Section § 600

Explanation

This section defines the terms used in the chapter. 'Department' refers to the Department of Conservation, and 'director' refers to the Director of Conservation.

As used in this chapter, “department” means the Department of Conservation and “director” means the Director of Conservation.

Section § 601

Explanation

The Department of Conservation is part of California's Resources Agency. It is led by the Director of Conservation, who is chosen by the Governor and serves at the Governor's discretion. The Director's salary is set according to a specific section of the state's Government Code. The Senate must approve the Governor's choice for this position.

There is in the Resources Agency the Department of Conservation. The department shall be conducted under the control of an executive officer known as the Director of Conservation. The director shall be appointed by and hold office at the pleasure of the Governor and shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The appointment of the director shall be subject to confirmation by the Senate.

Section § 603

Explanation

This law states that the Department of Conservation now carries all the duties and powers that were previously the responsibility of certain divisions (Forestry, Mines and Geology, Oil and Gas, and Soil Conservation) under the Department of Natural Resources. Basically, any mention of the Department of Natural Resources related to these areas should now be understood as referring to the Department of Conservation.

The department succeeds to and is vested with all of the duties, powers, purposes, responsibilities, and jurisdiction vested in the Department of Natural Resources or the Director of Natural Resources and exercised by the following divisions of the Department of Natural Resources: Forestry; Mines and Geology; Oil and Gas; and Soil Conservation.
Wherever any reference is made to the Department of Natural Resources or to the Director of Natural Resources pertaining to a duty, power, purpose, responsibility, or jurisdiction transferred to the Department of Conservation by this section, it shall be deemed to be a reference to, and to mean, the Department of Conservation or to the Director of Conservation, as the case may be.

Section § 603.1

Explanation

This law states that the director holds all the responsibilities and authority of the State Geologist as the head of the California Geological Survey. The director can also appoint an assistant or deputy director to handle specific duties and powers they choose to delegate.

The director is hereby vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Geologist as Chief of the California Geological Survey of the department. The director may appoint an assistant or deputy director to exercise any powers and duties in the administration of the California Geological Survey that the director may delegate to that person.

Section § 604

Explanation

This section allows a department to use money from state-approved funds or special funds in the State Treasury for its administrative responsibilities. It can also use these funds for supporting or maintaining any entity whose duties have been assigned to the department. All spending must comply with legal guidelines and align with the intended purposes of the funding.

The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office or officer whose duties, powers, and functions have been transferred to and conferred upon the department. Such expenditures by the department shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created.

Section § 605

Explanation

This section states that the department is responsible for managing and controlling all assets like records, equipment, money, and property that were previously used by other offices and officers whose responsibilities have been handed over to the department.

The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, held for the benefit or use of all bodies, offices, and officers whose duties, powers, and functions have been transferred to and conferred upon the department.

Section § 606

Explanation

This law allows the director, within the framework of civil service rules, to hire deputies, officers, and employees as needed. It refers to another part of the Government Code for additional rules that apply to the director.

The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director may appoint, in accordance with civil service, such deputies, officers, and other employees as may be necessary.

Section § 607

Explanation

This law section outlines the organization of a certain department into specific divisions. It includes the California Geological Survey, Geologic Energy Management Division (which was previously known as the Division of Oil, Gas, and Geothermal Resources), Division of Land Resource Protection, and Division of Mine Reclamation.

The work of the department shall be divided into at least the following:
(a)CA Public Resources Code § 607(a) California Geological Survey.
(b)Copy CA Public Resources Code § 607(b)
(1)Copy CA Public Resources Code § 607(b)(1) Geologic Energy Management Division.
(2)CA Public Resources Code § 607(b)(2) Any reference in any law or regulation to the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation is deemed to, instead, refer to the Geologic Energy Management Division.
(c)CA Public Resources Code § 607(c) Division of Land Resource Protection.
(d)CA Public Resources Code § 607(d) Division of Mine Reclamation.

Section § 608

Explanation

This law allows the director of a department to accept federal grants, with approval from the Finance Director. The grants are meant for the department's specific purposes and are deposited into a Special Deposit Fund in the State Treasury. These funds must be used according to federal government requirements.

