Public Resources Code
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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.
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## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )
This act is named the Public Resources Code.
## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 1. This act shall be known as the Public Resources Code. (Enacted By Stats. 1939, Ch. 93.) - 10. Verify source ↗
## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )
In this code, “Section” means a section of the code unless another statute specifically says otherwise.
## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 10. “Section” means a section of this code unless some other statute is specifically mentioned. (Enacted by Stats. 1939, Ch. 93.) - 1000. Verify source ↗
## Public Resources Code - PRC ## DIVISION 1.5. Equitable Outdoor Access Act [1000 - 1003] ( Division 1.5 added by Stats. 2022, Ch. 939, Sec. 1. ) ## CHAPTER 1. General Provisions [1000- 1000.] ( Chapter 1 added by Stats. 2022, Ch. 939, Sec. 1. )
This division may be cited as the Equitable Outdoor Access Act.
## Public Resources Code - PRC ## DIVISION 1.5. Equitable Outdoor Access Act [1000 - 1003] ( Division 1.5 added by Stats. 2022, Ch. 939, Sec. 1. ) ## CHAPTER 1. General Provisions [1000- 1000.] ( Chapter 1 added by Stats. 2022, Ch. 939, Sec. 1. ) ## 1000. (a) This division shall be known, and may be cited, as the Equitable Outdoor Access Act. (b) This division sets forth the state’s commitment to ensuring all Californians can benefit from, and have meaningful and sustainable access to, the state’s rich cultural and natural resources. (Added by Stats. 2022, Ch. 939, Sec. 1. (AB 30) Effective January 1, 2023.) - 10000. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. )
The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources.
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. ) ## 10000. The Legislature finds and declares as follows: (a) A substantial increase has occurred in the number of requests to appropriate water from the various streams and watercourses of this state, especially for the purpose of generating electric energy. (b) These requests, if approved without due regard for their cumulative effect on streamflows, could adversely affect, to a serious and significant degree, the fish and wildlife resources dependent on those streams and watercourses. (c) These fish and wildlife resources are important for the entire state and are inextricably linked to the continued economic viability of industries, such as the fishing industry, which are desirable and important components of the state’s economy. (Added by Stats. 1982, Ch. 1478, Sec. 1.) - 10001. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. )
The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984.
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. ) ## 10001. The Director of Fish and Game shall identify and list those streams and watercourses throughout the state for which minimum flow levels need to be established in order to assure the continued viability of stream-related fish and wildlife resources. The director shall include in this identification list those streams and watercourses the director determines are significant, along with a statement of findings as to why that stream or watercourse was selected. The identification list required by this section shall rank the streams and watercourses beginning with those where the need for establishing minimum flow levels is the greatest. The director, at his discretion, may revise the list and may add or delete streams or watercourses as circumstances require. The initial identification list required by this section shall be completed no later than January 1, 1984. (Added by Stats. 1982, Ch. 1478, Sec. 1.) - 10002. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. )
The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board.
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. ) ## 10002. The Director of Fish and Game shall prepare proposed streamflow requirements, which shall be specified in terms of cubic feet of water per second, for each stream or watercourse identified pursuant to Section 10001. In developing the requirements for each stream, the director shall consult with the Director of Water Resources, the Director of Parks and Recreation and with all affected local governments. The Director of Fish and Game may also consult with any private individuals, groups, or organizations as the director deems advisable. Upon completion of the proposed streamflow requirements for any individual stream or watercourse, the Director of Fish and Game shall transmit these proposed requirements to the State Water Resources Control Board. The State Water Resources Control Board shall consider these requirements within a stream as set forth in Section 1257.5 of the Water Code. The Director of Fish and Game shall complete the preparation of proposed requirements for the initial streams not later than July 1, 1989. The Department of Fish and Game may contract for temporary services for purposes of preparing the proposed streamflow requirements. (Amended by Stats. 2013, Ch. 352, Sec. 482. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.) - 10003. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. )
The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board.
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. ) ## 10003. The Director of Fish and Game, on his or her own motion or at the request of the State Water Resources Control Board, may review any streamflow requirement and may propose revision or modification thereof. The proposed revision or modification shall be transmitted to the State Water Resources Control Board. (Amended by Stats. 1985, Ch. 1259, Sec. 2.) - 10004. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. )
The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. ) ## 10004. The Department of Fish and Game shall initiate studies to develop proposed streamflow requirements for those streams or watercourses in each fiscal year for which funds are appropriated and shall complete studies on each stream or watercourse within three years. It is the intent of the Legislature that the department develop a program that will initiate studies on at least 10 streams or watercourses in each fiscal year. (Added by Stats. 1985, Ch. 1259, Sec. 3.) - 10005. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. )
The Department of Fish and Wildlife must collect an $850 filing fee, and users of water must pay it when applying for certain permits or changes if water is diverted from waters where fish reside.
## Public Resources Code - PRC ## DIVISION 10. STREAMFLOW PROTECTION STANDARDS [10000 - 10005] ( Division 10 added by Stats. 1982, Ch. 1478, Sec. 1. ) ## 10005. (a) The Department of Fish and Wildlife shall impose and collect a filing fee of eight hundred fifty dollars ($850) to defray the costs of identifying streams and providing studies pursuant to this division. (b) The filing fee shall be proportional to the cost incurred by the Department of Fish and Wildlife and shall be annually reviewed and adjustments recommended to the Legislature in an amount necessary to pay the costs of the Department of Fish and Wildlife as specified in subdivision (a). (c) Any user of water, including a person or entity holding riparian or appropriative rights, shall pay the filing fee to the Department of Fish and Wildlife upon application to the State Water Resources Control Board for any permit, transfer, extension, or change of point of diversion, place of use, or purpose of use, if there is a diversion of water from any waterway where fish reside. No permit, or other entitlement identified in this section, is effective until the filing fee is paid. The State Water Resources Control Board shall, every six months, forward all fees collected to the Department of Fish and Wildlife and provide the location for each entitlement for which a filing fee has been collected. (d) The fee imposed by this section shall not be imposed on the following applications filed with the State Water Resources Control Board: (1) Registrations submitted pursuant to Article 2.7 (commencing with Section 1228) of Chapter 1 of Part 2 of Division 2 of the Water Code. (2) The first application for an extension of time for an individual permit if no change in point of diversion, place of use, or purpose of use is included in the application. (3) Water applications that, in the opinion of the Department of Fish and Wildlife, are filed for administrative and technical clarification purposes only. (4) Water applications or petitions, the primary purpose of which is to benefit fish and wildlife resources. The determination of the benefit to fish and wildlife shall be made, in writing, by the Department of Fish and Wildlife in order to be exempt from the fee. (e) If an applicant or petitioner files multiple applications or petitions for the same appropriation, transfer, extension, or change, and the State Water Resources Control Board reviews and considers the applications or petitions together, only one filing fee is required for those applications or petitions. (Amended by Stats. 2025, Ch. 401, Sec. 12. (AB 1520) Effective January 1, 2026.) - 1001. Verify source ↗
## Public Resources Code - PRC ## DIVISION 1.5. Equitable Outdoor Access Act [1000 - 1003] ( Division 1.5 added by Stats. 2022, Ch. 939, Sec. 1. ) ## CHAPTER 2. Policy [1001 - 1003] ( Chapter 2 added by Stats. 2022, Ch. 939, Sec. 1. )
The Legislature states findings about California’s biodiversity, barriers to outdoor access, and the need to protect nature and improve access for all Californians.
## Public Resources Code - PRC ## DIVISION 1.5. Equitable Outdoor Access Act [1000 - 1003] ( Division 1.5 added by Stats. 2022, Ch. 939, Sec. 1. ) ## CHAPTER 2. Policy [1001 - 1003] ( Chapter 2 added by Stats. 2022, Ch. 939, Sec. 1. ) ## 1001. The Legislature finds and declares all of the following: (a) The biodiversity of California is comprised of the plants, animals, including humans, and fungi that reside within the state, as well as its rivers, lakes, beaches, deserts, forests, mountain ranges, and other natural landscapes. (b) The state’s cultural and natural resources are a shared heritage that no single individual or entity is more entitled to access to, or benefit from, than another and must be stewarded for future generations. (c) Countless Californians still face barriers to visiting and enjoying the state’s natural resources and outdoor spaces, including local, regional, state, and federal parks and beaches, and other public lands and outdoor spaces. These barriers include, but are not limited to, the following: (1) Lack of safe, reliable, and affordable routes to outdoor spaces, including transportation and pathways accessible for people with disabilities. (2) Cost of admission, parking, and overnight accommodations at or near these spaces. (3) Lack of accessible public information and exposure to the outdoors necessary to ensure familiarity and comfort with being in these spaces. (4) Lack of culturally relevant and multilingual programming. (5) Lack of local, quality outdoor spaces and amenities, including parks, pedestrian tree canopies, green streets, greenways, trails, community gardens, and other greenspaces. (6) Lack of outdoor programming opportunities, including, but not limited to, recreational, cultural, and educational activities, in many communities. (7) Local hostility towards visitors of these spaces and intentional efforts to restrict access. (d) The state faces a biodiversity and nature crisis that scientists say we must address with urgency. (e) Nature, like the climate, is nearing a tipping point where the continued loss and degradation of the natural environment will push many ecosystems and wildlife species past the point of no return, threaten the health and economic prosperity of California and the United States, and increase the costs of natural disasters. (f) Before European contact with the American continents, tribal nations, Native American tribes, and tribal entities managed and stewarded the state’s terrestrial and marine resources using traditional ecological knowledge and a wide array of traditional practices and techniques to maintain an environment capable of supporting large, thriving human, plant, and animal populations. Today, tribes continue to use these practices, which vary from tribe to tribe, but are generally focused on ecosystem interconnectivity, respecting the carrying capacity of the land, and viewing humans as an integral part of the environment. Tribal methods of protecting and managing the land are an essential and fundamental part of a concerted effort to successfully rebalance the climate and restore biodiversity. (g) Access to, and the benefits of, nature are essential to the health, well-being, identity, culture, and economic prosperity of the state. (h) Accessing and connecting with the state’s prized cultural and natural resources and experiencing the public and mental health, cultural, economic, and other benefits outdoor recreation can provide is essential to cultivating an appreciation and respect for nature that motivates conservation, biodiversity protection, and other actions to protect our climate and planet. (i) The loss of nature and lack of access to nature negatively affects people of color disproportionately, especially people of color living in disadvantaged communities. Research shows that communities of color are three times more likely than White communities to live in nature-deprived areas and that 70 percent of low-income communities live in nature-deprived areas. (j) The loss of habitat for fish and wildlife, inadequate water supplies, pollution in the air and water, the loss of pollinators, uncontrollable wildfires, and climate change are of increasing concern to many communities across California but especially to communities of color and disadvantaged communities. (k) The state has a responsibility to conserve land, air, water, ocean, and wildlife resources in the state as necessary to prevent the further decline of nature and to address barriers to access, especially for low-income and disadvantaged communities disproportionately affected by them, to ensure that all Californians have access to nature and a healthy environment. (Added by Stats. 2022, Ch. 939, Sec. 1. (AB 30) Effective January 1, 2023.) - 1002. Verify source ↗
## Public Resources Code - PRC ## DIVISION 1.5. Equitable Outdoor Access Act [1000 - 1003] ( Division 1.5 added by Stats. 2022, Ch. 939, Sec. 1. ) ## CHAPTER 2. Policy [1001 - 1003] ( Chapter 2 added by Stats. 2022, Ch. 939, Sec. 1. )
California state agencies must consider and incorporate this policy when making certain policy, regulatory, grant, or spending decisions, and the state is intended to support fair treatment and meaningful involvement in implementing the division.
## Public Resources Code - PRC ## DIVISION 1.5. Equitable Outdoor Access Act [1000 - 1003] ( Division 1.5 added by Stats. 2022, Ch. 939, Sec. 1. ) ## CHAPTER 2. Policy [1001 - 1003] ( Chapter 2 added by Stats. 2022, Ch. 939, Sec. 1. ) ## 1002. (a) It is hereby declared to be the established policy of the state to: (1) Ensure that all Californians have equitable opportunities to safe and affordable access to nature and access to the benefits of nature. (2) Maximize public access to public lands, including the state’s cultural and natural resources, in a sustainable manner, where appropriate, with a special emphasis on creating and promoting opportunities for people and communities that face disproportionate barriers to access, including, but not limited to, communities of color, indigenous communities, and economically disadvantaged communities. (3) Prevent and minimize the intentional and unwarranted limitation of sustainable public access to public lands, where appropriate, including, but not limited to, local, regional, state, and federal parks, rivers, lakes, beaches, forests, mountain ranges, deserts, and other natural landscapes. (b) All relevant state agencies, including the Natural Resources Agency, and each department, board, office, conservancy, and commission within the agency, and state departments, including the Department of Transportation, shall consider and incorporate, as appropriate, this state policy when revising, adopting, or establishing policies, regulations, or grant criteria, or making expenditures, to the extent the policies, regulations, grant criteria, or expenditures are not in conflict with an appropriation. (c) It is the intent of the Legislature that the state, in implementing this division, provide for the fair treatment and meaningful involvement of people of all races, cultures, incomes, and national origins, and solicit, account for, and respond to the voices, needs, and priorities of communities of color, indigenous communities, and economically disadvantaged communities. (Added by Stats. 2022, Ch. 939, Sec. 1. (AB 30) Effective January 1, 2023.) - 1003. Verify source ↗
## Public Resources Code - PRC ## DIVISION 1.5. Equitable Outdoor Access Act [1000 - 1003] ( Division 1.5 added by Stats. 2022, Ch. 939, Sec. 1. ) ## CHAPTER 2. Policy [1001 - 1003] ( Chapter 2 added by Stats. 2022, Ch. 939, Sec. 1. )
State agencies must carry out this policy consistently with agency missions, public health and safety, and conservation goals; the Natural Resources Agency must submit a report to the Legislature by January 1, 2024.
