Every proposed activity or project to be financed pursuant to this division shall be in compliance with the California Environmental Quality Act, Division 13 (commencing with Section 21000).
Chapter 10Miscellaneous Provisions
Section § 75070
If you're planning to fund any activity or project under this division, it must meet the requirements of the California Environmental Quality Act (CEQA). This means your project needs to be environmentally reviewed according to CEQA's standards, starting from Section 21000.
California Environmental Quality Act CEQA compliance environmental review Section 21000 project funding requirements environmental standards proposed activities division compliance environmental regulations financing conditions Section 75070 CEQA guidelines environmental law activity approval process project assessment
Section § 75070.4
The law states that when the government is acquiring real estate under certain chapters, they must buy it from people who are willing to sell.
Acquisitions of real property pursuant to Chapters 5, 6, 7, 8, and 9 shall be from willing sellers.
real estate purchase willing sellers property acquisition government purchase real property acquisition voluntary sale land purchase property transactions government acquisition consensual sale real estate transactions land acquisition seller consent property sale agreement
Section § 75070.5
This law states that no more than 5% of the budget for any program in this division can be used to cover administrative costs.
Not more than 5% of the funds allocated to any program in this division may be used to pay the costs incurred in the administration of that program.
program budget administrative costs funding allocation spending limit financial management program expenses cost control budget restriction administrative expense cap program funding budgeting rules financial oversight
Section § 75071
This law section outlines how the Department of Parks and Recreation, the board, and the State Coastal Conservancy should prioritize certain types of projects that focus on acquiring or restoring land for natural resource protection.
Priority is given to projects that create connections between existing protected areas, enhance watershed protection, support large areas of under-protected habitats, link major biological regions, or have additional financial or volunteer support from non-state sources.
Before approving an acquisition project with state funding, agencies must explain and document how the project meets these criteria, and this explanation must be shared with the Resources Agency and made public on the agency's website at least 14 days prior to approval.
In evaluating potential projects that include acquisition or restoration for the purpose of natural resource protection, the Department of Parks and Recreation, the board, and the State Coastal Conservancy shall give priority to projects that demonstrate one or more of the following characteristics:
(a)CA Public Resources Code § 75071(a) Landscape/Habitat Linkages: properties that link to, or contribute to linking, existing protected areas with other large blocks of protected habitat. Linkages must serve to connect existing protected areas, facilitate wildlife movement or botanical transfer, and result in sustainable combined acreage.
(b)CA Public Resources Code § 75071(b) Watershed Protection: projects that contribute to long-term protection of and improvement to the water and biological quality of the streams, aquifers, and terrestrial resources of priority watersheds of the major biological regions of the state as identified by the Resources Agency.
(c)CA Public Resources Code § 75071(c) Properties that support relatively large areas of under-protected major habitat types.
(d)CA Public Resources Code § 75071(d) Properties that provide habitat linkages between two or more major biological regions of the state.
(e)CA Public Resources Code § 75071(e) Properties for which there is a non-state matching contribution toward the acquisition, restoration, stewardship or management costs. Matching contributions can be either monetary or in the form of services, including volunteer services.
(f)CA Public Resources Code § 75071(f) At least fourteen days before approving an acquisition project funded by this division, an agency subject to this section shall submit to the Resources Agency and post on its website an explanation as to whether and how the proposed acquisition meets criteria established in this section.
natural resource protection landscape linkages habitat connections watershed protection wildlife movement botanical transfer protected areas biological regions non-state matching contribution acquisition projects restoration projects stewardship costs volunteer services project funding criteria resource prioritization
Section § 75071.5
This law section mandates collaboration between California's Department of Parks and Recreation, the board, the State Coastal Conservancy, and the U.S. Department of Defense. They are to work together on developing buffer zones around military facilities that support the facilities' operation while also aligning with the state's conservation and recreation goals. Funding may be provided for projects that fulfill these objectives, as long as they are consistent with the relevant laws.
