Chapter 2Land Bank Fund

Section § 8610

Explanation

This California law establishes the Land Bank Fund in the State Treasury, which is used by a commission known as the Land Bank Trustee to carry out specific duties. Part of this fund is earmarked for the Martins Beach Subaccount.

Money from various public or private sources can go into this subaccount specifically to create a public access route to Martins Beach. These funds can pay for buying land or easements, conducting environmental studies, and improving or maintaining the access route. The commission can use up to $1,000,000 from general fund money to support this if needed.

The commission also has the authority to negotiate agreements to acquire the necessary lands. Money from the County of San Mateo can also be used for these purposes, and General Fund contributions must be tracked separately.

(a)CA Public Resources Code § 8610(a) There is in the State Treasury the Land Bank Fund, which fund is hereby created. All moneys in the fund are appropriated to the commission for expenditure, without regard to fiscal years, for the purposes of Section 8625. When performing the powers and duties set forth in this division, the commission shall be known as the Land Bank Trustee.
(b)Copy CA Public Resources Code § 8610(b)
(1)Copy CA Public Resources Code § 8610(b)(1) The Martins Beach Subaccount is hereby created in the fund. Moneys received from public or private sources, including nonprofit sources, to be used for the creation of a public access route to and along the shoreline, including the sandy beach, at Martins Beach at the South Cabrillo Highway pursuant to Section 6213.5 shall be deposited into the subaccount and be continuously appropriated to and expended by the commission to acquire that right-of-way or easement, either in accordance with the procedures set forth in Title 7 (commencing with Section 1230.010) of Part 3 of the Code of Civil Procedure, or through a negotiated agreement, and for costs associated with that acquisition, including, but not limited to, environmental studies, analyses, and assessments, and associated improvements and maintenance costs, in accordance with the following priority:
(A)CA Public Resources Code § 8610(b)(1)(A) Moneys received from public or private sources, including nonprofit sources, that are deposited into the subaccount shall first be expended by the commission for the creation of that public access route, and any associated improvements and maintenance costs.
(B)CA Public Resources Code § 8610(b)(1)(B) The commission may also transfer moneys from the fund to the subaccount, not to exceed a maximum of one million dollars ($1,000,000), and expend those moneys for the creation of that public access route and associated improvements and maintenance costs, after moneys received pursuant to subparagraph (A) have been used.
(2)CA Public Resources Code § 8610(b)(2) The commission may deposit into the subaccount and expend moneys received from the County of San Mateo pursuant to an appropriation by the county for the purposes of this subdivision.
(3)CA Public Resources Code § 8610(b)(3) The commission may, pursuant to Section 6213.5, acquire the right-of-way or easement necessary for the creation of the public access route, as prescribed in paragraph (1). Nothing in this paragraph prevents the commission from acquiring the right-of-way or easement through a negotiated agreement.
(4)CA Public Resources Code § 8610(b)(4) General Fund contributions to the subaccount shall be segregated and separately accounted for.
Land Bank Fund Land Bank Trustee Martins Beach public access route South Cabrillo Highway easement acquisition environmental studies negotiated agreement public or private funding nonprofit sources County of San Mateo improvements and maintenance General Fund contributions segregated accounting shoreline access
(Amended by Stats. 2018, Ch. 51, Sec. 31. (SB 854) Effective June 27, 2018.)

Section § 8611

Explanation

This law section states that the commission is responsible for implementing the rules and policies outlined in this division.

The commission shall be responsible for carrying out the provisions of this division.
commission implementation responsibility rules and policies division provisions carry out execution enforcement oversight compliance assignments obligations duties authority governance
(Added by Stats. 1982, Ch. 1471, Sec. 1.)

Section § 8612

Explanation

This law section allows a trustee to buy real estate or an interest in it to help settle title issues or to assist in meeting requirements for reducing environmental impact related to a project.

The trustee is authorized to acquire real property or any interest in real property for the purposes of facilitating title settlements and, with respect to a project requiring mitigation, to facilitate such mitigation.
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(Added by Stats. 1982, Ch. 1471, Sec. 1.)

Section § 8612.5

Explanation

This law allows a trustee to handle and enhance land to keep it open for the public, support wildlife habitats, and maintain areas where people can visit and enjoy nature.

The trustee is authorized to manage and improve real property for purposes of providing open space, habitat for plants and animals, and public access.
trustee authority manage real property improve land open space wildlife habitat public access land management property enhancement natural areas public enjoyment environmental conservation habitat preservation nature access real estate management trustee responsibilities
(Added by Stats. 1991, Ch. 286, Sec. 1.)

Section § 8613

Explanation

This law section explains how money in a specific fund can be used. The funds can be used to buy interests in certain coastal lands, including those that might be filled or converted to wetlands, if it's beneficial for public purposes. Additionally, money from this fund can be used to manage and improve these lands to provide open spaces, and habitats, and allow public access. Finally, the law allows the funds to be temporarily loaned to the state's General Fund, but they must earn interest, and such loans must not hinder the original purposes of the fund.

