Section § 21190

Explanation

This law section establishes the California Environmental Protection Program, which focuses on preserving and protecting California’s environment. The program is funded by revenues from environmental license plates issued by the Department of Motor Vehicles. These funds must be spent on specific environmental projects and programs that benefit residents of California, such as air pollution control, natural area preservation, environmental education, and protection of wildlife and their habitats.

Other eligible activities include acquiring land for parks, reducing soil erosion, and researching climate change impacts. The law ensures that funds are utilized solely for these purposes, creating an obligation for the state to honor the intent of the license plate purchasers.

There is in this state the California Environmental Protection Program, which shall be concerned with the preservation and protection of California’s environment. In this connection, the Legislature hereby finds and declares that, since the inception of the program pursuant to the Marks-Badham Environmental Protection and Research Act, the Department of Motor Vehicles has, in the course of issuing environmental license plates, consistently informed potential purchasers of those plates, by means of a detailed brochure, of the manner in which the program functions, the particular purposes for which revenues from the issuance of those plates can lawfully be expended, and examples of particular projects and programs that have been financed by those revenues. Therefore, because of this representation by the Department of Motor Vehicles, purchasers expect and rely that the moneys paid by them will be expended only for those particular purposes, which results in an obligation on the part of the state to expend the revenues only for those particular purposes.
Accordingly, all funds expended pursuant to this division shall be used only to support identifiable projects and programs of state agencies, cities, cities and counties, counties, districts, the University of California, private nonprofit environmental and land acquisition organizations, and private research organizations that have a clearly defined benefit to the people of the State of California and that have one or more of the following purposes:
(a)CA Public Resources Code § 21190(a) The control and abatement of air pollution, including all phases of research into the sources, dynamics, and effects of environmental pollutants.
(b)CA Public Resources Code § 21190(b) The acquisition, preservation, restoration, or any combination thereof, of natural areas or ecological reserves.
(c)CA Public Resources Code § 21190(c) Environmental education, including formal school programs and informal public education programs. The State Department of Education may administer moneys appropriated for these programs, but shall distribute not less than 90 percent of moneys appropriated for the purposes of this subdivision to fund environmental education programs of school districts, other local schools, state agencies other than the State Department of Education, and community organizations. Not more than 10 percent of the moneys appropriated for environmental education may be used for State Department of Education programs or defraying administrative costs.
(d)CA Public Resources Code § 21190(d) Protection of nongame species and threatened and endangered plants and animals.
(e)CA Public Resources Code § 21190(e) Protection, enhancement, and restoration of fish and wildlife habitat and related water quality, including review of the potential impact of development activities and land use changes on that habitat.
(f)CA Public Resources Code § 21190(f) The purchase, on an opportunity basis, of real property consisting of sensitive natural areas for the state park system and for local and regional parks, and deferred maintenance projects at state parks.
(g)CA Public Resources Code § 21190(g) Reduction or minimization of the effects of soil erosion and the discharge of sediment into the waters of the Lake Tahoe region, including the restoration of disturbed wetlands and stream environment zones, through projects by the California Tahoe Conservancy and grants to local public agencies, state agencies, federal agencies, and nonprofit organizations.
(h)CA Public Resources Code § 21190(h) Scientific research on the risks to California’s natural resources and communities caused by the impacts of climate change.

Section § 21190.5

Explanation

This law states that money from the California Environmental License Plate Fund can be used to support activities under the California Ocean Protection Act if approved by the Legislature. This is only possible if the California Ocean Protection Act was enacted during the 2003–04 legislative session.

(a)CA Public Resources Code § 21190.5(a) In addition to, and in furtherance of, the purposes specified in subdivisions (a), (b), (d), and (e) of Section 21190, money in the California Environmental License Plate Fund may be expended, upon appropriation by the Legislature, pursuant to the California Ocean Protection Act (Division 26.5 (commencing with Section 35500)).
(b)CA Public Resources Code § 21190.5(b) This section shall become operative only if the California Ocean Protection Act is enacted during the 2003–04 Regular Session.

Section § 21191

Explanation

This law creates the California Environmental License Plate Fund and outlines how money from environmental license plate fees should be managed. It sets fees at $53 for new plates and $43 for renewal. Some funds cover DMV costs related to these plates, while revenue from prisoner of war plates goes to veterans' homes after covering DMV expenses. The remaining funds are used for environmental projects specified in another section. Commemorative Olympic plates have their funds reserved for building projects. Each year, detailed budget proposals for these environmental programs must be included in the Governor’s Budget and only projects endorsed by the Secretary of the Natural Resources Agency are to be recommended for funding.

This section became effective on July 1, 2017.

