Finances - - CA Public Resources

Section § 33800

In California, the conservancy can only take on debt to buy real estate. They are allowed to borrow money only from entities that are part of their governing board. The debt must be secured by the property being purchased and must clearly state that no state funds or credit are involved in repaying the debt.

Additionally, any debt the conservancy takes on after January 1, 1997, is invalid unless it meets these conditions and is approved by the Department of Finance.

(a) The conservancy may incur debt only for the purpose of acquiring real property. To acquire that property, the conservancy may only borrow money from, and incur a debt to, an entity that is represented on the conservancy’s governing board if the debt instrument pertaining to the acquisition of the property states that the security for the debt created therein is limited to the real property to be acquired, and includes an acknowledgment that no state funds or state credit will be obligated or committed to repay the debt.

(b) Any debt instrument that is entered into by the conservancy after January 1, 1997, shall be null and void, except for a debt instrument that complies with subdivision (a) and is approved by the Department of Finance.

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(Repealed and added by Stats. 1996, Ch. 963, Sec. 10. Effective September 27, 1996.)

Section § 33802

This law allows the conservancy to set and collect fees from the public for using lands it owns or controls. However, these fees can't be higher than what it costs the conservancy to offer the service tied to the fee.

The conservancy may fix and collect fees for the use by the public of any lands owned or otherwise controlled by the conservancy. No fee shall, however, exceed the conservancy’s cost of providing the service for which the fee is charged.

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(Added by Stats. 1990, Ch. 977, Sec. 1.)

Section § 33803

California's Public Resources Code Section 33803 outlines how a conservancy can raise money. They can generate revenue for any legal purpose, such as conservation efforts, by imposing assessments or taxes. However, before any new tax, increased tax, or assessment on property can be enacted, it must be voted on and approved by the people living within the conservancy area. If an assessment or tax needs two-thirds of the votes to pass according to the law, then two-thirds of the voters must agree. If only a simple majority is needed, then more than half of the voters must approve it. Additionally, any election for these measures must align with a bigger election, either statewide or county-wide in Riverside.

(a) The conservancy may raise revenues for any lawful purpose of the conservancy pursuant to this chapter.

(b) If the conservancy proposes to raise revenue by the levy of an assessment on real property or by the levy of any type of tax or increase in any existing tax authorized by this chapter, and the law authorizing the assessment or tax requires the approval of the electors of the conservancy, the assessment or tax may not be levied unless and until it is approved by the electors of the conservancy at an election held for that purpose. Any assessment or tax levied by the conservancy shall be approved by two-thirds of the votes cast by the electors of the conservancy if the law authorizing the assessment or tax requires approval by two-thirds of the votes cast, or shall be approved by a majority of the votes cast by the electors of the conservancy if the law authorizing the assessment or tax provides for approval by a majority of the votes cast.

(c) Any election conducted by the conservancy shall be consolidated with a statewide election or any election conducted throughout the County of Riverside.

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(Amended by Stats. 1991, Ch. 267, Sec. 13.)

Section § 33804

This law enables the conservancy to generate income through different methods. These include, firstly, assessments within certain zones for funding improvements and land purchases, with the rate set based on service levels in each zone; voters can approve a range for these rates. Secondly, they can impose special taxes under certain government code provisions. Lastly, they can levy taxes in line with the Mello-Roos Community Facilities Act, which allows for additional taxes for public services or infrastructure.

The conservancy is expressly authorized to raise revenues by any, or a combination, of the following:

(a) An assessment to finance capital improvements and land acquisition, which may be levied within one or more zones within the conservancy’s territory established to reflect the level of service provided by the conservancy within the zone, as provided in the Improvement Act of 1911 (Division 7 (commencing with Section 5000), Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500), Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000), Streets and Highways Code), and the Landscaping and Lighting Act of 1972 (Division 15 (commencing with Section 22500), Streets and Highways Code). At the election authorizing the assessment, the conservancy may propose a range of assessment rates, within which range the rate may from time to time be adjusted by the governing board to reflect the conservancy’s revenue needs.

(b) A special tax, as provided in Article 3.7 (commencing with Section 53720) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.

(c) A special tax levied pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).

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(Added by Stats. 1990, Ch. 977, Sec. 1.)

Section § 33805

This law allows a conservancy's governing board to call for an election to decide if it should take on debt and issue bonds when immediate funds aren't enough for buying property, handling big expenses, or managing existing debt.

Upon making the determination that immediate revenues are insufficient for the acquisition of property, other capital expenses, or the funding or refunding of any outstanding indebtedness, the governing board of the conservancy may call an election on a proposition to incur indebtedness in a specified amount and to issue limited obligation bonds.

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(Added by Stats. 1990, Ch. 977, Sec. 1.)

Section § 33806

This law creates a special fund called the Coachella Valley Mountains Conservancy Fund in the State Treasury. The money in this fund can be used by the conservancy for specific purposes, but only if the Legislature approves the spending first.

The Coachella Valley Mountains Conservancy Fund is hereby created in the State Treasury. The money in the fund shall be made available for expenditure by the conservancy, upon appropriation by the Legislature, for the purposes of this division.

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(Added by Stats. 1996, Ch. 963, Sec. 11. Effective September 27, 1996.)