Sacramento-san Joaquin Delta ConservancyPowers, Duties, and Limitations
Section § 32360
This law outlines the role and funding of the Sacramento-San Joaquin Delta Conservancy. It explains that the conservancy's activities are restricted to the Delta and Suisun Marsh, with funding held in a special state treasury fund for specific purposes. Funds are allocated for projects that restore and enhance ecosystems in line with the conservancy's strategic plan. Additionally, there is a provision for a separate program dedicated to supporting the Delta's economic sustainability, guided by a specific plan. All funds for ecosystem restoration must only be used for those purposes, following a particular conservation plan.
Section § 32360.5
This section outlines conditions under which the conservancy can take or fund actions outside the Delta and Suisun Marsh to support the Delta Plan. The conservancy must ensure the project aligns with the ecosystem goals of the Delta Plan, complies with relevant permits, and has consulted with local jurisdictions, the Delta Protection Commission, and any state conservancy where the project is proposed. Additionally, the project must provide significant benefits to the Delta.
Section § 32362
This section allows the conservancy to form partnerships with nonprofit groups, local government agencies, and landowners. These partnerships are aimed at collaborating on projects or initiatives that align with the conservancy's goals.
Section § 32363
This law requires the conservancy to work with local governments, such as cities or counties, when planning to spend a grant or acquire real estate. It also mandates coordination with other state agencies, especially with the oversight of the Secretary of the Natural Resources Agency. Additionally, the conservancy needs to collaborate with public entities like water systems or flood control agencies that own relevant facilities or lands where the grant money will be used or property acquired.
Section § 32364
This law explains how the conservancy can manage grants. The conservancy can set specific terms for any grant agreement and can require local funding contributions, though they might waive this requirement based on various factors like available funds or project urgency. They are also allowed to fund studies and seek repayment of granted funds as needed. Any excess funds must be returned to the conservancy for future use.
Section § 32364.5
This law allows the conservancy to give grants and provide loans to state and local public agencies and nonprofit organizations to support its goals.
If an entity wants a grant to buy property, their application must include the property's intended use, how it will be managed, how ongoing costs will be covered, and if applicable, how they will cover payments usually owed to local government, such as taxes or assessments.
Section § 32365
This law means that the conservancy has the legal ability to file lawsuits or have lawsuits filed against it.
Section § 32366
The conservancy can buy, sell, or lease land from people who want to make a deal. They do this to support their goals. When it's possible, they prefer using conservation easements, which are agreements to protect the land's natural state, to help restore ecosystems.
Section § 32368
This law allows the conservancy to partner with public agencies, nonprofits, or private entities to build, manage, or upkeep facilities it is responsible for.
Section § 32370
This law says that the conservancy, which is a group or organization set up to protect resources like land or water, is not allowed to take private property by force through a legal process called eminent domain.
Section § 32372
This law section allows the conservancy to seek and accept money from various places, such as government grants, private donations, and fees. It can also manage financial endowments. Any funds it receives are to be spent according to the division's goals.
Section § 32376
When the board hires a new executive officer, they have two years to create and adopt a strategic plan. This plan aims to help achieve the conservancy's goals and explain how they will work with various land use and environmental efforts in and around the Delta area. It will outline project and program priorities based on what is needed, what can be done, and how much funding is required. Additionally, the plan must align with several existing plans and protections related to the Delta and the surrounding areas.
Section § 32378
This law allows the conservancy to spend money and give grants and loans to help plan and develop projects that align with the division's goals.
Additionally, the conservancy can offer technical help and expertise to public agencies, nonprofits, and tribal organizations to support their projects and programs.
Section § 32380
This law allows the conservancy to obtain water or water rights to help achieve its objectives. This means they can legally buy or otherwise secure needed water resources to support their projects and initiatives.
Section § 32381
This section of the law makes it clear that the conservancy cannot control certain things in California. It doesn't have the authority to regulate how land is used, that power remains with cities or counties.
Additionally, the conservancy can't manage land activities unless it owns an interest in the land or has a special agreement or authority from the landowner. It also doesn't have any power over other people’s water rights.