(a)CA Public Resources Code § 21191(a) The California Environmental License Plate Fund is hereby created in the State Treasury, and consists of the moneys deposited in the fund pursuant to any law. The annual fee for environmental license plates is fifty-three dollars ($53) for the issuance or forty-three dollars ($43) for the renewal of the plates.
(b)CA Public Resources Code § 21191(b) The Controller shall transfer from the California Environmental License Plate Fund to the Motor Vehicle Account in the State Transportation Fund the amount appropriated by the Legislature for the reimbursement of costs incurred by the Department of Motor Vehicles in performing its duties pursuant to Sections 5004, 5004.5, and 5022 and Article 8.5 (commencing with Section 5100) of Chapter 1 of Division 3 of the Vehicle Code. The reimbursement from the California Environmental License Plate Fund shall only include those additional costs that are directly attributable to any additional duties or special handling necessary for the issuance, renewal, or retention of the environmental license plates.
(c)CA Public Resources Code § 21191(c) The Controller shall transfer to the post fund of the Veterans’ Home of California, established pursuant to Section 1047 of the Military and Veterans Code, all revenue derived from the issuance of prisoner of war special license plates pursuant to Section 5101.5 of the Vehicle Code less the administrative costs of the Department of Motor Vehicles incurred in issuing and renewing those plates.
(d)CA Public Resources Code § 21191(d) The Director of Motor Vehicles shall certify the amounts of the administrative costs of the Department of Motor Vehicles in subdivision (c) to the Controller.
(e)CA Public Resources Code § 21191(e) The balance of the moneys in the California Environmental License Plate Fund shall be available for expenditure only for the exclusive trust purposes specified in Section 21190, upon appropriation by the Legislature. However, all moneys derived from the issuance of commemorative 1984 Olympic reflectorized license plates in the California Environmental License Plate Fund shall be used only for capital outlay purposes.
(f)CA Public Resources Code § 21191(f) All proposed appropriations for the California Environmental Protection Program shall be summarized in a section in the Governor’s Budget for each fiscal year and shall bear the caption “California Environmental Protection Program.” The section shall contain a separate description of each project for which an appropriation is made. Each of these appropriations shall be made to the department performing the project and accounted for separately.
(g)CA Public Resources Code § 21191(g) The budget the Governor presents to the Legislature pursuant to subdivision (a) of Section 12 of Article IV of the California Constitution shall include, as proposed appropriations for the California Environmental Protection Program, only projects and programs recommended for funding by the Secretary of the Natural Resources Agency pursuant to subdivision (a) of Section 21193. The Secretary of the Natural Resources Agency shall consult with the Secretary for Environmental Protection before making any recommendations to fund projects pursuant to subdivision (a) of Section 21190.
(h)CA Public Resources Code § 21191(h) This section shall become operative on July 1, 2017.

Section § 21192

Explanation

This law explains that the funds mentioned in a specific part of Section 21191 can be used in ways that enable the state to meet requirements for getting additional funding from various sources. These additional funds must be used to fulfill the goals of this division of the law.

The funds provided for in subdivision (c) of Section 21191 may be used in a manner which will allow the state to qualify for any funds which may be available from any source for the purpose of carrying out the provisions of this division.

Section § 21193

Explanation

This law outlines the process for managing and funding environmental projects in California. The Secretary of the Resources Agency is responsible for managing the program. Each year by November 1st, the Secretary must recommend projects for funding to the Governor, detailing their purpose and benefits. The Governor's Budget must show these projects and their expected benefits.

(a)CA Public Resources Code § 21193(a) The program established by this division shall be administered by the Secretary of the Resources Agency.
(b)CA Public Resources Code § 21193(b) On or before November 1 of each year, the secretary shall forward those projects and programs recommended for funding to the Governor for inclusion in the Governor’s Budget, together with a statement of the purpose of each project and program, the benefits to be realized, and the secretary’s comments thereon.
(c)CA Public Resources Code § 21193(c) The section of the Governor’s Budget for the California Environmental Protection Program shall include a display of expenditures that includes a statement of the purpose and benefits to be realized for each project or program proposed for funding.

Section § 21193.5

Explanation

Every three years, starting with the 2006-07 fiscal year, the Secretary of the Resources Agency must report to the Governor and Legislature on the appropriateness of different funds used for projects or programs. This includes analyzing how funds from the California Environmental License Plate Fund and other sources match the benefits provided by each project or program.

Concurrently with the submittal of the Governor’s Budget for the 2006–07 fiscal year and every third fiscal year thereafter, the Secretary of the Resources Agency shall report to the Governor and the Legislature on how the particular mix of funding sources, from the California Environmental License Plate Fund and other funds, is appropriate for each project or program in relationship to the benefits realized from the project or program.

Section § 21194

Explanation

This law allows funds from the California Environmental License Plate Fund, meant for building a visitor center at Buena Vista Lagoon, to be used to pay back the City of Oceanside if they have already spent money on the construction.

Notwithstanding any other provision of law, any funds appropriated from the California Environmental License Plate Fund for the construction of a visitor center at Buena Vista Lagoon may be used to reimburse the City of Oceanside for any funds that the city has advanced for that project construction.