(a)CA Public Resources Code § 8613(a) Moneys in the fund shall be available for expenditure by the trustee to purchase outstanding interests in tide and submerged lands whether or not they have been filled, diked, or cut off from tidal waters, lands which have been or may be converted to wetlands, or adjoining or nearby lands where the public use and ownership of the land is necessary or extremely beneficial for furtherance of public trust purposes.
(b)CA Public Resources Code § 8613(b) Moneys deposited in the fund pursuant to subdivision (b) or (c) of Section 8625 shall be available for expenditure by the trustee for management and improvement of real property held by the trustee to provide open space, habitat for plants and animals, and public access.
(c)CA Public Resources Code § 8613(c) Notwithstanding any other law, the Controller may use the moneys in the Land Bank Fund for loans to the General Fund as provided in Sections 16310 and 16381 of the Government Code. However, interest shall be paid on all moneys loaned to the General Fund from the Land Bank Fund. Interest payable shall be computed at a rate determined by the Pooled Money Investment Board to be the current earning rate of the fund from which loaned. This subdivision does not authorize any transfer that will interfere with the carrying out of the object for which the Land Bank Fund was created.
tide and submerged lands wetlands conversion public trust purposes land purchase land management land improvement public access habitat for plants and animals open space Land Bank Fund loans General Fund loans interest on loans Pooled Money Investment Board coastal land acquisition fund usage restrictions
(Amended by Stats. 2009, 3rd Ex. Sess., Ch. 9, Sec. 18. Effective February 20, 2009.)

Section § 8614

Explanation

When acquiring and managing real property, it must align with specific plans and regulations. This includes following the San Francisco Bay Plan, the Suisun Marsh Protection Plan, and any relevant local agency land use plans. These could involve port districts, regional parks, or recreation areas that have authority over the area where the property is located.

The acquisition and subsequent management of the real property shall be consistent with the San Francisco Bay Plan specified in Section 66603 of the Government Code, the Suisun Marsh Protection Plan as defined in Section 29113 of the Public Resources Code, and any land use plan of a local agency, including, but not limited to, a port district, regional park, park and open-space, or open-space district, or recreation and park district, whose jurisdiction includes in whole or in part the acquired real property.
real property management San Francisco Bay Plan Suisun Marsh Protection Plan land use plan local agency port district regional park open-space district recreation district property acquisition jurisdiction government code environmental protection urban planning property regulation
(Added by Stats. 1982, Ch. 1471, Sec. 1.)

Section § 8615

Explanation

This law requires that trustees carry out their duties only during a public meeting that is scheduled and open to the community. These meetings must follow specific regulations that apply to commission meetings. Additionally, trustees have the option to hold their meetings at the same time as commission meetings.

The trustee shall act only at an open, scheduled public meeting, subject to all provisions of Division 6 (commencing with Section 6000) relating to meetings of the commission. The trustee may combine its meetings with the meetings of the commission.
trustee meetings public meeting requirement meeting regulations open meetings scheduled public meeting Division 6 compliance commission meeting overlap trustee duties meeting transparency public access trustee responsibilities meeting combination open government public involvement accountability of trustees
(Added by Stats. 1982, Ch. 1471, Sec. 1.)

Section § 8616

Explanation

This law clarifies that the rules in this division aren't the only ways for the commission to handle title disputes. It means the commission can also use land bank agreements or other methods to resolve or settle these disputes, alongside their existing legal responsibilities and authority.

The provisions of this division are not intended as exclusive, and shall not restrict the commission in otherwise meeting its responsibilities for resolving title disputes in lieu of litigation or in settlement of litigation, in whole or in part, by land bank agreements, or otherwise, or any other responsibilities and jurisdiction the commission may presently have by law.
title disputes commission responsibilities litigation settlement land bank agreements commission jurisdiction dispute resolution legal authority land title alternative dispute methods division provisions
(Added by Stats. 1982, Ch. 1471, Sec. 1.)

Section § 8617

Explanation

This law allows a trustee to accept gifts, which can be either real estate or money, specifically to support the objectives of this division.

The trustee is authorized to accept gifts of real property or money for the purposes of this division.
trustee authority accept gifts real property gifts monetary gifts division purposes real estate donation trustee powers gift acceptance property donation financial gifts division objectives trust administration charitable gifts legal gifts asset acceptance
(Added by Stats. 1982, Ch. 1471, Sec. 1.)

Section § 8618

Explanation

Every year by January 2, the trustee must create and submit a report to the Governor and the Legislature. This report should explain how close they are to meeting their goals, detail property acquisitions, and provide a financial statement of the fund.

The report to the Legislature must follow specific guidelines outlined in Section 9795 of the Government Code.

(a)CA Public Resources Code § 8618(a) On or before January 2 of each year, the trustee shall prepare and submit to the Governor and the Legislature a report describing its progress in achieving the objectives of this division, including the status of property acquisitions and an accounting of the moneys in the fund.
(b)CA Public Resources Code § 8618(b) The report to the Legislature required pursuant to this section shall be prepared in compliance with Section 9795 of the Government Code.
trustee annual report property acquisitions fund accounting Governor report submission Legislature report submission progress reporting financial statement compliance Section 9795 Government Code objective achievement reporting environmental property management resource conservation fund trustee responsibilities January 2 deadline
(Amended by Stats. 2018, Ch. 742, Sec. 14. (SB 1493) Effective January 1, 2019.)