The director, with approval of the Director of Finance, may accept on behalf of the various divisions of the department federal grants for the purposes for which the department is established. Such grants shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government.

Section § 609

Explanation

If the department mistakenly deposits too much money or receives funds in error, or if money should be refunded due to an agreement ending or another valid reason, the director needs to file a claim to get the refund paid. The State Controller is then responsible for issuing a payment from the funds set aside for this purpose.

Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or whenever a refund of all or a portion of such money is due any person, firm, or corporation because of the termination of an agreement or other lawful reason, payment of such refund shall be made upon the filing of a claim by the director with the State Controller. The State Controller shall draw his warrant for payment of the refund from any appropriation made for that purpose.

Section § 610

Explanation

This law allows a department to share information about its activities through publications or exhibits if the director thinks it will help spread the word. These publications can be given out for free to public libraries and other state departments. They can also swap copies with similar publications. However, any money made from selling these publications goes into the State Treasury, except for money made by separate divisions of the department.

For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department may issue publications, construct and maintain exhibits, and perform acts and carry on functions, as in the opinion of the director, will best tend to disseminate the information.
These publications may be distributed free of charge to public libraries and to other state departments and state officers. The department may exchange copies with contemporary publications.
All money received by the department from the sale of publications, exclusive of money received by any separate division of the department from the sale of publications, shall be paid into the State Treasury to the credit of the General Fund.

Section § 611

Explanation

This section states that from January 1, 1980, certain California departments and officials cannot adopt or publish new building standards unless specific exceptions in state laws are noted. Any building standards created in violation of this rule will not be valid. However, building standards set before that date will remain in place until either they are updated, replaced, or until January 1, 1985, whichever comes first.

Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, on and after January 1, 1980, the department, director, the State Geologist, the State Mining and Geology Board, or the California Geological Survey shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.

Section § 612

Explanation

This law requires the department to make and keep up-to-date maps and a database of important farmland and soil information. It also includes recording any changes in how agricultural lands are used.

The department shall prepare, update, and maintain Important Farmland Series maps as defined in subdivision (f) of Section 65560 of the Government Code and other soils and land capability information, and prepare and maintain an automated map and data base system to record and report changes in the use of agricultural lands.

Section § 612.5

Explanation

This law highlights the importance of having an up-to-date inventory of California's soil resources because existing information is outdated or incomplete. Accurate soil data is vital for agricultural management, conservation, engineering, land use planning, and policy-making. The law notes that California has not financially supported modern soil surveys on cropland, unlike other states that have worked with the U.S. Soil Conservation Service.

To remedy this, the law instructs the state to fund soil surveys in specific counties to support activities like soil mapping and report writing. When allocating funds, several factors are considered, such as gaps in farmland maps, changes in land use, soil problems like erosion, and local agricultural productivity.

