The Salton Sea Conservancy Fund is hereby created in the State Treasury. The Legislature intends to support the fund through authorized proceeds from the sale of bonds and allocations from the Salton Sea Lithium Fund pursuant to Section 2951 of the Fish and Game Code.
Chapter 5Powers, Duties, and Limitations
Section § 33825
This law creates the Salton Sea Conservancy Fund, which is a special fund in the state's treasury. It is intended to receive financial support through the sale of bonds and specific allocations from the Salton Sea Lithium Fund, as laid out in another law.
Salton Sea Conservancy Fund State Treasury bond sale proceeds financial support Salton Sea Lithium Fund Fish and Game Code Section 2951 fund creation state funding bond allocations environmental fund conservancy funding wildlife management natural resource management state finance
Section § 33826
This section allows the conservancy to form partnerships with tribes, nonprofits, local agencies like the Salton Sea Authority, and landowners.
The conservancy may engage in partnerships with tribes, nonprofit organizations, local public agencies, including the Salton Sea Authority, and landowners.
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Section § 33827
This law requires the conservancy to work together and communicate with the city or county where a grant is intended to be used or real property is intended to be acquired. Additionally, they must coordinate with the Salton Sea Authority and other state agencies as needed, with the help of the Secretary of the Natural Resources Agency.
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 the Salton Sea Authority, and with other state agencies, in cooperation with the Secretary of the Natural Resources Agency.
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Section § 33828
The conservancy can require grant recipients to agree to specific terms and may impose a cost-share or local funding requirement depending on the project's urgency or applicant's financial situation. However, the cost-share can be waived. Grants can be used for planning and feasibility studies that align with the conservancy's goals, and recipients may need to repay these funds, with repayments going into a designated fund. Excess funds must be returned for future allocation. Grants can be awarded to state and local agencies, tribes, and nonprofits to support the division's objectives. For projects led by nonprofits or benefiting disadvantaged communities with awards under $1,000,000, the conservancy may advance up to half the grant amount.
(a)CA Public Resources Code § 33828(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 § 33828(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 the urgency of the project. The conservancy may waive cost-share requirements.
(c)CA Public Resources Code § 33828(c) The conservancy may fund or award grants for plans and feasibility studies consistent with its plans.
(d)CA Public Resources Code § 33828(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 § 33828(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.
(f)CA Public Resources Code § 33828(f) The conservancy may award grant funds to state agencies, local public agencies, tribes, and nonprofit organizations to further the purposes of this division.
(g)CA Public Resources Code § 33828(g) The conservancy may provide advance payment of up to one-half of the total grant award for a project that satisfies both of the following criteria:
(1)CA Public Resources Code § 33828(g)(1) The project proponent is a nonprofit organization or a disadvantaged community, or the
project benefits a disadvantaged community.
(2)CA Public Resources Code § 33828(g)(2) The total grant award for the project is less than one million dollars ($1,000,000).
grantee agreement cost-share requirement local funding feasibility studies repayment of funds excess funds return grant awards nonprofit organizations state agencies local public agencies tribes disadvantaged communities advance payment project urgency financial resources of applicant
Section § 33829
This law allows the conservancy to provide grants and loans to state agencies, local public agencies, tribes, and nonprofit organizations for purposes aligned with the division's goals.
When applying for a grant to buy real estate, an applicant must include in their application the proposed use of the property, how it will be managed, and a financial plan for ongoing costs like operations and maintenance, demonstrating their ability to cover these expenses.
(a)CA Public Resources Code § 33829(a) The conservancy may provide grants and loans to state agencies, local public agencies, tribes, and nonprofit organizations to further the purposes of this division.
(b)CA Public Resources Code § 33829(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 § 33829(b)(1) The intended use of the property.
(2)CA Public Resources Code § 33829(b)(2) The manner in which the land will be managed.
(3)CA Public Resources Code § 33829(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.
conservancy grants loans to state agencies real property acquisition nonprofit funding grant application requirements property management plans financial capacity analysis ongoing maintenance costs tribal grants local public agency funding state agency funding nonprofit organization grants real estate management operations funding land management
Section § 33830
This law allows the conservancy to initiate a lawsuit or be the subject of one. Essentially, it means the conservancy can participate in legal actions, just like any individual or company.
The conservancy may sue and be sued.
conservancy legal ability sue and be sued legal actions initiate a lawsuit subject of lawsuit participate in legal cases legal standing court cases legal rights litigation lawsuit involvement legal processes lawsuit authority judicial proceedings legal capacity
Section § 33831
This law allows the conservancy to buy or acquire property, including access and water rights, from willing sellers or transferors such as state agencies, to fulfill its goals. It can also lease, improve, or transfer these properties as needed.