## Public Resources Code - PRC ## DIVISION 1.5. Equitable Outdoor Access Act [1000 - 1003] ( Division 1.5 added by Stats. 2022, Ch. 939, Sec. 1. ) ## CHAPTER 2. Policy [1001 - 1003] ( Chapter 2 added by Stats. 2022, Ch. 939, Sec. 1. ) ## 1003. (a) Notwithstanding any other law, all state agencies implementing this state policy shall do so in a manner consistent with the mission of their agency that protects the health and safety of the public and that conserves natural and cultural resources. This section shall not prohibit an affected state agency, department, board, office, conservancy, or commission from enacting any policy, standard, or condition that is intended to preserve the public health and safety. (b) The state shall encourage the types of access that promote, and are consistent with, the conservation goals described in subdivision (a). (c) On or before January 1, 2024, the Natural Resources Agency shall prepare a report and submit it to the Legislature containing information related to the implementation of this division. (d) (1) The requirement for submitting a report imposed under subdivision (c) is inoperative on January 1, 2026, pursuant to Section 10231.5 of the Government Code. (2) A report to be submitted pursuant to subdivision (c) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2022, Ch. 939, Sec. 1. (AB 30) Effective January 1, 2023.) - 10200. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 1. Title [10200- 10200.] ( Article 1 added by Stats. 1995, Ch. 931, Sec. 1. )
This division is officially named the California Farmland Conservancy Program Act, and later references to the Agricultural Land Stewardship Program Act of 1995 in this division mean the same act.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 1. Title [10200- 10200.] ( Article 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10200. This division shall be known, and may be cited, as the California Farmland Conservancy Program Act. Any other references in this division to the Agricultural Land Stewardship Program Act of 1995 shall hereafter mean the California Farmland Conservancy Program Act. (Amended by Stats. 1999, Ch. 503, Sec. 1. Effective January 1, 2000.) - 10201. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 2. Findings and Declarations [10201 - 10202] ( Article 2 added by Stats. 1995, Ch. 931, Sec. 1. )
The Legislature states that California should conserve agricultural land, especially near urban areas, because it supports food supply, the economy, and long-term land protection.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 2. Findings and Declarations [10201 - 10202] ( Article 2 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10201. The Legislature hereby finds and declares all of the following: (a) The agricultural lands of the state contribute substantially to the state, national, and world food supply and are a vital part of the state’s economy. (b) The growing population and expanding economy of the state have had a profound impact on the ability of the public and private sectors to conserve land for the production of food and fiber, especially agricultural land around urban areas. (c) Agricultural lands near urban areas that are maintained in productive agricultural use are a significant part of California’s agricultural heritage. These lands contribute to the economic betterment of local areas and the entire state and are an important source of food, fiber, and other agricultural products. Conserving these lands is necessary due to increasing development pressures and the effects of urbanization on farmlands close to cities. (d) The long-term conservation of agricultural land is necessary to safeguard an adequate supply of agricultural land and to balance the increasing development pressures around urban areas. (e) A program to encourage and make possible the long-term conservation of agricultural lands is a necessary part of the state’s agricultural land protection policies and programs, and it is appropriate to expend money for that purpose. A program of this nature will only be effective when used in concert with local planning and zoning strategies to conserve agricultural land. (f) Funding is necessary to better address the needs of conserving agricultural land near urban areas. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10202. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 2. Findings and Declarations [10201 - 10202] ( Article 2 added by Stats. 1995, Ch. 931, Sec. 1. )
The Legislature states its intent to promote farmland conservation, support agricultural land stewardship, and encourage local land use planning for orderly growth.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 2. Findings and Declarations [10201 - 10202] ( Article 2 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10202. It is the intent of the Legislature, in enacting this division, to do all of the following: (a) Encourage voluntary, long-term private stewardship of agricultural lands by offering landowners financial incentives. (b) Protect farming and ranching operations in agricultural areas from nonfarm or nonranch land uses that may hinder and curtail farming or ranching operations. (c) Encourage long-term conservation of productive agricultural lands in order to protect the agricultural economy of rural communities, as well as that of the state, for future generations of Californians. (d) Encourage local land use planning for orderly and efficient urban growth and conservation of agricultural land. (e) Encourage local land use planning decisions that are consistent with the state’s policies with regard to agricultural land conservation. (f) Encourage improvements to enhance long-term sustainable agricultural uses. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10210. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
The definitions in this article control how this division is interpreted, unless the context requires otherwise.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10210. Unless the context otherwise requires, the definitions in this article govern the construction of this division. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10211. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
This section defines an agricultural conservation easement and says it must be granted by the owner of a fee simple interest in land for the California Farmland Conservancy Program, in perpetuity.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10211. “Agricultural conservation easement,” “conservation easement,” or “easement” means an interest in land, less than fee simple, that represents the right to prevent the development or improvement of the land, as specified in Section 815.1 of the Civil Code, for any primary purpose other than agricultural production. The easement shall be granted for the California Farmland Conservancy Program by the owner of a fee simple interest in land to any of the organizations or entities specified in Section 815.3 of the Civil Code. It shall be granted in perpetuity as the equivalent of covenants running with the land. (Amended by Stats. 2022, Ch. 502, Sec. 2. (AB 2964) Effective January 1, 2023.) - 10212. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
“Applicant” means an entity listed in Civil Code Section 815.3 that applies for a grant under this division.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10212. “Applicant” means an entity listed in Section 815.3 of the Civil Code that applies for a grant authorized pursuant to this division. (Amended by Stats. 2022, Ch. 502, Sec. 3. (AB 2964) Effective January 1, 2023.) - 10213. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
This section defines “agricultural land” and sets a fallback standard for areas that have not been surveyed.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10213. (a) “Agricultural land” means prime farmland, farmland of statewide importance, unique farmland, farmland of local importance, and grazing land as defined in the Guidelines for the Farmland Mapping and Monitoring Program, pursuant to Section 65570 of the Government Code. (b) In those areas of the state where lands have not been surveyed for classification pursuant to subdivision (a), land shall meet the requirements of “prime agricultural land” as set forth in subdivision (c) of Section 51201 of the Government Code. (Amended by Stats. 2022, Ch. 502, Sec. 4. (AB 2964) Effective January 1, 2023.) - 10214. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
This section defines “Department” as the Department of Conservation.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10214. “Department” means the Department of Conservation. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10215. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
“Director” means the Director of Conservation.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10215. “Director” means the Director of Conservation. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10216. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
“Fund” means the California Farmland Conservancy Program Fund created under Section 10230.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10216. “Fund” means the California Farmland Conservancy Program Fund created pursuant to Section 10230. (Amended by Stats. 1999, Ch. 503, Sec. 3. Effective January 1, 2000.) - 10218. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
This section defines “husbandry practices” as certain agricultural activities carried out for commercial purposes and in line with accepted local standards.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10218. “Husbandry practices” means agricultural activities, such as those specified in subdivision (e) of Section 3482.5 of the Civil Code, conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality. (Amended by Stats. 1999, Ch. 83, Sec. 167. Effective January 1, 2000.) - 10219. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
This section defines “local government” as a city or county.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10219. “Local government” means a city or county. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10220. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
This section defines “local government program” as a local government’s policies and implementation measures for conserving agricultural land.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10220. “Local government program” means the policies and implementation measures of a local government to conserve agricultural land. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10221. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
“Nonprofit organization” means an organization described in Civil Code section 815.3(a).
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10221. “Nonprofit organization” means an organization described in subdivision (a) of Section 815.3 of the Civil Code. (Amended by Stats. 2022, Ch. 502, Sec. 5. (AB 2964) Effective January 1, 2023.) - 10222. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
This section defines “Program” as the California Farmland Conservancy Program established under the division.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10222. “Program” means the California Farmland Conservancy Program established under this division. (Amended by Stats. 1999, Ch. 503, Sec. 4. Effective January 1, 2000.) - 10223. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
“Secretary” means the Secretary of the Natural Resources Agency.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10223. “Secretary” means the Secretary of the Natural Resources Agency. (Amended by Stats. 2022, Ch. 502, Sec. 6. (AB 2964) Effective January 1, 2023.) - 10224. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
This section defines “resource conservation district” as a resource conservation district established under Division 9, starting with Section 9001.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10224. “Resource conservation district” means a resource conservation district established pursuant to Division 9 (commencing with Section 9001). (Amended by Stats. 2022, Ch. 502, Sec. 7. (AB 2964) Effective January 1, 2023.) - 10224.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. )
This section defines “Restriction” by referring to its meaning in Civil Code Section 784.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 3. Definitions [10210 - 10224.5] ( Article 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10224.5. “Restriction” has the same meaning as that term is defined in Section 784 of the Civil Code. (Added by Stats. 2022, Ch. 502, Sec. 8. (AB 2964) Effective January 1, 2023.) - 10225. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 4. Administration [10225 - 10227] ( Article 4 added by Stats. 1995, Ch. 931, Sec. 1. )
For coastal zone projects, the department must consult the State Coastal Conservancy when developing allocation policies, priorities, and procedures.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 4. Administration [10225 - 10227] ( Article 4 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10225. The Legislature hereby finds and declares that, pursuant to Chapter 4 (commencing with Section 31150) of Division 21, the State Coastal Conservancy has responsibility for carrying out agricultural projects in the coastal zone, as defined in Section 30103. Nothing in this division shall be construed to alter the conservancy’s responsibility for the administration of state or federal funds that are allocated for the purpose of preserving coastal agricultural lands. For projects in the coastal zone, the department shall consult with the State Coastal Conservancy in developing its policies, priorities, and procedures for the allocation of those state and federal moneys. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10226. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 4. Administration [10225 - 10227] ( Article 4 added by Stats. 1995, Ch. 931, Sec. 1. )
This provision says nothing in this division may be used to overrule, rescind, or amend the requirements in the specified Government Code chapter.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 4. Administration [10225 - 10227] ( Article 4 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10226. Nothing in this division shall be construed to overrule, rescind, or amend any of the requirements prescribed in Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10227. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 4. Administration [10225 - 10227] ( Article 4 added by Stats. 1995, Ch. 931, Sec. 1. )
A local government must not limit development just because land is near property protected by an agricultural conservation easement covered by this division.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 1. General Provisions [10200 - 10227] ( Chapter 1 added by Stats. 1995, Ch. 931, Sec. 1. ) ## ARTICLE 4. Administration [10225 - 10227] ( Article 4 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10227. No local government shall, in any way, limit development on any land solely because of the land’s proximity to property that is protected by an agricultural conservation easement that is subject to this division. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10230. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
Creates the California Farmland Conservancy Program Fund and directs how money in it may be used.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10230. (a) The California Farmland Conservancy Program Fund is hereby created. (b) (1) Except as provided in paragraph (2), the moneys in the fund shall, upon appropriation by the Legislature in the annual Budget Act, be used for the purposes of the program. (2) Notwithstanding paragraph (1), moneys may be deposited into the fund from federal grants, and gifts and donations, including interest earned, that are designated and required by the donor to be used exclusively for the purposes of the program, and notwithstanding Section 13340 of the Government Code, those moneys are hereby continuously appropriated to the department for expenditure for the purposes of this program. (Amended by Stats. 2022, Ch. 502, Sec. 10. (AB 2964) Effective January 1, 2023.) - 10230.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The California Farmland Conservancy Program is established in the department and may provide financial assistance, including grants or contracts, for qualifying agricultural land projects and activities.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10230.2. (a) The California Farmland Conservancy Program is hereby established in the department. (b) The program may offer financial assistance, including grants or contracts, for projects and activities on agricultural lands that support agricultural conservation and sustainable land management, including, but not limited to, any of the following: (1) Acquisition of agricultural conservation easements or fee title to protect the land’s agricultural use or capacity that meets the following requirements: (A) The primary purpose for which the easement or fee title is being sought is consistent with continuing agricultural use of the property. (B) The easement or fee title does not, and will not, substantially prevent agricultural uses on the property. (C) Any nonagricultural qualities that will be protected by the easement or fee title, if applicable, are inherent to the property. (2) Improvements to land protected by a conservation easement, deed restriction, or similar long-term agreement as determined by the director. (3) Plans to protect and conserve agricultural lands and plans to protect, conserve, restore, or enhance resources or values located on, or adjacent to, agricultural lands or that were historically present on agricultural lands. These may include, but are not limited to, either of the following: (A) An agricultural land component or element of a general plan developed pursuant to Section 65565 of the Government Code. (B) Land conservation strategies and plans to identify and develop potential projects. (4) Technical assistance to develop projects, prepare applications, and implement projects. (5) Administrative costs incurred by the department to administer the program. (6) Any other purposes approved by the Legislature in a funding appropriation for the program. (Added by Stats. 2022, Ch. 502, Sec. 11. (AB 2964) Effective January 1, 2023.) - 10231. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The department may pay direct costs linked to an acquisition during the grant term if it determines those costs should be paid.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10231. (a) Funding shall be used in accordance with the expenditures and distribution authorized, required, or otherwise provided in the program for grants for the acquisition of agricultural conservation easements or fee title. (b) The department may pay direct costs associated with the acquisition, as determined by the department, for costs incurred during the grant term. (Amended by Stats. 2022, Ch. 502, Sec. 13. (AB 2964) Effective January 1, 2023.) - 10231.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The department may accept donations of funds if it is the designated beneficiary and agrees to use the funds for the program in a county named by the donor.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10231.5. The department may accept donations of funds if the department is the designated beneficiary of the donation and it agrees to use the funds for purposes of the program in a county specified by the donor. Any donation made to the department pursuant to this section is subject to the requirements of Sections 11005 and 16302 of the Government Code. (Added by Stats. 1999, Ch. 503, Sec. 8. Effective January 1, 2000.) - 10232. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The director must not approve a grant if the requesting local government acquired or plans to acquire the agricultural conservation easement through eminent domain, unless the land owner requested it.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10232. The director shall not approve a grant if the local government requesting a grant has acquired, or proposes to acquire, the agricultural conservation easement through the use of eminent domain, unless requested by the owner of the land. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10233. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
Grant applications under this section must include a matching funding component, with different minimum match amounts depending on the grant type.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10233. Each application for a grant pursuant to this division shall contain a matching funding component, as specified in this section, and may be provided in the form of cash or in-kind services, or any combination thereof, as determined by the department. (a) Each application for a grant for the purchase of an agricultural conservation easement shall contain a matching component of not less than 5 percent of the value of the grant or a landowner donation of not less than 10 percent of the appraised fair market value of the agricultural conservation easement. In situations where both matching funds and donations of easement value are being combined, the combined match shall be not less than 10 percent of the appraised fair market value of the agricultural conservation easement. Up to 50 percent of contributions to an agricultural conservation easement monitoring endowment for the subject property may be provided as a component of a qualified grant match under this division, as determined by the department. (b) Each application for a planning or land improvement grant pursuant to Section 10230 shall contain a matching funding component of not less than 10 percent of the proposal’s total cost. (c) Each application for a fee title acquisition grant shall contain a matching component of not less than 5 percent of the value of the grant. (Amended by Stats. 2002, Ch. 616, Sec. 7. Effective January 1, 2003.) - 10235. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The director may not release grant money unless the applicant agrees to use it only for the approved purpose, and easement changes or transfers are tightly controlled.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10235. (a) The director shall not disburse any grant funds unless the applicant agrees that the grant funds shall be used by the applicant only for the purpose for which the funds were requested and awarded. For a grant for an agricultural conservation easement, the director shall not disburse any grant funds unless the applicant agrees that no other use, sale, or other disposition of the easement shall be permitted unless approved by the director, or where the easement may be transferred to a public agency or nonprofit organization, for management purposes. (b) If a local government or nonprofit organization holding the easement is dissolved, it shall be transferred to an appropriate public agency or nonprofit organization, as provided in this division. (c) The easement, or any of its terms, may only be amended with the consent of all of the necessary parties to the easement, including the landowner, the easement holder, and the director. The director shall determine that the amendment is not inconsistent with this division before it may be amended. (Amended by Stats. 2022, Ch. 502, Sec. 15. (AB 2964) Effective January 1, 2023.) - 10235.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The department may set up a payment system to buy an agricultural conservation easement if the system works for both the department and the seller, and full payment is secured.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10235.5. The department may establish a payment system for the purchase of an agricultural conservation easement that is mutually satisfactory to the department and the seller of the easement, provided that full payment for the easement is secured. (Added by Stats. 1999, Ch. 503, Sec. 10. Effective January 1, 2000.) - 10236. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
