Section § 26400

Explanation

The law creates a special fund called the Energy and Resources Fund, which is part of the State Treasury. This fund is established for managing energy and resource-related finances.

There is in the State Treasury the Energy and Resources Fund, which fund is hereby created.

Section § 26401

Explanation

This law establishes two accounts within California's Energy and Resources Fund: the Energy Account and the Resources Account. Each year, the state budget will divide funds between these accounts.

The funds are intended exclusively for short-term energy projects, not for ongoing programs. The Legislature can use money from the Energy Account only for energy projects they approve.

Funding decisions are made through the annual Budget Bill, giving priority to projects that reduce oil and natural gas usage, are easily transferable statewide by 1990, and are highly feasible.

(a)CA Public Resources Code § 26401(a) Within the Energy and Resources Fund there is hereby created the Energy Account and the Resources Account. The annual budget document shall propose and the annual Budget Bill shall allocate and divide the money in the fund between such accounts.
(b)CA Public Resources Code § 26401(b) It is the intent of the Legislature that funds from the Energy and Resources Fund be used only for short-term projects and not for any ongoing programs.
(c)CA Public Resources Code § 26401(c) Moneys in the Energy Account may be appropriated by the Legislature solely for energy projects and programs deemed appropriate by the Legislature.
(d)CA Public Resources Code § 26401(d) All appropriations from the Energy Account or the Resources Account shall be made by the annual Budget Bill.
(e)CA Public Resources Code § 26401(e) In applying the provisions of this section to the selection of individual energy programs and projects for funding, priority shall be given to those programs and projects which best fulfill all of the following criteria:
(1)CA Public Resources Code § 26401(e)(1) Have the greatest potential for reducing the use of oil and natural gas to produce energy.
(2)CA Public Resources Code § 26401(e)(2) Have the greatest potential for transferability and widespread use throughout the state by the year 1990.
(3)CA Public Resources Code § 26401(e)(3) Have the highest degree of feasibility.

Section § 26403

Explanation

This section of the California Public Resources Code outlines various programs and projects eligible for funding from the Resources Account. These include grants for urban waterfronts, open-space and recreation projects, and coastal access developments. The law also covers wildlife habitat preservation, wetland protection, and reforestation efforts. Additionally, it supports water conservation, watershed management, and soil preservation initiatives. Funding can also be allocated for shoreline erosion control, environmental damage mitigation from gas or oil production, and renewable resource enhancement. Other notable areas include hazardous material safety, geothermal resource assessment, and developing computer systems for resource data management.

Programs and projects eligible for funding from the Resources Account shall be limited to any of the following:
(1)CA Public Resources Code § 26403(1) Appropriations to the State Coastal Conservancy for grants to public and private agencies for the restoration of urban waterfronts, as described in “An Urban Waterfronts Program for California” required by Chapter 1040 of the Statutes of 1981. Appropriations to the conservancy may include, but shall not be limited to, particular projects identified in that report.
(2)CA Public Resources Code § 26403(2) Projects under the Roberti-Z’berg Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620) of Division 5 of the Public Resources Code).
(3)CA Public Resources Code § 26403(3) Appropriations to the State Coastal Conservancy for grants to public and private agencies for acquisition, development, rehabilitation, restoration, operation, and maintenance of real property and facilities which provide public access ways to or along the coast or the shoreline of San Francisco Bay.
(4)CA Public Resources Code § 26403(4) Wetland protection, preservation, restoration, and enchancement projects in accordance with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5 of the Public Resources Code), or, in accordance with provisions governing the State Coastal Conservancy (Division 21 (commencing with Section 31000) of the Public Resources Code).
(5)CA Public Resources Code § 26403(5) Restoration, enhancement, and preservation of wildlife habitat on federal lands pursuant to the Sikes Act (16 U.S.C. Sec. 670a, et seq.).
(6)CA Public Resources Code § 26403(6) Acquisition and development of real property for wildlife management in accordance with the purposes of the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code).
(7)CA Public Resources Code § 26403(7) Reforestation, urban forestry, and forest improvement projects in accordance with the provisions of Part 2.5 (commencing with Section 4790) of Division 4 of the Public Resources Code.
(8)CA Public Resources Code § 26403(8) Water reclamation, watershed management, water conservation, instream use, and drainage management programs approved by the Director of Water Resources or the State Water Resources Control Board.
(9)CA Public Resources Code § 26403(9) Watershed restoration, erosion control, fire hazard reduction, land conservation, and fish and wildlife habitat improvement projects.
(10)CA Public Resources Code § 26403(10) Acquisition, restoration, and preservation of habitat for rare and endangered species.
(11)CA Public Resources Code § 26403(11) Programs for the prevention of soil loss and soil degradation.
(12)CA Public Resources Code § 26403(12) Programs for the preservation and protection of prime agricultural lands.
(13)CA Public Resources Code § 26403(13) Shoreline erosion control projects.
(14)CA Public Resources Code § 26403(14) Mitigation of environmental damage resulting from gas or oil production on state lands.
(15)CA Public Resources Code § 26403(15) Programs to develop a computer-based mapping system to store, refine, analyze, and display resource data.
(16)CA Public Resources Code § 26403(16) Programs for development and enhancement of renewable agricultural resources.
(17)CA Public Resources Code § 26403(17) Programs to safeguard public and environmental health from hazardous materials.
(18)CA Public Resources Code § 26403(18) Programs for geothermal resources assessment.
(19)CA Public Resources Code § 26403(19) Other programs which enhance and conserve renewable and nonrenewable resources.

Section § 26404

Explanation
This law states that the rules outlined in Sections 26401 to 26403 do not apply to money taken from or spent from the Energy and Resources Fund during the 1980-81 fiscal year. However, these rules do start to apply from the 1981-82 fiscal year onwards and will continue to apply each fiscal year after that.
The provisions of Sections 26401 to 26403, inclusive, shall not apply to appropriations and expenditures from the Energy and Resources Fund for fiscal year 1980–81. Such provisions shall apply beginning with fiscal year 1981–82 and for each fiscal year thereafter.

Section § 26406

Explanation

This law allows the Director of Finance to invest or reinvest extra money from the Energy and Resources Fund in certain government-approved securities. If needed, these securities can be sold or exchanged if it's beneficial for the state. Any profits from these investments will go back into the Energy and Resources Fund.

The Director of Finance shall cause all moneys in the Energy and Resources Fund which are in excess of current requirements to be invested and reinvested from time to time in securities described in Section 16430 of the Government Code, and such securities may be sold or exchanged if in his opinion such sale or exchange is in the best interests of the state in effectuating the purposes of this chapter. All income derived from such investment, reinvestment, sale, or exchange shall be credited to the Energy and Resources Fund.