plan aims to help achieve the conservancy's goals and explain how they will work with various land use and environmental efforts in and around the Delta area. It will outline project and program priorities based on what is needed, what can be done, and how much funding is required. Additionally, the plan must align with several existing plans and protections related to the Delta and the surrounding areas.
Within two years of hiring an executive officer, the board shall prepare and adopt a strategic plan to achieve the goals of the conservancy. The plan shall describe its interaction with local, regional, state, and federal land use, recreation, water and flood management, and habitat conservation and protection efforts within and adjacent to the Delta. The strategic plan shall establish priorities and criteria for projects and programs, based upon an assessment of program requirements, institutional capabilities, and funding needs throughout the Delta. The strategic plan shall be consistent with the Delta Plan, the Delta Protection Commission’s resources management plan, the Central Valley Flood Protection Plan, the Suisun Marsh Preservation Act of 1977 (Division 19 (commencing with
Section 29000)), and the Habitat Management, Preservation and Restoration Plan for the Suisun Marsh.
executive officer strategic plan conservancy goals interactions with local efforts land use Delta region recreation management water management flood management habitat conservation project priorities program criteria funding needs Delta Plan Suisun Marsh Preservation Habitat Management
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This law allows the conservancy to spend money and give grants and loans to help plan and develop projects that align with the division's goals.
Additionally, the conservancy can offer technical help and expertise to public agencies, nonprofits, and tribal organizations to support their projects and programs.
(a)CA Public Resources Code § 32378(a) The conservancy may expend funds and award grants and loans to facilitate collaborative planning efforts and to develop projects and programs that are designed to further the purposes of this division.
(b)CA Public Resources Code § 32378(b) The conservancy may provide and make available technical information, expertise, and other nonfinancial assistance to public agencies, nonprofit organizations, and tribal organizations, to support program and project development and implementation.
conservancy funding grants and loans collaborative planning project development nonfinancial assistance technical expertise public agencies nonprofit support tribal organizations program implementation conservancy projects project facilitation collaborative efforts technical information program development
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This law allows the conservancy to obtain water or water rights to help achieve its objectives. This means they can legally buy or otherwise secure needed water resources to support their projects and initiatives.
The conservancy may acquire water or water rights to support the goals of the conservancy.
conservancy acquire water water rights support goals water resources water acquisition obtain water conservancy objectives environmental project resource management
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
This section of the law makes it clear that the conservancy cannot control certain things in California. It doesn't have the authority to regulate how land is used, that power remains with cities or counties.
Additionally, the conservancy can't manage land activities unless it owns an interest in the land or has a special agreement or authority from the landowner. It also doesn't have any power over other people’s water rights.
This division does not grant to the conservancy any of the following:
(a)CA Public Resources Code § 32381(a) The power of a city or county to regulate land use.
(b)CA Public Resources Code § 32381(b) The power to regulate any activities on land, except as the owner of an interest in the land, or pursuant to an agreement with, or a license or grant of management authority from, the owner of an interest in the land.
(c)CA Public Resources Code § 32381(c) The power over water rights held by others.
conservancy limitations land use regulation city authority county authority land activities regulation landowner agreement management authority water rights interest in land land ownership land regulation restrictions
(Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