If certain conservation funds are used to acquire an agricultural conservation easement or fee title under a local transfer of development rights program, the easement holder must reimburse the fund when the easement or title and related development rights are sold.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10236. If the funds are used for the acquisition of an agricultural conservation easement or fee title pursuant to a local transfer of development rights program, upon the sale of the easement or fee title and its attendant development rights, the entity that holds the easement shall reimburse the fund by an amount equal to the fair market value of the easement, as determined by an appraisal approved by the department. (Amended by Stats. 2022, Ch. 502, Sec. 16. (AB 2964) Effective January 1, 2023.) - 10237. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The director may not disburse grant funds for easement or fee title acquisitions unless the applicant agrees to restrict use of the land in perpetuity, and for an easement acquisition grant, the seller must also agree.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10237. The director shall not disburse any grant funds for easement or fee title acquisitions unless the applicant, and in the case of an easement acquisition grant, the seller, agrees to restrict the use of the land in perpetuity. (Amended by Stats. 2022, Ch. 502, Sec. 17. (AB 2964) Effective January 1, 2023.) - 10238. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The director may not use grant funds to buy agricultural conservation easements that restrict husbandry practices.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10238. (a) The director shall not disburse any grant funds to acquire agricultural conservation easements that restrict husbandry practices. (b) The following uses and activities shall be deemed consistent and compatible with any agricultural conservation easement funded under this division and shall not be considered to restrict husbandry practices: (1) Those uses and activities specified in Sections 10246 and 10262. (2) The production, processing, and marketing of agricultural crops, agricultural products, and livestock. (3) The restoration, enhancement, maintenance, protection, and conservation of natural resources if those activities are carried out in accordance with generally accepted best management practices and that the long-term agricultural use of the conserved land is not thereby significantly impaired. (4) Activities to reduce the agricultural operation’s emissions of greenhouse gases, and to improve, promote, or enhance the land’s adaptation and resilience to climate change, if the long-term agricultural use of the conserved land is not thereby significantly impaired. (5) Activities to support water conservation and protection, improved air quality, and fuels reduction and management, including to protect the conserved land and neighboring properties from catastrophic wildfire, if the long-term agricultural use of the conserved land is not thereby significantly impaired. (6) The construction, reconstruction, and use of secondary dwelling units and farm worker housing, subject to reasonable limitations on size and location, if the long-term agricultural use of the conserved land is not thereby significantly impaired. The limitations on secondary dwelling units and farm worker housing shall not be more restrictive than Article 2 (commencing with Section 66314) of Chapter 13 of Division 1 of Title 7 of the Government Code or Section 17021.6 of the Health and Safety Code, respectively, or local building permit requirements. (7) The construction, reconstruction, or use of renewable energy facilities to generate energy for the agricultural and residential needs of the conserved land if the long-term agricultural use of the conserved land is not thereby significantly impaired. (Amended by Stats. 2024, Ch. 7, Sec. 30. (SB 477) Effective March 25, 2024.) - 10239. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The director may disburse grant funds for acquiring agricultural land only if the applicant accepts specified conditions, including treating the land as subject to an easement, selling the fee title within three years, and reimbursing the fund after sale.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10239. The director shall disburse funds to an applicant for a grant for the acquisition of fee title to agricultural land only if the applicant agrees to all of the following conditions: (a) Upon acquisition of the property, treat the property as encumbered by an agricultural conservation easement subject to this division and approved by the department. (b) Sell the fee title subject to an agricultural conservation easement approved by the department to a private landowner within three years of the acquisition of the fee title. (c) Reimburse the fund directly from escrow within 30 days after the sale of the restricted fee title by an amount equal to the department’s proportional share of the net proceeds of the sale. (1) The “net proceeds of the sale” is defined as the fair market value of the land less the value of the easement and associated transaction costs. (2) The department’s proportional share of the net proceeds of the sale shall be calculated using a factor reflecting the department’s proportional share of the purchase price paid by the applicant in the original acquisition of fee title, taking into account contributions from all sources toward that original purchase price. (Amended by Stats. 2007, Ch. 254, Sec. 6. Effective September 26, 2007.) - 10240. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The department must adopt rules and regulations to implement this division, and those rules must follow the Administrative Procedure Act.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10240. (a) The department shall adopt rules and regulations for the implementation of this division. (b) Rules or regulations adopted by the department pursuant to this section shall be adopted in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2002, Ch. 616, Sec. 13. Effective January 1, 2003.) - 10241. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The department must adopt criteria needed to approve grant applications.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10241. The department shall adopt the criteria necessary for its approval of grant applications. (Amended by Stats. 2002, Ch. 616, Sec. 14. Effective January 1, 2003.) - 10242. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The director must review all funding requests under this division and decide whether to approve or disapprove them.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10242. The director shall review, and approve or disapprove, all requests for funding under this division. (Amended by Stats. 2022, Ch. 502, Sec. 19. (AB 2964) Effective January 1, 2023.) - 10243. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
A local governmental entity may not make an entitlement for use conditional on the applicant granting a conservation easement under this division.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10243. A local governmental entity shall not condition the issuance of an entitlement for use on the applicant’s granting of a conservation easement pursuant to this division. (Repealed and added by Stats. 2022, Ch. 502, Sec. 21. (AB 2964) Effective January 1, 2023.) - 10245. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
The program must reimburse a school district that requests reimbursement for net loss of property tax revenues caused by the program.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10245. The program shall reimburse any school district which requests reimbursement for any net loss of property tax revenues occurring as a result of the program. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10246. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. )
Grants may be used for land improvements, but only for protected land if the improvement directly benefits that land.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 2. California Farmland Conservancy Program [10230 - 10246] ( Heading of Chapter 2 amended by Stats. 2022, Ch. 502, Sec. 9. ) ## 10246. Grants may be made for land improvements. Use of these grants shall be limited to the improvement of land protected by a conservation easement or a similar long-term conservation agreement as determined by the director if the improvement will directly benefit the protected land. An application for a land improvement grant shall be evaluated with respect to the extent to which it satisfies one or more of the following criteria: (a) The improvement will enhance the agricultural value of the land protected by the easement, and promote its long-term sustainable agricultural use such as water supply development and revegetation of eroding streambanks. (b) The improvement will increase the compatibility of agricultural operations with sensitive natural areas. (c) The improvement will demonstrate new and innovative best management practices that have the potential for wide application. (d) The proposed improvement includes the financial and technical involvement of other agencies, such as resource conservation districts, the Wildlife Conservation Board, the University of California Cooperative Extension, the United States Farm Services Agency, and the United States Natural Resources Conservation Service. (e) The improvement is part of a coordinated watershed management plan or the equivalent. (f) The improvement will restore or enhance resources on the land. (g) The application satisfies other relevant criteria established by the department. (Amended by Stats. 2022, Ch. 502, Sec. 23. (AB 2964) Effective January 1, 2023.) - 10250. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 3. Eligibility and Selection Criteria [10250 - 10254] ( Chapter 3 added by Stats. 1995, Ch. 931, Sec. 1. )
This section applies only to agricultural conservation easement acquisitions, and the department must review applications to determine whether the proposed project meets the division’s requirements and any applicable department rules or regulations.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 3. Eligibility and Selection Criteria [10250 - 10254] ( Chapter 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10250. (a) This chapter shall only apply to acquisitions of agricultural conservation easements. (b) In reviewing applications for agricultural conservation easements, the department shall determine whether the proposed project meets the applicable requirements set forth in this division and conforms with any rules or regulations adopted by the department pursuant to this division. (Amended by Stats. 2022, Ch. 502, Sec. 24. (AB 2964) Effective January 1, 2023.) - 10251. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 3. Eligibility and Selection Criteria [10250 - 10254] ( Chapter 3 added by Stats. 1995, Ch. 931, Sec. 1. )
Applicants for an agricultural conservation easement or fee acquisition grant must satisfy the section’s eligibility criteria.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 3. Eligibility and Selection Criteria [10250 - 10254] ( Chapter 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10251. Applicants for an agricultural conservation easement or fee acquisition grant shall meet all of the following eligibility criteria: (a) The parcel proposed for conservation is expected to be used for, and is large enough to sustain, commercial agricultural production. The land is also in an area that possesses the necessary market, infrastructure, and agricultural support services, and the surrounding parcel sizes and land uses will support long-term commercial agricultural production. (b) The applicable city or county has a general plan that demonstrates a long-term commitment to agricultural land conservation. This commitment shall be reflected in the goals, objectives, policies, and implementation measures of the plan, as they relate to the area of the county or city where the acquisition is proposed. (c) Without conservation, the land proposed for protection is likely to be converted to nonagricultural use in the foreseeable future. (Amended by Stats. 2022, Ch. 502, Sec. 25. (AB 2964) Effective January 1, 2023.) - 10252. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 3. Eligibility and Selection Criteria [10250 - 10254] ( Chapter 3 added by Stats. 1995, Ch. 931, Sec. 1. )
The director must evaluate proposals for fee title or agricultural conservation easement acquisition grants using the project’s overall value, program goals, and the listed selection criteria.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 3. Eligibility and Selection Criteria [10250 - 10254] ( Chapter 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10252. The director shall evaluate a proposal for a fee title or agricultural conservation easement acquisition grant based upon the overall value of the project, taking into consideration the goals and objectives for the program, and the extent to which the proposed project satisfies the following selection criteria: (a) The quality of the agricultural land, based on land capability, farmland mapping and monitoring program definitions, productivity indices, and other soil, climate, and vegetative factors. (b) The proposal meets multiple natural resource conservation objectives, including, but not limited to, wetland protection, wildlife habitat conservation, and scenic open-space preservation. (c) The city or county demonstrates a long-term commitment to agricultural land conservation as demonstrated by the following: (1) The general plan and related land use policies of the city or county. (2) Policies of the local agency formation commission. (3) California Environmental Quality Act policies and procedures. (4) The use of a right-to-farm ordinance. (5) Applied strategies for the economic support and enhancement of agricultural enterprise, including water policies, public education, marketing support, and consumer and recreational incentives. (6) Other relevant policies and programs. (d) If the land is in a county that participates in the Williamson Act (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code), the land proposed for protection is within a county or city designated agricultural preserve. (e) The land proposed for conservation is within two miles outside of the exterior boundary of the sphere of influence of a city as established by the local agency formation commission. (f) The applicant demonstrates fiscal and technical capability to effectively carry out the proposal. Technical capability may be demonstrated by agricultural land conservation expertise on the governing board or staff of the applicant, or through partnership with an organization that has that expertise. (g) The proposal demonstrates a coordinated approach among affected landowners, local governments, and nonprofit organizations. If other entities are affected, there is written support from those entities for the proposal and a willingness to cooperate. The support of neighboring landowners who are not involved in the proposal shall be considered. (h) The conservation of the land supports long-term private stewardship and continued agricultural production in the region. (i) The amount of matching funds and in-kind services contributed by local governments and other sources toward the acquisition of the fee title or agricultural conservation easement, or both. (j) The price of the proposed acquisition is cost-effective in comparison to the fair market value. (k) Other relevant considerations established by the director or in the funding source. (Amended by Stats. 2022, Ch. 502, Sec. 26. (AB 2964) Effective January 1, 2023.) - 10253. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 3. Eligibility and Selection Criteria [10250 - 10254] ( Chapter 3 added by Stats. 1995, Ch. 931, Sec. 1. )
This section says the chapter does not give the department any new authority to affect local policy or land use decisions.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 3. Eligibility and Selection Criteria [10250 - 10254] ( Chapter 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10253. Nothing in this chapter shall grant any new authority to the department to affect local policy or land use decisionmaking. (Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.) - 10254. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 3. Eligibility and Selection Criteria [10250 - 10254] ( Chapter 3 added by Stats. 1995, Ch. 931, Sec. 1. )
Before seeking funding for an agricultural conservation easement or fee title, the applicant must give written notice to the relevant county planning directors and nearby cities.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 3. Eligibility and Selection Criteria [10250 - 10254] ( Chapter 3 added by Stats. 1995, Ch. 931, Sec. 1. ) ## 10254. (a) Before applying for funding to acquire an agricultural conservation easement or fee title, the applicant shall notify in writing the planning directors of the relevant county or counties and every city within two miles of the property about the application. The notice shall include all of the following: (1) The applicant’s intent to apply for a grant to acquire an agricultural conservation easement or fee title from the program. (2) The application deadline. (3) A statement that the conservation easement may result in reduced property tax revenue pursuant to Article 1.5 (commencing with Section 421) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code. (4) The jurisdiction’s right to submit comment to the department on the project within 30 days of the application deadline. (b) The relevant county or counties and every city within two miles of the property shall have 30 days from the application deadline to submit written comments on the project to the department, including on the compatibility of the project with the general plan. (c) The department shall consider any comments submitted by the county or cities pursuant to subdivision (b) on the project. (Repealed and added by Stats. 2022, Ch. 502, Sec. 29. (AB 2964) Effective January 1, 2023.) - 10260. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. )
The department must use reasonable steps to keep purchase prices at or below fair market value, applicants must hire an independent appraiser, and the department may conditionally approve grants and require extra appraisals.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. ) ## 10260. (a) In determining the amount of funding to be provided for an agricultural conservation easement or fee acquisition grant, the department shall take reasonable steps to ensure that the total purchase price of the agricultural conservation easement or, in the case of a fee title acquisition, the total purchase price of the subject property does not exceed fair market value, taking into consideration the funding from all sources. The determination of fair market value shall be accomplished, as follows: (1) An applicant shall select and retain an independent real estate appraiser to determine the value of the subject property, including any proposed agricultural conservation easement. (2) The department shall review and consider an applicant’s appraisal and may, at its sole discretion, require or obtain an additional appraisal. (3) The easement value shall be calculated by determining the difference between the fair market value and the restricted value of the property. (b) The department may conditionally approve grant applications prior to completion of final appraisals, provided an acceptable appraisal and all other requirements of this division are met before any disbursement of grant funds. (c) The department shall have final authority to determine the acceptability of an appraisal pursuant to this division. (Amended by Stats. 2002, Ch. 616, Sec. 21. Effective January 1, 2003.) - 10260.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. )
Certain conservation easement, fee title, deed restriction, and amendment documents must be recorded in the county recorder’s office for the county where the land is located, and they are subject to recording laws.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. ) ## 10260.5. For purposes of this division, any instrument creating, assigning, or otherwise transferring a conservation easement, fee title, and any associate deed restrictions shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and those instruments shall be subject in all respects to the recording laws. Any amendment to any of these instruments shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and shall be subject in all respects to the recording laws. (Repealed and added by Stats. 2022, Ch. 502, Sec. 33. (AB 2964) Effective January 1, 2023.) - 10261. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. )
If land subject to an agricultural conservation easement is condemned, the condemnor must pay just compensation to the fee owner and easement owner.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. ) ## 10261. (a) Whenever any entity exercises the power of eminent domain to acquire land subject to an agricultural conservation easement under this program, the condemnor shall pay just compensation to the owner of the land in fee and to the owner of the easement as follows: (1) The owner of the land in fee shall be paid the full value that would have been payable to the owner but for the existence of the easement less the fair market value of the easement, as determined by an independent appraisal, at the time of condemnation. (2) The program, and any other contributing parties if so provided in the easement, shall be paid the value of the easement at the time of condemnation. (b) The director may provide, by regulation, or, pursuant to the terms of the easement, that in the case of acquisition of the easement by a federal agency, that the agency shall agree to the amount of compensation paid for the easement that is determined pursuant to subdivision (a), or pay the current fair market value of the land subject to an agricultural easement. The director shall distribute the proceeds of a land sale that is made in accordance with the conditions set forth in subdivision (a). (Amended by Stats. 2002, Ch. 616, Sec. 24. Effective January 1, 2003.) - 10262. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. )
An agricultural conservation easement does not bar the landowner from certain rights-of-way, farm-related construction and use, or customary rural activities, so long as the land’s agricultural productivity and relevant multiple uses are not significantly impaired.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. ) ## 10262. An agricultural conservation easement shall not prevent any of the following: (a) The granting of rights-of-way by the owner of the subject land in and through the land for the installation, transportation, or use of water, sewage, electric, telephone, gas, oil, or oil product lines, stock water development and storage, energy generation, and fencing if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities. (b) The construction and use of structures on the subject land that are necessary for agricultural production and marketing, including, but not limited to, barns, shops, packing sheds, cooling facilities, greenhouses, roadside marketing stands, stock water development and storage, energy generation, and fencing, if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities. (c) Customary part time or off season rural enterprises or activities, including, but not limited to, hunting and fishing, wildlife habitat improvement, predator control, timber harvesting, and firewood production, if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities. (Amended by Stats. 2022, Ch. 502, Sec. 34. (AB 2964) Effective January 1, 2023.) - 10262.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. )
An agricultural conservation easement under this division does not give the public access rights to the property.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. ) ## 10262.5. The granting of an agricultural conservation easement under this division shall not be interpreted to convey any rights of public access to the subject property. (Added by Stats. 2002, Ch. 616, Sec. 27. Effective January 1, 2003.) - 10263. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. )
The department must act on a complete grant application within 180 days and notify the applicant in writing.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. ) ## 10263. (a) The department shall act on an application for a grant within 180 days after the department determines that it is complete. (b) The department shall notify the applicant of the department’s decision in writing. For any decision to disapprove an application, the written notice shall state the reason for the disapproval. (Amended by Stats. 2022, Ch. 502, Sec. 37. (AB 2964) Effective January 1, 2023.) - 10264. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. )
The director must disapprove a grant application for acquiring an agricultural conservation easement or fee title if any listed condition applies.