(a)CA Public Resources Code § 612.5(a) The Legislature hereby finds and declares all of the following:
(1)CA Public Resources Code § 612.5(a)(1) It is in the state’s public interest to have an accurate inventory of the state’s soil resources.
(2)CA Public Resources Code § 612.5(a)(2) In California, the United States Soil Conservation Service has been responsible for undertaking soil surveys and soils information for many of California’s agricultural counties is outdated or unavailable.
(3)CA Public Resources Code § 612.5(a)(3) Information on soils is needed for agricultural management, water and soil conservation activities, engineering and land use planning, and state and local policy decisions. Completion of the California Farmland Mapping and Monitoring Program is contingent upon availability of accurate, modern soil surveys.
(4)CA Public Resources Code § 612.5(a)(4) State funding of soil surveys has been limited to soil vegetation surveys on wildlands and no state contributions have been made toward the completion of modern soil surveys in California on cropland. In recent years, every state with incomplete soil surveys on farmland, except California, has cost-shared with the United States Soil Conservation Service to complete those surveys.
(5)CA Public Resources Code § 612.5(a)(5) Federal funding for the soil survey program of the United States Soil Conservation Service has been declining in real dollars in the past several years and is projected to be further reduced under the requirements of the Gramm-Rudman-Hollings Deficit Reduction Act.
(6)CA Public Resources Code § 612.5(a)(6) Therefore, it is in California’s interest to authorize the department to assist the United States Soil Conservation Service with the completion of soil surveys.
(b)CA Public Resources Code § 612.5(b) The department shall provide financial assistance to the United States Soil Conservation Service to undertake or complete soil surveys in areas of this state where the surveys have not been completed, including, but not limited to, portions of the Counties of San Joaquin, Yuba, Colusa, Butte, Fresno, Kern, Tulare, Stanislaus, and Lassen. Financial assistance shall be applied to field work that includes onsite soils mapping, report writing, manuscript preparation, and final correlation of soils data.
(c)CA Public Resources Code § 612.5(c) In allocating funds for completion of soil surveys in the United States Soil Conservation Service soil survey areas in California, the department shall consider criteria that include, but are not limited to, all of the following:
(1)CA Public Resources Code § 612.5(c)(1) Voids in important farmland maps.
(2)CA Public Resources Code § 612.5(c)(2) Rate and type of land use changes.
(3)CA Public Resources Code § 612.5(c)(3) Extent of erosion, alkalinity, and other soil resource problems.
(4)CA Public Resources Code § 612.5(c)(4) Farm-gate value of agricultural production.
(5)CA Public Resources Code § 612.5(c)(5) Specific soil-related problems.
(6)CA Public Resources Code § 612.5(c)(6) Status of ongoing soil surveys.
(7)CA Public Resources Code § 612.5(c)(7) Extent of cropland in each county.
(8)CA Public Resources Code § 612.5(c)(8) Availability of local funding or other support.

Section § 613

Explanation

This law allows the department to support local agencies in creating and accessing natural resource data systems, as long as their budget allows. Local agencies can get help obtaining this information from state sources, but they must pay back the department for any related expenses.

The department, through the California Resources Information System and as budgetary resources permit, may provide informational assistance to local agencies in the development of geobased natural resource information systems. In addition, the department may assist local agencies in securing geobased natural resource information from state agencies.
Local agencies requesting assistance shall reimburse the department for identifiable costs incurred by the department pursuant to this section.

Section § 614

Explanation

This law gives the department the authority to provide advice on conservation issues to various government and public entities. It can review and comment on environmental documents, manage local assistance programs like grants, and act as a liaison with resource conservation districts. The department also offers various forms of support to these districts, including technology, training, and financial aid. Additionally, it works to coordinate conservation activities across different government levels and tribes.

The department may do any of the following:
(a)CA Public Resources Code § 614(a) Advise a city, county, city and county, special district, including a resource conservation district, state agency, federal agency, tribal agency, and the general public on issues of conservation importance, including, but not limited to, planning activities and documents.
(b)CA Public Resources Code § 614(b) Review and provide comments to documents prepared in accordance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(c)CA Public Resources Code § 614(c) Administer local assistance programs, including grants and contracts.
(d)CA Public Resources Code § 614(d) Serve as a state-level liaison with resource conservation districts.
(e)CA Public Resources Code § 614(e) Provide assistance to resource conservation districts, including, but not limited to, equipment, technology, training, education, technical assistance, financial assistance, assistance to support or improve the district’s organization or capacity, and any other goods or services.
(f)CA Public Resources Code § 614(f) Cooperate with and promote coordination of the activities of any federal, state, local, or tribal agency, including cities, counties, special districts, including resource conservation districts, and California Native American tribes on issues of conservation importance.

Section § 615

Explanation

This law says that certain grants given out by the department, which include those related to specific divisions in the Public Resources Code, are not required to follow the rules set out by the State Contract Act or specific parts of the Military and Veterans Code. Essentially, these grants have exceptions when it comes to usual state contracting regulations.

Grants administered by the department, including, but not limited to, those awarded pursuant to Division 9 (commencing with Section 9001), Division 10.2 (commencing with Section 10200), and Division 12.1 (commencing with Section 14500), are not subject to the State Contract Act (Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code) or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.

Section § 617

Explanation

This law section states that when the California Legislature allocates funds, or if other funds become available, the department can offer grants and other types of financial assistance to resource conservation districts.

Upon an appropriation by the Legislature, or as other funds become available and are appropriated for these purposes, the department may provide grants and other forms of local assistance to resource conservation districts.