The Department of Parks and Recreation, the board, and the State Coastal Conservancy shall work with the United States Department of Defense to coordinate the development of buffer areas around military facilities that facilitate the continued operation of those facilities and promote the conservation and recreation goals of the state. To the extent consistent with this division, agencies may provide funding to support projects that meet the purposes of this section.
buffer zones military facilities conservation goals recreation goals California Department of Parks and Recreation State Coastal Conservancy United States Department of Defense cooperation project funding coordinated development military operational support environmental conservation recreational spaces agency collaboration state-military partnership
Section § 75072
This law section allows up to 10 percent of the funds from each division-funded program to be used for planning and monitoring tasks necessary to effectively design, select, and implement the approved projects. It ensures that these funds do not limit resources typically used for preliminary plans, working drawings, and construction as outlined in the Annual Budget Act for capital and grant projects. Additionally, water quality monitoring must be incorporated into the state's Surface Water Ambient Monitoring Program.
Up to 10 percent of funds allocated for each program funded by this division may be used to finance planning and monitoring necessary for the successful design, selection, and implementation of the projects authorized under that program. This provision shall not otherwise restrict funds ordinarily used by an agency for “preliminary plans,” “working drawings,” and “construction” as defined in the Annual Budget Act for a capital outlay project or grant project. Water quality monitoring shall be integrated into the Surface Water Ambient Monitoring Program administered by the state board.
fund allocation planning and monitoring program-funded projects project implementation capital outlay projects grant projects Annual Budget Act preliminary plans working drawings construction water quality monitoring Surface Water Ambient Monitoring Program state board administration project design project selection
Section § 75072.5
This law section defines what "Monterey Bay and its watersheds" includes for the purposes of another law. It covers the watersheds of rivers and streams in Santa Cruz and Monterey Counties that flow into Monterey Bay, as far south as the Carmel River watershed.
For the purposes of Section 75060 (e), “Monterey Bay and its watersheds” shall be considered to be watersheds of those rivers and streams in Santa Cruz and Monterey Counties flowing to the Monterey Bay southward to, and including, the Carmel River watershed.
Monterey Bay watersheds Santa Cruz County rivers Monterey County streams Carmel River watershed watershed definition Monterey Bay rivers Section 75060(e) streamflow into Monterey Bay Santa Cruz streams rivers flowing to Monterey Bay Monterey watersheds environmental geography river ecosystem coastal watersheds watershed region definition
Section § 75072.6
This law defines the term "San Diego Bay and adjacent watersheds" to mean the watersheds along the coast and bay areas located within San Diego County.
For purposes of Section 75060 (f), “San Diego Bay and adjacent watersheds” includes the coastal and bay watersheds within San Diego County.
San Diego Bay adjacent watersheds coastal watersheds bay watersheds San Diego County geographic definition environmental law watershed management Section 75060(f) regional area definition
Section § 75072.7
This law defines the geographical area of the "Santa Monica Bay and watershed" for a specific purpose. It includes the coastal and bay watersheds located in Ventura and Los Angeles Counties, from Calleguas Creek down to the San Gabriel River.
For purposes of Section 75060 (d), “Santa Monica Bay and watershed” includes the coastal and bay watersheds in Ventura and Los Angeles Counties from Calleguas Creek southward to the San Gabriel River.
Santa Monica Bay watershed boundaries Ventura County Los Angeles County Calleguas Creek San Gabriel River coastal watersheds bay watersheds geographical definition environmental jurisdiction regional waterways water resource management local watersheds Section 75060(d) California water regions
Section § 75073
The law allows funds from specific chapters that are not allocated for competitive grant programs to be used to reimburse the General Fund. This reimbursement is related to activities under the Natural Heritage Preservation Tax Credit Act of 2000.
Funds scheduled in Chapter 5, 6, 7 and 8 of this division that are not designated for competitive grant programs may also be used for the purposes of reimbursing the General Fund, pursuant to the Natural Heritage Preservation Tax Credit Act of 2000 (Division 28 (commencing with Section 37000)).