## Public Resources Code - PRC ## DIVISION 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT [10200 - 10264] ( Heading of Division 10.2 amended by Stats. 2022, Ch. 502, Sec. 1. ) ## CHAPTER 4. Agricultural Conservation Easements and Fee Title [10260 - 10264] ( Heading of Chapter 4 amended by Stats. 2022, Ch. 502, Sec. 31. ) ## 10264. The director shall disapprove the application for a grant for the acquisition of an agricultural conservation easement or fee title in any of the following circumstances: (a) The application does not satisfy the eligibility criteria set forth in Section 10251. (b) The department has determined that clear title to the agricultural conservation easement cannot be conveyed. (c) There is insufficient money in the fund to carry out the acquisition. (d) Other acquisitions have a higher priority. (e) The application does not satisfy other relevant requirements provided by the fund source or in the guidelines, solicitation, application, or other relevant control documents, as determined by the department. (Amended by Stats. 2022, Ch. 502, Sec. 38. (AB 2964) Effective January 1, 2023.) - 10280. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. )
This section creates the Agricultural Protection Planning Grant Program within the Department of Conservation and says it will provide planning grants for farmland, rangeland, climate, and agricultural land protection purposes.
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. ) ## 10280. The Agricultural Protection Planning Grant Program is hereby established within the Department of Conservation, to provide planning grants to do all of the following: (a) Conserve California’s most productive farmlands and ecologically important rangelands. (b) Advance California’s climate change goals through carbon sequestration and greenhouse gas emissions reductions resulting from the implementation of local plans. (c) Maintain local food supplies and agricultural economies through the protection of agricultural lands. (Amended by Stats. 2017, Ch. 26, Sec. 80. (SB 92) Effective June 27, 2017.) - 10280.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. )
This section defines terms used in the Agricultural Protection Planning Grant Program.
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. ) ## 10280.5. The following terms have the following meanings as used in this division, unless the context clearly requires otherwise: (a) “Authority” means an entity established by the state that requires its members, including, but not limited to, local government entities, to adopt a resolution stating their intent to participate. (b) “Department” means the Department of Conservation. (c) “Grant program” means the program established pursuant to Section 10280. (d) “Joint powers authority” means a joint powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code that is formed in part to protect agricultural land. (e) “Local government entity” means any city, county, city and county, or district, including, but not limited to, park and open-space districts, resource conservation districts, and other special districts. (f) “Nonprofit organization” means any nonprofit public benefit corporation that has among its purposes the conservation of agricultural lands, and holds a tax exemption, as defined under Section 501(c)(3) of the Internal Revenue Code, and further qualifies as an organization under Section 170(b)(1)(A)(iv) or 170(h)(3) of the Internal Revenue Code. (Added by Stats. 2002, Ch. 983, Sec. 3. Effective January 1, 2003.) - 10281. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. )
This section states that the grant program is meant to help local government entities, nonprofits, authorities, and joint powers authorities apply for and use farmland, grazing land, and grassland protection and preservation grant funds.
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. ) ## 10281. The purpose of the grant program is to assist any local government entity, nonprofit organization, authority, or joint powers authority to apply for, and cost-effectively use, grant funds available for farmland, grazing lands, and grasslands protection and preservation from funds that are made available pursuant to subdivision (f) of Section 5096.650 and from other funding sources. (Added by Stats. 2002, Ch. 983, Sec. 3. Effective January 1, 2003.) - 10281.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. )
Applicants must show the grant would improve protection of agricultural land, grazing land, or grasslands, and the department must create and consult on grant guidelines before awarding funds.
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. ) ## 10281.5. (a) In addition to the requirements established by the department, the applicant shall demonstrate that the changes to the existing goals, objectives, policies, or programs of the city, county, or city and county that will logically result from the grant will improve protection of, or have a beneficial effect on climate change goals for, agricultural land, grazing land, or grasslands. (b) Prior to awarding funds under the program, the department shall develop guidelines and selection criteria for awarding grants in accordance with all of the following: (1) Prior to the adoption of the guidelines and selection criteria, the department shall conduct at least two public workshops to receive and consider public comments. (2) The department shall publish the draft guidelines and selection criteria on its Internet Web site at least 30 days prior to the public meetings. (3) In adopting the guidelines and selection criteria, the department shall consider the comments from farming and ranching groups, agricultural land conservation groups, building and construction groups, local governments, regional agencies, and other stakeholders. (4) Program guidelines may be revised by the department to reflect changes in program focus or need. Outreach to stakeholders shall be conducted pursuant to paragraphs (1), (2), and (3) before the department adopts changes to guidelines. (c) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of the guidelines and selection criteria pursuant to this section. (Amended by Stats. 2017, Ch. 434, Sec. 10. (SB 732) Effective January 1, 2018.) - 10282. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. )
This section lets certain local public entities apply for agricultural protection planning grants, but applicants must meet specified eligibility steps and the department must stay within grant caps.
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. ) ## 10282. (a) Under the grant program, a local government entity, nonprofit organization, authority, or joint powers authority may apply to the department for a planning grant to be used for the protection of agricultural lands and grazing lands, including oak woodlands and grasslands. In addition to any requirements established by the department, to be eligible for a grant under the grant program, an applicant shall do all of the following: (1) Identify and map, utilizing the designations in the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570 of the Government Code, existing or potential agricultural lands in its jurisdiction. (2) Specify its existing goals, objectives, policies, or programs that support the long-term protection of agricultural land. (3) Specify the proposed changes to its existing goals, objectives, policies, or programs that support the long-term protection of agricultural land. (4) Specify how the planning grant would be used to improve the long-term protection of agricultural land within its jurisdiction. (b) A grant awarded by the department under the grant program shall not exceed five hundred thousand dollars ($500,000) to any applicant, or seven hundred fifty thousand dollars ($750,000) if the department determines that a grant application is for collaborative planning activities proposed to include two or more adjacent counties, cities, or city and county. (c) In granting funds pursuant to this division, the department shall give priority to proposals that include matching funds from local sources. (d) A grant proposal by a park or open-space district, resource conservation district, other special district, authority, or joint powers authority shall be approved by resolution of the city, county, or city and county, or multiple cities and counties, whose jurisdiction the proposal is intended to benefit. The city, county, or city and county shall provide evidence that it is willing to implement some of the planning process funded by the grant. (e) The purposes for which a grant made pursuant to this division for agricultural protection may include, but need not be limited to, the following: (1) To update the general plan of a city, county, or city and county to improve protection of agricultural land, or a zoning ordinance designed to improve protection of agricultural land. (2) To develop multicounty strategies to protect agricultural land. (3) To develop city-county agreements to protect agricultural land. (4) To develop strategies to implement existing general plan provisions, city-county agreements, or multicounty agreements to protect agricultural land, including technical assistance. (5) To develop public-private partnerships for the long-term protection and stewardship of agricultural lands. (Amended by Stats. 2017, Ch. 434, Sec. 11. (SB 732) Effective January 1, 2018.) - 10283. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. )
Projects funded with bond proceeds under this division must comply with Section 16727 of the Government Code.
## Public Resources Code - PRC ## DIVISION 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM [10280 - 10283] ( Division 10.3 added by Stats. 2002, Ch. 983, Sec. 3. ) ## 10283. Eligible projects funded under this division with the proceeds from the sale of any bonds shall be consistent with the requirements of Section 16727 of the Government Code. (Added by Stats. 2002, Ch. 983, Sec. 3. Effective January 1, 2003.) - 10330. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
The Wildlife Conservation Board is designated as the state’s lead agency for the rangeland, grazing land, and grassland protection program under this division.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10330. The Wildlife Conservation Board is hereby designated as the lead agency of the state for carrying out the program of rangeland, grazing land, and grassland protection pursuant to this division. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10331. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
This section establishes the California Rangeland, Grazing Land, and Grassland Protection Program to protect rangeland, grazing land, and grasslands using conservation easements.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10331. The California Rangeland, Grazing Land, and Grassland Protection Program is hereby established to protect California’s rangeland, grazing land, and grasslands through the use of conservation easements, for the following purposes: (a) To prevent the conversion of rangeland, grazing land, and grassland to nonagricultural uses. (b) To protect the long-term sustainability of livestock grazing. (c) To ensure continued wildlife, water quality, watershed, and open-space benefits to the State of California from livestock grazing. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10332. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
This section defines key terms used in Division 10.4, including board, conservation easement, local public agency, nonprofit organization, property, qualified property, and state agency.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10332. As used in this division, the following terms have the following meanings: (a) “Board” means the Wildlife Conservation Board created pursuant to Article 2 (commencing with Section 1320) of Chapter 4 of Division 20 of the Fish and Game Code. (b) “Conservation easement” means a conservation easement, as defined by Section 815.1 of the Civil Code, that is perpetual. (c) “Local public agency” means any city, county, city and county, resource conservation district, district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5, authority formed pursuant to Division 26 (commencing with Section 35100), or joint powers authority made up of two or more local public agencies and one or more state agencies. (d) “Nonprofit organization” means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code), qualified to do business in California, and qualified under Section 501(c)(3) of Title 26 of the Internal Revenue Code as a tax-exempt corporation that has as a principal purpose the conservation of land and water resources. (e) “Property” means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights. (f) “Qualified property” means property that is rangeland, grazing land, or grassland and is used or is suitable for grazing; is zoned for agricultural grazing, or open-space use; and is used or suitable for habitat for aquatic or terrestrial wildlife species or native plants. (g) “State agency” means any public entity created by statute within the Resources Agency. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10334. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
The board may spend funds to acquire conservation easements over qualified property and may give grants for that purpose to specified public or nonprofit recipients.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10334. Funds may be expended by the board for the acquisition of conservation easements over qualified property pursuant to the authority granted to the board under Section 1348 of the Fish and Game Code. The board may also make grants of funds to a state agency, local public agency, or nonprofit organization for the acquisition of conservation easements over qualified property. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10335. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
Funds under this division may be used only for conservation easements that protect rangeland, grazing lands, and grasslands.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10335. Funds expended pursuant to this division may be used only to acquire conservation easements to protect rangeland, grazing lands, and grasslands, consistent with the purposes of Sections 10331 and 10337. If additional property interests, restrictions, enhancements, or access is acquired in addition to a conservation easement, funds for those additional acquisitions shall be provided from other sources. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10335.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
Projects funded with bond proceeds under this division must follow Government Code Section 16727, and the board may spend no more than 5% of those bond-derived funds on associated programmatic costs.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10335.5. (a) Any eligible projects funded under this division with the proceeds from the sale of any bonds shall be consistent with the requirements of Section 16727 of the Government Code. (b) Of the total amount of funds derived from the proceeds of bonds and appropriated by Section 2 of the act adding this division, the board may not expend more than 5 percent for associated programmatic costs. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10336. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
The board may adopt guidelines to implement the program, including grant-application procedures, a grant application schedule, and a requirement to monitor conservation easements at least every two years.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10336. The board may adopt guidelines to implement the program, including the establishment of procedures and a schedule for submittal of applications for grants and a requirement that conservation easements be monitored not less than every two years. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the guidelines adopted pursuant to this section. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10337. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
A conservation easement may be acquired only if it will protect, restore, or enhance rangeland, grazing land, or grassland and sustain the property's character.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10337. A conservation easement may be acquired pursuant to this division only if its acquisition will protect, restore, or enhance rangeland, grazing land, or grassland and sustain the character of the property. In evaluating qualified property, the board and any recipient of a grant may consider all of the following criteria: (a) The productivity or potential productivity of the land. (b) The long-term economic viability of the property. (c) The threat to the property of urban or intensified rural development. (d) The presence of scenic open-space or viewshed, historic, or archeological values, or unique geologic features. (e) The presence of water resources, including groundwater recharge. (f) The presence of vegetation with ecological significance, such as oak woodlands, forests, riparian corridor, or native vegetation. (g) The quality of the soil. (h) The location of the property relative to an urban sphere of influence. (i) The location of the property relative to other properties preserved by conservation easements. (j) Whether protecting this property will assist in protecting other lands. (k) The geographic concentration of other rangelands, grazing lands, and grasslands. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10338. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
Each grant application must include specified property, appraisal, certification, and environmental disclosure information.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10338. At a minimum, each application for a grant shall contain all of the following: (a) A legal description of the property and a description of the current use of the land and the habitat types of the property, including documentation of how acquisition of a conservation easement will preserve rangeland, grazing land, or grassland. (b) An independent and impartial appraisal prepared by a real estate appraiser who is licensed pursuant to the Real Estate Appraisers’ Licensing and Certification Law (Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code). (c) Certification by the prospective seller of the conservation easement that the seller was not, and is not, required to satisfy a condition imposed upon the seller by any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, the mitigation of significant effects on the environment of a project pursuant to an approved environmental impact report or mitigated negative declaration required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (d) Disclosure of any known or suspected environmental conditions associated with the property. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10339. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
The board may require additional information when reasonably necessary to evaluate a proposed acquisition.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10339. The board may require further information as is reasonably necessary to allow the board to evaluate the proposed acquisition. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10340. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
The board or a grant recipient may accept money from a prospective seller to cover acquisition-related costs.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10340. The board, or the recipient of a grant, may accept contributions of money from a prospective seller to pay or reimburse the costs of appraisal, escrow, and title, and other transaction costs associated with the acquisition, including any environmental assessment. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10341. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
The board may request staff services from a state agency that applies for a grant.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10341. The board may request staff services from any state agency that submits an application for a grant. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10342. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
A conservation easement, money, or other asset acquired under this division is not treated as a transfer under the specified Fish and Game Code provision.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10342. Any conservation easement, money, or other asset acquired pursuant to this division shall not be deemed a transfer pursuant to Article 1 (commencing with Section 2780) of Chapter 9 of Division 3 of the Fish and Game Code. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10343. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
This section limits eminent domain, protects existing land or water rights, and requires notice to certain mineral rights holders before a conservation easement is purchased.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10343. (a) Nothing in this division authorizes or increases the authority of any public agency to use eminent domain to acquire private property. (b) Nothing in this division diminishes any existing land or water right held by an existing easement holder in any property for which acquisition of a conservation easement is proposed. (c)An existing mineral rights holder, as identified in the public records in the county where the property is located, shall be given notice of intent to purchase a conservation easement. The notice may be given by any means authorized by statute. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 10344. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. )
The board may coordinate this program with the Oak Woodlands Conservation Act.