Before completing restoration or mitigation projects, the conservancy can enter into agreements for property rights, which will be assigned to the conservancy after the Salton Sea Management Program finishes its work.
The process of acquiring property under this section doesn't follow the usual Property Acquisition Law. However, they can ask the State Public Works Board for approval on specific acquisitions or get help from the Department of Water Resources.
(a)CA Public Resources Code § 33831(a) The conservancy may acquire from willing sellers or transferors, including state agencies, interests in real property, including access and water rights, and improve, lease, or transfer interests in real property, in order to carry out the purposes of this division.
(b)CA Public Resources Code § 33831(b) The conservancy may, before the completion of restoration or mitigation projects, enter into easements for property rights to be assigned to the conservancy after completion by the Salton Sea Management Program.
(c)CA Public Resources Code § 33831(c) The acquisition of an interest in real property under this section is not subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the
Government Code). However, the conservancy may request the State Public Works Board to review and approve specific acquisitions. The conservancy may also request assistance in acquiring real property from the Department of Water Resources.
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Section § 33832
This law allows the conservancy to make deals with public agencies, nonprofit organizations, or private companies to build, manage, or take care of facilities that the conservancy is responsible for or has received.
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, or transferred to, the conservancy.
conservancy agreements public agency partnership nonprofit organization collaboration private entity involvement facility construction facility management facility maintenance authorized facilities transferred facilities partnership agreements collaborative management infrastructure projects resource management public-private partnerships nonprofit partnerships
Section § 33833
This law states that the conservancy is not allowed to seize private property through eminent domain, which is the process where the government can take private land for public use, even if the owner doesn't want to sell.
The conservancy shall not exercise the power of eminent domain.
conservancy prohibit eminent domain property seizure land acquisition government property taking public use private property protection land ownership rights restrict government power eminent domain authority property rights conservation prevent forced sale real estate conservation landowner rights property law restrictions
Section § 33834
This law section outlines how the conservancy can raise and manage funds. It can receive money from various sources such as grants, donations, and government agencies. It can also accept fees set by others and manage endowments. All received funds must be put into a fund and used for specific purposes defined in this division.
(a)CA Public Resources Code § 33834(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 § 33834(b) The conservancy may accept fees levied by others.
(c)CA Public Resources Code § 33834(c) The conservancy may create and manage endowments.
(d)CA Public Resources Code § 33834(d) All funds received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division.
fundraising grants donations government funding endowments fees conservancy funding public and private sources financial management fund deposit resource allocation fiscal operations fund management environmental finance
Section § 33835
The conservancy must prepare an annual report by January 1, 2027, and every year after, for the Governor and Legislature. This report will include details on projects, grants, and loans it undertakes or awards. Additionally, it will outline how funds were used, including grants received and funds appropriated in the previous fiscal year. This report helps ensure transparency and accountability in the conservancy's activities.
Notwithstanding Section 10231.5 of the Government Code, on or before January 1, 2027, and annually thereafter, the conservancy shall prepare and submit a report to the Governor and the Legislature, pursuant to Section 9795 of the Government Code, on its implementation of Sections 33812 and 33813, including, but not limited to, all of the following:
(a)CA Public Resources Code § 33835(a) A schedule of projects undertaken by the conservancy and a schedule of grants and loans made by the conservancy.
(b)CA Public Resources Code § 33835(b) A schedule of grants awarded to the conservancy and the disposition of the funds granted.
(c)CA Public Resources Code § 33835(c) The disposition of the funds
appropriated to the conservancy in the fiscal year preceding the year in which the report is made.
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Section § 33836
This law allows the conservancy to spend money and give out grants and loans to develop projects that align with its goals. Additionally, the conservancy can offer expert advice and support to government bodies, nonprofits, and tribal organizations to help them plan and carry out their projects.
(a)CA Public Resources Code § 33836(a) The conservancy may expend funds and award grants and loans to develop projects and programs that are designed to further the purposes of this division.
(b)CA Public Resources Code § 33836(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.
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Section § 33837
This section ensures that nothing in this chapter changes or restricts anyone's existing legal responsibilities or powers, including those of the state. It means everyone must still follow the law as it currently stands, and they have the same authority to fulfill their legal duties.
Nothing in this chapter shall limit or alter any party’s, including the state’s, responsibility under existing law or any party’s authority to carry out any responsibility under existing law.
existing responsibilities legal authority unchanged duties state obligations no alteration of law party responsibilities current law compliance legal duties preservation authority maintenance state's legal role party authority legal responsibilities existing laws state's responsibilities preserving authority