General Fund reimbursement non-competitive grant funds Natural Heritage Preservation Tax Credit Act Chapter 5 funds Chapter 6 funds Chapter 7 funds Chapter 8 funds tax credit reimbursement heritage preservation fund allocation California state funding environmental funding natural heritage conservation funds not designated conservation financing
Section § 75074
This law states that when a project or program is funded under certain chapters, the funds can be used as fully as allowed by the specific laws that control the program or conservancy getting the funds.
In enacting Chapters 5, 6, 7 and 8 of this division it is the intent of the people that when a project or program is funded herein, funds for such program or project may be used to the full extent authorized by the statute governing the program or conservancy receiving such funds.
project funding program funding use of funds statute authorization conservancy funding program governance fund allocation financial authorization funded projects funding extent program statutes funding regulations conservation funding government funding usage authorized funding
Section § 75075
Any organization giving out contracts for public works projects funded by this division must create and implement a labor compliance program or hire someone else to do it. This program is based on specific rules outlined in another law, Labor Code Section 1771.5.
The body awarding any contract for a public works project financed in any part from funds made available pursuant to this division shall adopt and enforce, or contract with a third party to enforce, a labor compliance program pursuant to subdivision (b) of Labor Code Section 1771.5 for application to that public works project.
public works project contract awarding labor compliance program enforcement Labor Code Section 1771.5 third party enforcement funding project compliance labor laws project management contractual obligations compliance procedures state funding requirements construction contracts worker protections
Section § 75076
This section states that certain government procedures related to developing and adopting program guidelines and selection criteria do not need to follow the rules outlined in a specific part of the Government Code.
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of program guidelines and selection criteria adopted pursuant to this division.
program guidelines development selection criteria adoption exemption from Government Code Chapter 3.5 exceptions regulatory procedures program development rules government procedural exceptions guideline adoption process criteria selection process Title 2 exemptions Division 3 processes Part 1 regulations Government Code Section 11340 administrative procedure exemption California program criteria
Section § 75077
This law section clarifies that any funds given under this particular division are not considered a transfer of funds according to certain rules in the Fish and Game Code. In simple terms, this means that these funds are treated differently and aren't subject to the same rules as other transfers might be under that specific code section.
Funds provided pursuant to this division, and any appropriation or transfer of those funds, shall not be deemed to be a transfer of funds for the purposes of Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Game Code.
funds transfer Fish and Game Code funds appropriation transfer rules division funds Chapter 9 exemption fund allocation Section 2780 financial transfer exception non-transfer designation funds classification division-specific funds appropriation exception environmental regulations financial provisions
Section § 75078
The Secretary must have an independent audit of spending under this division to make sure the money is used correctly. The Secretary also has to publish a list of all program and project spending at least once a year. This list must be available in both written and electronic forms on the Resources Agency's website.
The Secretary shall provide for an independent audit of expenditures pursuant to this division to ensure that all moneys are expended in accordance with the requirements of this division. The secretary shall publish a list of all program and project expenditures pursuant to this division not less than annually, in written form, and shall post an electronic form of the list on the Resources Agency’s Internet Website.
independent audit expenditures program spending project expenditures Resources Agency website publication of expenditures annual list division requirements spending transparency audit compliance budget oversight fiscal accountability
Section § 75079
This law requires the Secretary to appoint a citizen advisory committee. The committee's job is to review an annual audit and suggest actions to make sure that the agencies in charge are properly following the goals and purposes of the division.
The Secretary shall appoint a citizen advisory committee to review the annual audit and to identify and recommend actions to ensure that the intent and purposes of this division are met by the agencies responsible for implementation of this division.
citizen advisory committee annual audit review recommend actions implementation oversight intent and purposes agency accountability Secretary's appointment division goals audit evaluation responsible agencies committee recommendations public involvement government accountability audit compliance purpose fulfillment