## Public Resources Code - PRC ## DIVISION 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT [10330 - 10344] ( Division 10.4 added by Stats. 2002, Ch. 984, Sec. 1. ) ## 10344. The board may coordinate this program with the Oak Woodlands Conservation Act established pursuant to Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code, as administered by the board. (Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.) - 11. Verify source ↗
## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )
This provision says words in the present tense also cover the past and future, and words in the future tense also cover the present.
## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 11. The present tense includes the past and future tenses; and the future the present. (Enacted by Stats. 1939, Ch. 93.) - 12. Verify source ↗
## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )
This provision says that words in the masculine gender also include the feminine and neuter.
## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 12. The masculine gender includes the feminine and neuter. (Enacted by Stats. 1939, Ch. 93.) - 12.2. Verify source ↗
## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )
In this section, “spouse” includes a registered domestic partner.
## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 12.2. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 92. (SB 1005) Effective January 1, 2017.) - 12200. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 1. Title [12200- 12200.] ( Article 1 added by Stats. 2007, Ch. 657, Sec. 1. )
This division is named the California Forest Legacy Program Act of 2007, and it may be cited by that name.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 1. Title [12200- 12200.] ( Article 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12200. This division shall be known and may be cited as the California Forest Legacy Program Act of 2007. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12210. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 2. Findings and Declarations [12210 - 12211] ( Article 2 added by Stats. 2007, Ch. 657, Sec. 1. )
The Legislature states findings about California forest lands and says conserving them is in the state’s interest.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 2. Findings and Declarations [12210 - 12211] ( Article 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12210. The Legislature hereby finds and declares all of the following: (a) Privately owned forest lands comprise nearly half of California’s 32.6 million acres of forest land, and include some of the state’s most important and productive forest resources, including timber, fish and wildlife habitat, watersheds, and climate benefits. It is in the interest of the state to provide and maintain a favorable climate for long-term investment in forest resources. (b) The importance of private forest lands to California’s economy and environment has been recognized for many years, and more recently for almost three decades by the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4), the California Timber Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code), and other statutes and policies. (c) California’s private forest lands and woodlands are threatened by continued population growth and changes in land use patterns, including parcel size reductions, residential and commercial development, and by changes in forest cover. (d) Heirs of forest landowners frequently find it necessary to harvest their timber prematurely and excessively, in order to pay estate taxes that can account for up to 55 percent of an estate’s value. (e) Continuing statewide population growth, existing land use and tax policies, regulations, and other factors create significant pressure for an increase in development conversions in forest lands of environmental and economic significance. (f) Conservation easements have been successfully used around the United States to achieve voluntary protection of open space, historical sites, and natural and aquatic resources. (g) Conservation easements enable landowners to receive financial benefits for voluntarily restricting specific development rights and land that, in turn, contributes to the conservation of natural resources for future generations. Financial benefits to landowners can be realized through a sale or donation, or a combination of both a sale or donation of a conservation easement. (h) A program to encourage and make possible the long-term conservation of forest lands and all associated natural resources is a necessary part of the state’s land protection policies and programs, and it is in the public interest to expend money for that purpose. (i) Funding is a necessary component of this program. (j) The federal Forest Legacy Program (16 U.S.C. Sec. 2103c) conserves forest land threatened with conversion and development by providing federal matching funds for the acquisition of conservation easements or other interests in land from willing landowners, subject to state guidelines. (k) The state completed the “California Forest Legacy Program Assessment of Need” in 1995 following an extensive analysis and widespread public input. That assessment was submitted to and accepted by the United States Department of Agriculture. (l) California’s forests can play an important role in addressing global climate change and helping the state meet its emission reduction targets by removing and storing carbon dioxide, a key greenhouse gas. (m) The California Forest Legacy Program Act of 2000, established pursuant to Senate Bill 1832 of the 1999–2000 Regular Session of the Legislature, which expired on January 1, 2007, was successful in helping to protect approximately 12,000 acres of California forests by facilitating the expenditure of almost four million dollars ($4,000,000) in federal funds. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12211. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 2. Findings and Declarations [12210 - 12211] ( Article 2 added by Stats. 2007, Ch. 657, Sec. 1. )
The Legislature states that this division and the California Forest Legacy Program are intended to protect forest lands and aquatic resources in California by prioritizing conservation, habitat protection, water quality, and sustainable forest use.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 2. Findings and Declarations [12210 - 12211] ( Article 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12211. It is the intent of the Legislature, in enacting this division and the California Forest Legacy Program, to protect forest lands and aquatic resources in California by focusing on all of the following priorities: (a) Encouraging the long-term conservation of productive forest lands by providing an incentive to owners of private forest lands to prevent future conversions of forest land and forest resources. (b) Protection of wildlife habitat, rare plants, and biodiversity. (c) Maintenance of habitat connectivity and related values needed to ensure the viability of wildlife populations across landscapes and regions. (d) Protection of riparian habitats, oak woodlands, ecological old growth forests, and other key forest types and seral stages that are poorly represented across landscapes and regions, and that play a key role in supporting biodiversity. (e) Protection of water quality, fisheries, and water supplies. (f) Maintenance and restoration of natural ecosystem functions. (g) Encouraging improvements to enhance long-term sustainable forest uses while providing forest areas with increased protection against other land uses that conflict with forest uses. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12220. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 3. Definitions [12220- 12220.] ( Article 3 added by Stats. 2007, Ch. 657, Sec. 1. )
This section defines terms used in the California Forest Legacy Program Act.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 3. Definitions [12220- 12220.] ( Article 3 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12220. Unless the context otherwise requires, the definitions in this article govern the construction of this division. (a) “Applicant” means a landowner who is eligible for cost-sharing grants pursuant to the federal Forest Legacy Program (16 U.S.C. Sec. 2103 et seq.) or who is eligible to participate in the California Forest Legacy Program and the operation of the program, with regard to that applicant, does not rely on federal funding. (b) “Biodiversity” is a component and measure of ecosystem health and function. It is the number and genetic richness of different individuals found within the population of a species, of populations found within a species range, of different species found within a natural community or ecosystem, and of different communities and ecosystems found within a region. (c) “Board” means the State Board of Forestry and Fire Protection. (d) “Conservation easement” has the same meaning as found in Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of Division 2 of the Civil Code. (e) “Conversions” is a generic term for situations in which forest lands become used for nonforest uses, particularly those uses that alter the landscape in a relatively permanent fashion. (f) “Department” means the Department of Forestry and Fire Protection and “director” means the Director of Forestry and Fire Protection. (g) “Forest land” is land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits. (h) “Landowner” means an individual, partnership, private, public, or municipal corporation, Indian tribe, state agency, county, or local government entity, educational institution, or association of individuals of whatever nature that own private forest lands or woodlands. (i) “Local government” means a city, county, district, or city and county. (j) “Nonprofit organization” means any qualified land trust organization, as defined in Section 170(h)(3) of Title 26 of the United States Code, that is organized for one of the purposes of Section 170(b)(1)(A)(vi) or 170(h)(3) of Title 26 of the United States Code, and that has, among its purposes, the conservation of forest lands. (k) “Program” means the California Forest Legacy Program established under this division. (l) “Woodlands” are forest lands composed mostly of hardwood species such as oak. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12230. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 4. Administration [12230 - 12231] ( Article 4 added by Stats. 2007, Ch. 657, Sec. 1. )
The department must carry out the California Forest Legacy Program.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 4. Administration [12230 - 12231] ( Article 4 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12230. The department shall carry out the California Forest Legacy Program. Nothing in this division alters the department’s responsibility for the administration of state, federal, or private funds that are allocated for the purpose of protecting private forest lands and all associated natural resources. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12231. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 4. Administration [12230 - 12231] ( Article 4 added by Stats. 2007, Ch. 657, Sec. 1. )
This section says the chapter does not give the department any new authority to affect local policy or land-use decisionmaking.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 1. General Provisions [12200 - 12231] ( Chapter 1 added by Stats. 2007, Ch. 657, Sec. 1. ) ## ARTICLE 4. Administration [12230 - 12231] ( Article 4 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12231. Nothing in this chapter grants any new authority to the department to affect local policy or land use decisionmaking. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12240. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
The California Forest Legacy Program is established. The Wildlife Conservation Board may acquire conservation easements for the department, and the state program should be coordinated with the federal program as much as possible.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12240. The California Forest Legacy Program is hereby established. The Wildlife Conservation Board may acquire conservation easements on behalf of the department, pursuant to this division. The California Forest Legacy Program may also include those activities eligible for funding under the federal Forest Legacy Program (16 U.S.C. Sec. 2103c), and the state program shall be coordinated with the federal program to the maximum amount possible. (Amended by Stats. 2012, Ch. 252, Sec. 2. (AB 2169) Effective January 1, 2013.) - 12241. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
The California Forest Legacy Program is to be funded from specified sources, including gifts, donations, federal grants and loans, other appropriate funding sources, and certain allocations and bond proceeds.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12241. Money to fund the California Forest Legacy Program shall be obtained from gifts, donations, federal grants and loans, other appropriate funding sources, and through the allocations for the California Wildlife Conservation Board, including those provided from the sale of general obligation bonds pursuant to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001)) and made available by the board pursuant to subdivision (a) of Section 75055 and pursuant to the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692 (commencing with Section 5096.300) of Division 5) and made available for appropriation pursuant to paragraph (4) of subdivision (a) of Section 5096.350. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12242. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
The program’s implementation includes certain costs, including conservation easement purchases or donations, technical assistance, technology transfer, and administrative costs.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12242. The implementation of the program includes the costs associated with the purchase or facilitated donation of conservation easements, technical assistance provided by the department, technology transfer activities of the department, and administrative costs incurred by the department in administering the program. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12244. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
Easements acquired under this program may be held by government entities or nonprofit land trust organizations, and the director must find that any conservation easement recipient is qualified to monitor and enforce the easement terms.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12244. Easements acquired under this program may be held by federal, state, or local government entities or by nonprofit land trust organizations. The director shall find that any recipient of a conservation easement is qualified to monitor and enforce the terms of the easement. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12245. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
The director may not disburse funds until the applicant agrees to specified conditions about use and enforcement of the conservation easement.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12245. The director shall not disburse any funds until the applicant agrees to both of the following: (a) That any conservation easement acquired shall be used by the applicant only for the purpose for which the funds were requested. (b) That the director shall find that any disposition of the easement is consistent with, and in furtherance of, the purposes of this division, that the recipient of the easement is qualified to monitor and enforce the easement, and that the conservation provisions of the easement remain in effect following the transfer. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12246. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
If the easement-holding agency or nonprofit land trust is dissolved, the easement must be transferred to a qualified public or nonprofit land trust organization.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12246. If a local, state, or national government agency or nonprofit land trust organization holding the easement is dissolved, the easement shall be transferred to an appropriate public or nonprofit land trust organization that is qualified to monitor and enforce the easement. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12247. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
An easement or its terms may be amended only with consent from all necessary parties, and the department must determine the amendment is consistent with this division.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12247. The easement, or any of its terms, may only be amended with the consent of all of the necessary parties to the easement. The department shall determine that the amendment is consistent with this division. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12248. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
The director may not disburse funds unless the applicant agrees to keep the land use restricted forever.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12248. The director shall not disburse any funds unless the applicant agrees to restrict the use of the land in perpetuity. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12249. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
The board must adopt rules and regulations to implement this division, including standards, criteria, and requirements for acquiring conservation easements.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12249. The board shall adopt rules and regulations for the implementation of this division, including the standards, criteria, and requirements necessary for acquiring conservation easements. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12249.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
Rules or regulations the board adopts under Section 12249 must follow the Administrative Procedure Act.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12249.5. Rules or regulations adopted by the board pursuant to Section 12249 shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12249.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. )
The department must review applications from landowners and decide whether to approve or disapprove conservation easement acquisitions on forest lands or woodlands.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 2. California Forest Legacy Program [12240 - 12249.6] ( Chapter 2 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12249.6. The department shall review, and approve or disapprove, applications from landowners for the acquisition of conservation easements on forest lands or woodlands. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12250. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 3. Eligibility Criteria [12250 - 12252] ( Chapter 3 added by Stats. 2007, Ch. 657, Sec. 1. )
An application to acquire a conservation easement must include enough information for the department to check eligibility and understand the conservation goals and environmental value of the parcel.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 3. Eligibility Criteria [12250 - 12252] ( Chapter 3 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12250. Every application for the acquisition of a conservation easement shall provide sufficient information to enable the department to verify the parcel’s eligibility for the program and to understand the conservation objectives and the parcel’s environmental value or potential to protect forest and aquatic resources. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12250.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 3. Eligibility Criteria [12250 - 12252] ( Chapter 3 added by Stats. 2007, Ch. 657, Sec. 1. )
When reviewing applications under this division, the department must decide whether a proposed conservation easement meets the chapter’s eligibility and selection criteria and follows any department rules or regulations.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 3. Eligibility Criteria [12250 - 12252] ( Chapter 3 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12250.5. In reviewing applications pursuant to this division, the department shall determine whether the proposed conservation easement meets the eligibility and selection criteria set forth in this chapter and conforms with any rules or regulations adopted by the department pursuant to this chapter. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12251. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 3. Eligibility Criteria [12250 - 12252] ( Chapter 3 added by Stats. 2007, Ch. 657, Sec. 1. )
Private forest land parcels must meet listed eligibility criteria before they are reviewed for the program.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 3. Eligibility Criteria [12250 - 12252] ( Chapter 3 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12251. Proposed conservation easements shall meet the eligibility criteria set forth in this section prior to review pursuant to the selection criteria set forth in Section 12260. To be eligible for participation, private forest land parcels proposed for protection under the program shall comply with all of the following: (a) Be subject to potential conversion. (b) Be owned by landowners who are willing and interested in selling or donating conservation easements. (c) Be forested with at least 10-percent canopy cover by conifer or hardwood species, or be capable of being so forested under natural conditions. (d) Possession of one or more environmental values of great concern to the public and the state: (1) Important fish and wildlife habitat. (2) Areas that can help maintain habitat connectivity across landscapes. (3) Rare plants. (4) Biodiversity. (5) Riparian habitats. (6) Oak woodlands. (7) Ecological old growth forests. (8) Other key forest types and seral stages that are poorly represented across California. (9) Lands that directly affect water quality and other watershed values. (e) Provision for continuity of one or more traditional forest uses, such as commodities production or habitat maintenance. (f) Possession of environmental values that can be protected and managed effectively through conservation easements at reasonable costs. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12252. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 3. Eligibility Criteria [12250 - 12252] ( Chapter 3 added by Stats. 2007, Ch. 657, Sec. 1. )
Public agencies may not require an easement as a condition for issuing a lease, permit, license, certificate, or other entitlement for use.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 3. Eligibility Criteria [12250 - 12252] ( Chapter 3 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12252. The easement shall not be required as a condition of any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, mitigating the significant effects on the environment of a project pursuant to an approved environmental impact report or mitigated negative declaration pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or pursuant to an approved environmental impact statement or a finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C.A. Sec. 4321 et seq.) or the federal Endangered Species Act of 1973 (16 U.S.C.A. Sec. 1531 et seq.). (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12260. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 4. Selection Criteria and Process [12260 - 12264] ( Chapter 4 added by Stats. 2007, Ch. 657, Sec. 1. )
If the department determines a proposed conservation easement meets eligibility criteria, it must review the application against the listed selection criteria.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 4. Selection Criteria and Process [12260 - 12264] ( Chapter 4 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12260. If the department determines that the proposed conservation easement meets the eligibility criteria set forth in Section 12251, the application shall be reviewed based upon the extent to which it satisfies all of the following selection criteria: (a) The nature of the environmental values proposed for protection, and whether they can be monitored efficiently and effectively. (b) Whether the parcels are likely to become isolated from other areas maintained for key forest resources by development on adjacent parcels. (c) Whether the landowner’s management goal for the landowner’s parcel is compatible with the resource protections the landowner is proposing. (d) Whether the landowner has developed, or commits to developing by the time the easement is finalized, a management plan equivalent to, or better than, a forest stewardship plan that governs management on the parcel. (e) Whether a nonprofit land trust organization, public agency, or other suitable organization has expressed an interest in working with the department and the landowner to establish, hold, and monitor the easement. (f) Whether other sources of funding for easement acquisition, closing costs, monitoring, and other costs are available. (g) Other relevant considerations established by the director. (Amended by Stats. 2021, Ch. 133, Sec. 97. (SB 272) Effective July 23, 2021.) - 12262. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 4. Selection Criteria and Process [12260 - 12264] ( Chapter 4 added by Stats. 2007, Ch. 657, Sec. 1. )
An applicant must hire and keep an independent real estate appraiser to value the conservation easement.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 4. Selection Criteria and Process [12260 - 12264] ( Chapter 4 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12262. An applicant shall select and retain an independent real estate appraiser to determine the value of the conservation easement, which shall be calculated by determining the difference between the fair market value and the restricted value of the property. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12263. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 4. Selection Criteria and Process [12260 - 12264] ( Chapter 4 added by Stats. 2007, Ch. 657, Sec. 1. )
The department must act on a conservation easement application within 180 days and notify the applicant in writing within 10 days after its decision.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 4. Selection Criteria and Process [12260 - 12264] ( Chapter 4 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12263. The department shall act on an application for the acquisition of a conservation easement within 180 days of its receipt, and shall notify the applicant in writing of approval or disapproval of the application within 10 days of the decision of the department. The written notice regarding a disapproval decision shall state the reason for the disapproval of the application. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12264. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 4. Selection Criteria and Process [12260 - 12264] ( Chapter 4 added by Stats. 2007, Ch. 657, Sec. 1. )
The department may disapprove an application to acquire a conservation easement if specified conditions are met.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 4. Selection Criteria and Process [12260 - 12264] ( Chapter 4 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12264. The department may disapprove the application for the acquisition of a conservation easement in any of the following circumstances: (a) The application does not satisfy the eligibility criteria set forth in Section 12251 or selection criteria set forth in Section 12260. (b) Clear title to the conservation easement cannot be conveyed. (c) There is insufficient money in the fund to carry out the acquisition. (d) Other acquisitions have a higher priority. (e) Other relevant considerations established by the director. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12275. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 5. Easement Monitoring and Management [12275 - 12276] ( Chapter 5 added by Stats. 2007, Ch. 657, Sec. 1. )
Certain easement holders must monitor the easement, and they may also make a cooperative agreement with another qualified entity to help monitor it.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 5. Easement Monitoring and Management [12275 - 12276] ( Chapter 5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12275. The department, local government entity, or nonprofit land trust organization acquiring an easement pursuant to this division shall monitor that easement in order to assess the condition of the resources being protected and to ensure that the terms of the easement are being followed. Entities acquiring easements may also enter into a cooperative agreement with another qualified entity to monitor the easement. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 12276. Verify source ↗
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 5. Easement Monitoring and Management [12275 - 12276] ( Chapter 5 added by Stats. 2007, Ch. 657, Sec. 1. )
The department must make sure a conservation-easement acquirer has enough funding or other support for monitoring and can enforce the easement if its terms are not met.
## Public Resources Code - PRC ## DIVISION 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 [12200 - 12276] ( Division 10.5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## CHAPTER 5. Easement Monitoring and Management [12275 - 12276] ( Chapter 5 added by Stats. 2007, Ch. 657, Sec. 1. ) ## 12276. The department shall ensure that any entity acquiring a conservation easement acquired pursuant to this division has adequate funding for, or otherwise adequately provides for, easement monitoring pursuant to this division, and is able to enforce the easement if its provisions are not satisfied. (Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.) - 13. Verify source ↗
## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )
This provision says that singular words include the plural, and plural words include the singular.
## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 13. The singular number includes the plural, and the plural the singular. (Enacted by Stats. 1939, Ch. 93.) - 13000. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 1. General Provisions [13000 - 13003] ( Chapter 1 added by Stats. 1961, Ch. 2069. )
The Legislature states that certain seasonal resort areas need extended governmental services and public improvements, and that this division is intended to provide a way to furnish and finance them, including through taxes within those areas.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 1. General Provisions [13000 - 13003] ( Chapter 1 added by Stats. 1961, Ch. 2069. ) ## 13000. The Legislature hereby finds and declares that there exists throughout the State large unincorporated areas which are particularly suited to and used for recreation resort purposes, and which are held and used by residents of this State but which are inhabited only seasonally. The Legislature further finds and declares that these resort areas are not suited to full urban development without destroying the very nature of the areas; but the seasonal residents of these areas are, nevertheless, in need of extended governmental services; and that the extension of governmental services and the construction and financing of public improvements in these resort areas is complicated by the facts that: (a) many of the services are needed only seasonally, and (b) most of the landowners whose property is benefited by the public improvements, because they are technically nonresidents, are without voice in the direction or method of financing of the necessary services and improvements. It is the intent of the Legislature in enacting this division to provide an alternative method for the furnishing of extended governmental services, including the construction and financing of public improvements, within recreation resort areas adequate to meet the needs of such areas; and to provide for the levy of taxes within such areas in an amount sufficient to pay for extended services provided, additional extended services to be provided, and for public improvements installed or constructed. (Added by Stats. 1961, Ch. 2069.) - 13001. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 1. General Provisions [13000 - 13003] ( Chapter 1 added by Stats. 1961, Ch. 2069. )
This division is named the “Resort Improvement District Law.”
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 1. General Provisions [13000 - 13003] ( Chapter 1 added by Stats. 1961, Ch. 2069. ) ## 13001. This division shall be known and may be cited as the “Resort Improvement District Law.” (Added by Stats. 1961, Ch. 2069.) - 13002. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 1. General Provisions [13000 - 13003] ( Chapter 1 added by Stats. 1961, Ch. 2069. )
A resort improvement district in one county may be established only if at least 80% of the land’s assessed valuation is in nonresident ownership.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 1. General Provisions [13000 - 13003] ( Chapter 1 added by Stats. 1961, Ch. 2069. ) ## 13002. A resort improvement district consisting of unincorporated territory in one county may be established pursuant to this division, provided that 80 percent or more of the assessed valuation of the land in the district as shown on the last equalized county assessment roll is in nonresident ownership. (Added by Stats. 1961, Ch. 2069.) - 13003. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 1. General Provisions [13000 - 13003] ( Chapter 1 added by Stats. 1961, Ch. 2069. )
After September 17, 1965, no new resort improvement districts may be created or organized under this division, except in the Fallen Leaf Lake watershed within the Lake Tahoe watershed.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 1. General Provisions [13000 - 13003] ( Chapter 1 added by Stats. 1961, Ch. 2069. ) ## 13003. No additional districts shall be created or organized under this division after September 17, 1965, except in the Fallen Leaf Lake watershed within the Lake Tahoe watershed. The provisions of Section 13075 shall not apply in the Fallen Leaf Lake watershed within the Lake Tahoe watershed. (Amended by Stats. 1976, Ch. 1281.) - 13010. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. )
Terms defined in this chapter apply as stated, unless the context requires a different meaning.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. ) ## 13010. The terms defined in this chapter have the meaning set forth unless the context requires a different meaning. (Added by Stats. 1961, Ch. 2069.) - 13011. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. )
“District” means a district created under this division.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. ) ## 13011. “District” means a district created pursuant to this division. (Added by Stats. 1961, Ch. 2069.) - 13012. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. )
“District board” means the district’s board of directors.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. ) ## 13012. “District board” means the board of directors of the district. (Added by Stats. 1961, Ch. 2069.) - 13013. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. )
“County” means the county in which the district is located.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. ) ## 13013. “County” means the county in which the district in located. (Added by Stats. 1961, Ch. 2069.) - 13014. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. )
This section defines “board of supervisors” and “board” as the county board of supervisors.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. ) ## 13014. “Board of supervisors” and “board” means the board of supervisors of the county. (Added by Stats. 1961, Ch. 2069.) - 13015. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. )
This definition says “charges” includes fees, tolls, rates, and rentals.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. ) ## 13015. “Charges” includes fees, tolls, rates, and rentals. (Added by Stats. 1961, Ch. 2069.) - 13016. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. )
This section defines “land” for the district and excludes improvements, personal property, and utility property.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. ) ## 13016. “Land” means land in the district and does not include improvements or personal or utility property. (Added by Stats. 1961, Ch. 2069.) - 13017. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. )
This section defines “legal representative” for a corporation owner.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. ) ## 13017. “Legal representative” means an officer or other person or persons appointed to serve as such by the board of directors of a corporation owner. (Added by Stats. 1961, Ch. 2069.) - 13018. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. )
“Owner” means the owner of land as shown on the last equalized county assessment roll.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. ) ## 13018. “Owner” means the owner of land as shown on the last equalized county assessment roll. (Added by Stats. 1961, Ch. 2069.) - 13019. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. )
This section defines “voter” for this district as a voter under Elections Code Section 359 who lives within the district boundaries.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. ) ## 13019. “Voter” means a voter, as defined in Section 359 of the Elections Code, who resides within the boundaries of the district. (Amended by Stats. 1997, Ch. 140, Sec. 1. Effective January 1, 1998.) - 13020. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. )
“Nonresident landowner” means a person or entity that owns land in the district but has an actual residence elsewhere.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 2. Definitions [13010 - 13020] ( Chapter 2 added by Stats. 1961, Ch. 2069. ) ## 13020. “Nonresident landowner” means a person or persons, association, corporation, or partnership owning land within the district but having his actual residence elsewhere. (Added by Stats. 1961, Ch. 2069.) - 13031. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
The board of supervisors is the district’s governing body, and the County Service Area Law generally applies to how the district conducts business unless this division says otherwise.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13031. The board of supervisors is the governing body of the district, and, unless otherwise provided in this division, the provisions of the County Service Area Law (Chapter 2.5 (commencing with Section 25210) of Part 2 of Division 2 of Title 3 of the Government Code) shall apply to the conduct of the business of the district. (Amended by Stats. 2008, Ch. 158, Sec. 14. Effective January 1, 2009.) - 13032. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
The board of supervisors may form a board of directors for the district if it considers that advisable.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13032. If deemed advisable by the board of supervisors a board of directors for the district may be formed. (Added by Stats. 1961, Ch. 2069.) - 13033. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
The board of supervisors may give powers to a district’s board of directors, and the district board has whatever powers are given to it.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13033. The board of directors of any district formed pursuant to this division shall have such powers as the board of supervisors may from time to time give to them. The board of supervisors may grant to the board of directors of the district any powers herein given to the board of supervisors. (Added by Stats. 1961, Ch. 2069.) - 13034. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
The district board must have five members, with either one supervisor serving as the fifth member or, if the district chooses by unanimous director vote, all five members elected from the district.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13034. The district board shall consist either of five members, four of which shall be elected from the district and the fifth which shall be the supervisor who represents the area in which the district or major portion thereof is located; or, if the district so elects, by unanimous vote of the directors, the district board shall consist of five members who shall be elected from the district. (Amended by Stats. 1973, Ch. 531.) - 13034.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
The district board may call a special election to replace the supervisorial member, and the district must reimburse local government costs if it does so.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13034.5. If a district elects pursuant to Section 13034 to have the district board consist of five members elected from the district, the district board may call a special election for the purpose of electing a district board member to succeed the supervisorial member on the district board. A special election called pursuant to this section shall be called and conducted in accordance with the provisions of Chapter 4 (commencing with Section 13050) of this division. A person elected to a district board at a special election pursuant to this section shall hold office until the next succeeding general district election and until the election and qualification of his successor. Thereafter, the term of office of such elected board member shall be four years. If a special election is not called, the successor to the supervisorial member shall be elected at the next general district election. Any supervisor serving as a district board member when an election is held pursuant to this section shall remain in office until the election and qualification of his successor. Any district electing to call a special election pursuant to the provisions of this section shall reimburse any local government for any costs incurred by such local government by reason of the provisions of this section. (Added by Stats. 1973, Ch. 531.) - 13035. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
The district’s directors must be voters in the district, except for the supervisorial member.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13035. Exclusive of the supervisorial member, the directors shall be voters in the district. (Amended by Stats. 1997, Ch. 140, Sec. 2. Effective January 1, 1998.) - 13035.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
After January 1, 1998, district directors whose terms have not expired continue serving until their terms end and successors are elected, and the ballot and election conduct must follow the Uniform District Election Law.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13035.1. The number of directors elected by voters in the district at the first general district election held after January 1, 1998, shall be equal to the number of directors whose terms have expired by the date of that election. Any director whose term has not expired by the date of that election shall continue to serve until the person’s term of office expires and the person’s successor has been elected by the voters in the district. At the first general district election held after January 1, 1998, and at all subsequent general district elections, the form of the ballot and the conduct of the election shall comply with the requirements of the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) governing resident voting elections. (Added by Stats. 1997, Ch. 140, Sec. 3. Effective January 1, 1998.) - 13036. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
The board of supervisors must fill all vacancies in the office of director by appointment.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13036. All vacancies in the office of director shall be filled by appointment by the board of supervisors. (Added by Stats. 1961, Ch. 2069.) - 13037. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
An appointment to fill a director vacancy lasts for the rest of the unexpired term, and continues until a successor is elected or appointed.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13037. An appointment to fill a vacancy in the office of director shall be for the unexpired term of the office in which the vacancy exists, and until the election or appointment of his successor. (Added by Stats. 1961, Ch. 2069.) - 13038. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
Each year, the district board must elect one of its members as president and appoint a secretary.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13038. Once each year, the district board shall elect one of its members to serve as president and shall appoint a secretary, who may be a member of the board. (Amended by Stats. 1968, Ch. 302.) - 13039. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
The district board must hold all of its sessions in public.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13039. All sessions of the district board shall be public. (Added by Stats. 1961, Ch. 2069.) - 13040. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
The district board must set the time and place of its meetings, how special meetings are called, and its rules of procedure.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13040. The district board by resolution, shall provide for the time and place of its meetings, the manner of calling special meetings and shall establish rules for its proceedings. (Added by Stats. 1961, Ch. 2069.) - 13041. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. )
The district board may approve limited compensation and expense reimbursement for directors, and the secretary must receive board-set compensation.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 3. General Administrative Provisions [13031 - 13041] ( Chapter 3 added by Stats. 1961, Ch. 2069. ) ## 13041. (a) Any compensation provided pursuant to this section shall comply with Articles 2.3 (commencing with Section 53232) and 2.4 (commencing with Section 53234) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (b) The district board may authorize each director to receive compensation not exceeding twenty-five dollars ($25) for each meeting of the board attended by the director within the State of California, not exceeding two meetings in any calendar month, plus reimbursement for actual and necessary expenses incurred in the performance of these duties. (c) The district board may authorize a director to receive for performing duties for the district other than attending board meetings: (1) Not to exceed twenty-five dollars ($25) for each day, but payment is limited to five days in any calendar month as to each director other than the president. (2) Actual and necessary expenses incurred in the performance of these duties. (d) The secretary shall receive compensation set by the board, which compensation shall be in lieu of any other compensation to which the secretary may be entitled for attendance at meetings pursuant to this section. (Amended by Stats. 2009, Ch. 332, Sec. 79. (SB 113) Effective January 1, 2010.) - 13050. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. )
After the board of supervisors authorizes a district board, a general district election must be held in odd-numbered years on the first Tuesday after the first Monday in November.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. ) ## 13050. After the authorization of a district board by the board of supervisors, a general district election shall be held on the first Tuesday after the first Monday in November in odd-numbered years, commencing with the first odd-numbered year following the formation of the district board. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 16.) - 13050.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. )
Districts governed by this division must follow the Uniform District Election Law, unless this division provides otherwise.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. ) ## 13050.5. Except as otherwise provided in this division, districts governed by this division are subject to the provisions of the Uniform District Election Law. (Added by Stats. 1966, 1st Ex. Sess., Ch. 16.) - 13051. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. )
The board may call a special election at any time.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. ) ## 13051. A special election may be called by the board to be held at any time. (Added by Stats. 1961, Ch. 2069.) - 13052. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. )
At any special district election, the board sets the hours the polls are open.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. ) ## 13052. The hours during which the polls shall be opened at any special district election shall be as established by the board. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 16.) - 13053. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. )
Notices of elections must be given as nearly as practicable under the general laws for county election notices.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. ) ## 13053. Notices of elections shall be given as nearly as practicable in accordance with the general laws regarding notices of county election. (Added by Stats. 1961, Ch. 2069.) - 13058. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. )
Each voter defined in Section 13019 has one vote.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. ) ## 13058. Each voter, as defined in Section 13019, shall have one vote. (Amended by Stats. 1965, Ch. 612.) - 13060. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. )
This section sets the term lengths for district board members elected in the first district board election, and sets the later term of office for district board members.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. ) ## 13060. In the first district board election the two candidates receiving the highest number of votes shall be elected for four years, the candidates which are elected receiving the third and fourth highest number of votes shall be elected for two years. After the first district board election the term of office of all district board members, except for the supervisorial member, shall be four years, or until the election or appointment and qualification of his successor. (Added by Stats. 1961, Ch. 2069.) - 13062. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. )
A proposition needs a majority of the votes cast to be approved.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 4. Elections [13050 - 13062] ( Chapter 4 added by Stats. 1961, Ch. 2069. ) ## 13062. A majority of the votes cast shall be required to approve a proposition. (Added by Stats. 1961, Ch. 2069.) - 13070. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. )
A resort improvement district may carry out a listed set of public works and service functions, including water, sewage, recreation, streets, parking, and related facilities.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. ) ## 13070. The district may acquire, construct, maintain, and operate property, works, and facilities for any one or more of the following purposes: (a) To supply the inhabitants of the district with water for domestic use, irrigation, sanitation, industrial use, fire protection, and recreation. (b) The collection, treatment, or disposal of sewage, waste, and storm water of the district and its inhabitants. (c) To exercise any of the powers, functions, and duties which are vested in, or imposed upon, a fire protection district pursuant to the Fire Protection District Law of 1987, Part 3 (commencing with Section 13800) of Division 12 of the Health and Safety Code. If the district includes any part of any local agency which provides fire protection service to any territory in the district, the district shall have no authority regarding the prevention or suppression of fires in that territory unless the district has obtained the consent of the local agency. (d) Comprehensive planning for the physical growth of the area within the district. (e) The collection or disposal of garbage or refuse matter. (f) Public recreation by means of parks, including, but not limited to, acquatic parks and recreational harbors, playgrounds, golf courses, swimming pools, or recreation buildings for all-year recreation, including, but not limited to, facilities for public and private meetings, and other public squares and places. (g) Street lighting. (h) Mosquito abatement. (i) The equipment and maintenance of a police department or other police protection to protect and safeguard life and property. (j) The opening, widening, extending, straightening, and surfacing, in whole or part, of any street in the district, subject to the consent of the Department of Transportation, with respect to state highways, and local authorities, as defined in Section 385 of the Vehicle Code, with respect to highways under their jurisdiction. (k) The construction and improvement of bridges, culverts, curbs, gutters, drains, and works incidental to the purposes specified in subdivision (j), subject to the consent of the Department of Transportation, with respect to state highways, and local authorities, as defined in Section 385 of the Vehicle Code, with respect to highways under their jurisdiction. (l) The construction and maintenance of parking facilities and other transportation facilities. (Amended by Stats. 1989, Ch. 45, Sec. 2. Effective June 15, 1989.) - 13070.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. )
In this chapter, “acquire” includes taking by condemnation, purchase, or lease, and receiving by donation or dedication.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. ) ## 13070.1. As used in this chapter, “acquire” includes, but is not restricted to, taking by condemnation, purchase, or lease and receiving by donation or dedication. (Added by Stats. 1975, Ch. 582.) - 13071. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. )
The district may hold, use, enjoy, lease, or dispose of its property.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. ) ## 13071. The district may hold, use, enjoy, lease or dispose of any of its property. (Added by Stats. 1968, Ch. 302.) - 13072. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. )
If the board finds by resolution that conditions are met, it may call a special district election or use the next general district election to ask voters to adopt additional district purposes.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. ) ## 13072. Whenever the board determines by resolution that it is feasible, economically sound, and in the public interest, for the district to exercise its powers for any of the purposes specified in Section 13070, and not specified in the resolution establishing the district, the board may call a special district election and submit to the voters of the district, or submit to them at the next general district election, the question of whether the district should adopt such additional purpose or purposes. If a majority of the votes cast at the election upon such proposition shall be in favor of the adoption of such additional purpose or purposes, then the powers of the district may be exercised therefor. (Added by Stats. 1961, Ch. 2069.) - 13073. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. )
Bonded indebtedness may be incurred within the district as provided by this section.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. ) ## 13073. Bonded indebtedness may be incurred within the district in the manner herein provided. (Added by Stats. 1961, Ch. 2069.) - 13074. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. )
The board may require district residents and property owners to connect certain buildings to district sewer, storm drain, or water facilities and to use district garbage and refuse services. It may also charge reasonable and necessary fees for those services.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. ) ## 13074. The board may compel all residents and property owners in the district to connect their houses, habitations and structures requiring sewage or drainage disposal service or a joint water system with the sewer and storm drains or water facilities of the district, and to use district garbage and refuse removal service and facilities. The board may charge reasonable and necessary fees for these services. (Amended by Stats. 1989, Ch. 789, Sec. 22.) - 13075. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. )
A district may not start new activities or services beyond what it was already doing, providing, or budgeting for as of July 1, 1970, and it may not restart terminated activities or services. The district board must certify certain activities and outstanding obligations by January 1, 1972.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. ) ## 13075. (a) No district shall engage in any activity or provide any service not already engaged in or provided, or budgeted for, as of July 1, 1970. Whenever any activity or service of a district is terminated, it shall not be reactivated. (b) Notwithstanding the provisions of subdivision (a), any obligations of a district which are outstanding as of the effective date of this section shall be considered exceptions to subdivision (a) and may be fully performed, and the provisions of this section shall not be construed in any manner so as to impair the contractual rights of any person. (c) On or before January 1, 1972 the district board shall certify in writing to the Secretary of State any and all activities and services being engaged in or provided, or budgeted for, as of July 1, 1970, and all outstanding obligations of the district as of the effective date of this section, and shall transmit a copy of such certification to the State Controller, which shall be presumptive evidence of the activities authorized to be performed by the district. (Added by Stats. 1971, Ch. 301.) - 13076. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. )
The district may produce, purchase, and sell electrical power within its boundaries. Challenges to certain district rate or charge decisions generally must be filed within 120 days, subject to a stated exception.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 5. Powers [13070 - 13076] ( Chapter 5 added by Stats. 1961, Ch. 2069. ) ## 13076. (a) Notwithstanding any other provision of this chapter, and in addition to any other powers conferred thereby, Resort Improvement District Number 1, in the County of Humboldt, may produce, purchase, and sell electrical power within the boundaries of the district. (b) Except as provided in subdivision (c), any judicial action or proceeding against the district to attack, review, set aside, void, or annul an ordinance, resolution, or motion fixing or changing a rate or charge for an electric commodity or an electric service furnished by the district and adopted on or after July 1, 2000, shall be commenced within 120 days of the effective date of that ordinance, resolution, or motion. (c) The statute of limitations set forth in subdivision (b) does not apply to any judicial action or proceeding filed pursuant to Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2 of Title 5 of the Government Code to protest or challenge a rate or charge or to seek the refund of a capital facilities fee if the notice and disclosure requirements of Section 54999.35 of the Government Code have not been followed. (Amended by Stats. 2000, Ch. 146, Sec. 4. Effective July 21, 2000.) - 13100. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
If the board decides the district should incur bonded debt, it must adopt a resolution stating the necessity, purpose, amount, and the time and place for a hearing.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13100. Whenever the board deems it necessary for the district to incur a bonded indebtedness, it shall by resolution set forth all of the following: (a) A declaration of the necessity for the indebtedness. (b) The purpose for which the proposed debt is to be incurred. (c) The amount of the proposed debt. (d) The time and place for a hearing by the board on the questions: (1) Will the whole or a portion of the district be benefited by the accomplishment of the purpose? (2) If only a portion of the district will be benefited, what portion will be so benefited? (Added by Stats. 1961, Ch. 2069.) - 13101. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The hearing notice must be published by printing a copy of the resolution in a newspaper of general circulation in the area, following Government Code Section 6066.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13101. Notice of the hearing shall be given by publication of a copy of the resolution pursuant to Section 6066 of the Government Code in a newspaper of general circulation circulated within the area. (Added by Stats. 1961, Ch. 2069.) - 13102. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
When a resolution is published, the published copy must be accompanied by a notice signed by the clerk.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13102. The copy of the resolution published shall be accompanied by a notice subscribed by the clerk that: (a) The hearing referred to in the resolution will be had at the time and place specified in the resolution. (b) At that time and place any person interested, including all persons owning property in the district, will be heard upon the question stated in the resolution. (Added by Stats. 1961, Ch. 2069.) - 13103. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The board must proceed with the hearing at the scheduled time and place, or at any adjourned time and place.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13103. At the time and place fixed for the hearing on the resolution declaring the necessity for incurring the bonded indebtedness or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing. (Added by Stats. 1961, Ch. 2069.) - 13104. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
At the hearing, interested people, including property owners in the district, may appear and present relevant matters.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13104. At the hearing any person interested, including persons owning property within the district, may appear and present any matters material to the questions set forth in the resolution declaring the necessity for incurring the bonded indebtedness. (Added by Stats. 1961, Ch. 2069.) - 13105. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
After the hearing ends, the board must decide by resolution whether all or part of the district will benefit from the stated purpose.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13105. At the conclusion of the hearing, the board shall by resolution determine whether the whole or part of the district will be benefited by the accomplishment of the purpose stated in the resolution. (Added by Stats. 1961, Ch. 2069.) - 13106. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
If the board decides the whole district will not be benefited, the resolution must describe the benefited portion clearly enough to identify it.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13106. If the board determines that the whole of the district will not be benefited, the resolution shall also describe the portion of the district which will be benefited, in a manner sufficient for identification, which portion of the district described in the resolution shall thereupon constitute and be known as “Improvement Area No. ____” of the district. (Added by Stats. 1961, Ch. 2069.) - 13107. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
After an improvement area is formed, bond-election and tax proceedings for paying the bonds and interest are limited to that improvement area only.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13107. After the formation of an improvement area within the district pursuant to this chapter, all proceedings for the purpose of a bond election within the improvement area and for the purpose of taxation for the payment of the bonds and interest shall be limited, and apply only to the improvement area. (Added by Stats. 1961, Ch. 2069.) - 13108. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The board’s determination about whether the whole district or only part of it will benefit from the bond issue is final and conclusive.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13108. The determination of the board that the whole of the district will be benefited by the bond issue or only that a described portion of the district will be benefited by the bond issue is final and conclusive. (Added by Stats. 1961, Ch. 2069.) - 13109. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
If the board decides to incur bonded indebtedness, it must adopt a resolution stating several required items, including the debt amount, purpose, election details, and limits on bond term and interest rate.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13109. After the board has made its determination pursuant to Section 13105, if it deems it necessary to incur the bonded indebtedness, it shall by resolution state: (a) That it deems it necessary to incur the bonded indebtedness. (b) The purpose for which the bonded indebtedness will be incurred. (c) Either of the following in accordance with its previous determination: (1) That the whole of the district will be benefited by incurring the bonded indebtedness. (2) That a portion of the district will be benefited by incurring the bonded indebtedness, which portion shall be described in the resolution of the board made pursuant to Section 13105. (d) The amount of debt to be incurred. (e) The maximum term the bonds to be issued shall run before maturity, which term shall not exceed 40 years. (f) The annual rate of interest to be paid, which rate shall not exceed 7 percent, payable annually or semiannually, or in part annually and in part semiannually. (g) The proposition to be submitted to the voters. (h) The date of the special district election (which may be consolidated with a general election) at which such proposition shall be submitted to the voters; the hours between which the polls shall be open; the boundaries of voting precincts within the area or portion thereof benefited by incurring the bonded indebtedness; the location of polling places; and the names of the officers selected to conduct such election in each precinct, who shall consist of one judge, one inspector and two clerks. (Added by Stats. 1961, Ch. 2069.) - 13110. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The Section 13109 resolution serves as notice of the special bond election and must be published in a newspaper of general circulation in the area, following Government Code Section 6066.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13110. The resolution provided for in Section 13109 shall constitute the notice of such special bond election and such resolution shall be published pursuant to Section 6066 of the Government Code in a newspaper of general circulation circulating within the area. (Added by Stats. 1961, Ch. 2069.) - 13111. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
Election Code rules for general elections apply to district elections when they are applicable, but local-election rules and this division control if there is a conflict.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13111. The provisions of the Elections Code relating to the qualifications of electors, the manner of voting, the duties of election officers, the canvassing of returns, and all other particulars in respect to the management of general elections so far as they may be applicable shall govern all district elections except: (a) To the extent that the provisions of the Elections Code pertaining to the conduct of local elections are inconsistent with the provisions of that code pertaining to general elections, the provisions pertaining to local elections shall control. (b) Inconsistent provisions of this division shall control over any provisions of the Elections Code. (Amended by Stats. 1981, Ch. 714, Sec. 368.) - 13112. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
Only voters in the area designated under Section 13109 may vote on the bond proposition.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13112. Every voter within the area designated in the resolution adopted pursuant to Section 13109, but no others, may vote on the proposition to authorize the bonds. If the area does not include the entire district, a separate ballot shall be prepared for the vote upon such proposition and only the voters entitled thereto shall be given such ballots. (Added by Stats. 1961, Ch. 2069.) - 13113. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
A two-thirds vote is required to issue general obligation bonds.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13113. A two-thirds vote shall be required for the issuance of general obligation bonds. (Added by Stats. 1961, Ch. 2069.) - 13114. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
If two-thirds of the votes cast at the election favor incurring the indebtedness, the board may adopt a resolution to set the form, execution, and issuance of the bonds.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13114. If two-thirds of the vote cast at the election are in favor of incurring the indebtedness, the board may by resolution, at the time or times it deems proper, provide for the following: (a) The form of the bonds. (b) The execution of the bonds. (c) The issuance of any part of the bonds. (Added by Stats. 1961, Ch. 2069.) - 13115. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The bonds must be signed by the chair and countersigned by the clerk or deputy; the coupons must be signed by the clerk or deputy, and the bonds are payable at the county treasurer’s office.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13115. The bonds shall be signed by the chair of the board and countersigned by the clerk of the board or the clerk’s deputy and the coupons shall be signed by the clerk of the board or the clerk’s deputy. All signatures, except that of the clerk, on the bonds may be printed, lithographed, or engraved. If an officer whose signature appears on the bonds or coupons ceases to be an officer before the delivery of the bonds, the signature is as effective as if the officer had remained in office. All bonds shall be payable at the office of the county treasurer, who is the depositary of the district. (Amended by Stats. 2010, Ch. 213, Sec. 16. (AB 2768) Effective January 1, 2011.) - 13116.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
An action to determine the validity of bonds may be brought under the referenced Code of Civil Procedure chapter.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13116.5. An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2006, Ch. 68, Sec. 5. Effective January 1, 2007.) - 13117. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The district may sell issued bonds, but all bonds must be sold on sealed proposals to the highest bidder, and public notice must be given as the board decides.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13117. The district may sell the bonds so issued at the times or in the manner the board deems to be to the public interest, provided, that all bonds shall be sold on sealed proposals to the highest bidder. Public notice shall be given in the manner determined by the board. If no bids are received or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any, and either readvertise or sell the bonds at private sale. (Added by Stats. 1961, Ch. 2069.) - 13118. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
Bonds issued by areas organized under this division have the same force and value as municipal bonds and are exempt from state taxation.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13118. Any bonds issued by any area organized under this division are hereby given the same force, value, and use as bonds issued by any municipality and shall be exempt from all taxation within the state. All bonds issued by any area payable from taxes are legal investments for all trust funds, for the trust funds of all insurance companies, the state school funds, and any funds that may be invested in bonds of cities, counties, cities and counties, school districts, or municipalities in the state. (Amended by Stats. 1991, Ch. 1226, Sec. 22.5.) - 13119. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The board may, by resolution, submit bond measures to voters to refund outstanding district bonds or improvement area bonds.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13119. The board may, by resolution, do the following: (a) Submit to voters a measure to issue new bonds to refund any or all of the district bonds outstanding. (b) Submit to the voters of any improvement area a measure to issue new bonds to refund any improvement area bonds outstanding. (Added by Stats. 1961, Ch. 2069.) - 13120. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The measure may be voted on at any district election, or an election may be called for that purpose.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13120. The measure may be voted on at any district election or an election may be called for the purpose. (Added by Stats. 1961, Ch. 2069.) - 13121. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The election procedure must generally follow the procedure for an original bond issue, with two exceptions: no hearing is required on district-wide benefit, and a two-thirds vote of voters on the measure is enough to authorize refunding bonds.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13121. The procedure upon the election shall be in accordance, so far as applicable, with the procedure upon an original issue of bonds, except that: (a) No hearing need be held upon the question whether the bond issue will benefit the entire district or only a portion of it. (b) A vote of two-thirds of the voters voting upon the measure is sufficient to authorize the issue of refunding bonds. (Added by Stats. 1961, Ch. 2069.) - 13122. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
Refunding bonds may be exchanged for original bonds if the original bondholders and the board agree.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13122. The refunding bonds may, if the holders of the bonds of an original issue and the board so agree, be exchanged for original bonds. (Added by Stats. 1961, Ch. 2069.) - 13123. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
Refunding bonds exchanged for original bonds cannot have a higher face value than the original bonds.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13123. The face value of refunding bonds exchanged for original bonds shall not exceed the face value of the original bonds. (Added by Stats. 1961, Ch. 2069.) - 13124. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The board may raise money through rates or taxes to pay principal and interest on refunding bonds.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13124. The board may raise money by rates or taxes to pay principal and interest of the refunding bonds in the same manner as prescribed for payment of bonds of an original issue. (Added by Stats. 1961, Ch. 2069.) - 13125. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The district’s bonds may be made callable if the board adopts a resolution at or before the bonds are issued.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13125. Any bonds issued by the district may be made callable by resolution of the board adopted at or prior to the time of issuing the bonds. (Added by Stats. 1961, Ch. 2069.) - 13126. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
If bonds are made callable, the bond must state that on its face.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13126. When bonds are made callable a statement to that effect shall be set forth on the face of the bond. (Added by Stats. 1961, Ch. 2069.) - 13127. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
Callable bonds may be redeemed before maturity on any interest payment date, and the board may set the redemption amounts, manner, and prices in the Section 13125 resolution.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13127. Callable bonds may be redeemed on any interest payment date prior to their fixed maturity in such amounts and manner and at such prices as the board may prescribe in the resolution provided for in Section 13125. (Added by Stats. 1961, Ch. 2069.) - 13128. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
The redemption notice for the bonds must be published in a newspaper chosen by the board, and the first publication must be 30 to 90 days before the redemption date.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13128. Notice designating the bonds called for redemption shall be published in a newspaper determined by the board to be the one most likely to reach the holders of the bonds. The first publication of the redemption notice shall not be less than 30 nor more than 90 days prior to the date fixed for redemption. (Added by Stats. 1961, Ch. 2069.) - 13129. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. )
If the district has set aside funds by the redemption date, interest on the called bonds stops. The chapter does not apply to proceedings involving revenue bonds of a county service area.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 6. Bonds [13100 - 13129] ( Chapter 6 added by Stats. 1961, Ch. 2069. ) ## 13129. If on the date fixed for redemption the district has provided funds available for payment of the principal and interest of the bonds called, interest on them ceases. None of the provisions of this chapter shall apply to any proceedings for the authorization, issue or sale of revenue bonds of a county service area. (Added by Stats. 1961, Ch. 2069.) - 13140. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 7. Revenue Bonds [13140 - 13141] ( Chapter 7 added by Stats. 1961, Ch. 2069. )
The district may issue revenue bonds for acquiring and constructing improvements, property, or facilities within the district.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 7. Revenue Bonds [13140 - 13141] ( Chapter 7 added by Stats. 1961, Ch. 2069. ) ## 13140. Revenue bonds may be issued by the district for the acquisition and construction, or acquisition or construction of any improvements or property or facilities contained within the district. (Added by Stats. 1961, Ch. 2069.) - 13141. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 7. Revenue Bonds [13140 - 13141] ( Chapter 7 added by Stats. 1961, Ch. 2069. )
Revenue bond proceedings must generally follow the Revenue Bond Law of 1941, with the board given powers and duties and bondholders given rights and remedies.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 7. Revenue Bonds [13140 - 13141] ( Chapter 7 added by Stats. 1961, Ch. 2069. ) ## 13141. Proceedings for the authorization, issuance, sale, security, and payment of revenue bonds shall be had, the board shall have the powers and duties, and the bondholders shall have the rights and remedies, all in substantial accordance with and with like legal effect as provided in the Revenue Bond Law of 1941, Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code; provided, however, that qualified voters at the election therein provided shall be voters as defined in this division, and the method of voting shall be as herein provided. As used therein the word “resolution” shall mean ordinance, the words “local agency” shall mean district, and the words “legislative body” shall mean board. (Added by Stats. 1961, Ch. 2069.) - 13150. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 8. Assessment Bonds [13150- 13150.] ( Chapter 8 added by Stats. 1961, Ch. 2069. )
The listed Streets and Highways Code acts apply to the district.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 8. Assessment Bonds [13150- 13150.] ( Chapter 8 added by Stats. 1961, Ch. 2069. ) ## 13150. The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000)) of the Streets and Highways Code, the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) of the Streets and Highways Code, and the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) of the Streets and Highways Code, as those acts read on January 1, 1994, or as thereafter amended, are applicable to the district. (Amended by Stats. 1993, Ch. 194, Sec. 1. Effective January 1, 1994.) - 13160. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 9. Taxation [13160 - 13163] ( Chapter 9 added by Stats. 1961, Ch. 2069. )
For taxes in the first fiscal year after the district is formed, the tax lien attaches on the later of the first Monday in March or the date the district is created.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 9. Taxation [13160 - 13163] ( Chapter 9 added by Stats. 1961, Ch. 2069. ) ## 13160. The lien for taxes for the first fiscal year after the district is formed shall attach on the first Monday in March or on the date the district is created, whichever is later. (Added by Stats. 1961, Ch. 2069.) - 13161. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 9. Taxation [13160 - 13163] ( Chapter 9 added by Stats. 1961, Ch. 2069. )
The board of supervisors must levy and collect a district tax on taxable real and personal property.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 9. Taxation [13160 - 13163] ( Chapter 9 added by Stats. 1961, Ch. 2069. ) ## 13161. The board of supervisors shall at the time and in the manner of levying other county taxes, levy and cause to be collected a tax upon the taxable real and personal property in the district, based upon the last equalized assessment roll of the county, sufficient to pay (a) the interest on bonds for that year, and the portion of the principal that is to become due before the time for making the next general tax levy, and (b) the amount necessary to maintain, operate, extend, or repair any work or improvements within the district, and to defray all other expenses incidental to the exercise of any of the district powers or to pay any existing obligations of the district. The aggregate taxes levied for any one fiscal year, other than those levied to pay the principal and interest on the bonds, shall not exceed one dollar ($1) on each one hundred dollars ($100) of the assessed valuation of taxable real and personal property in the district. (Added by Stats. 1961, Ch. 2069.) - 13161.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 9. Taxation [13160 - 13163] ( Chapter 9 added by Stats. 1961, Ch. 2069. )
A district may impose a special tax, but it must apply the tax uniformly to all taxpayers or all real property in the district, subject to a lower rate for unimproved property.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 9. Taxation [13160 - 13163] ( Chapter 9 added by Stats. 1961, Ch. 2069. ) ## 13161.5. A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. The special taxes shall be applied uniformly to all taxpayers or all real property within the district, except that unimproved property may be taxed at a lower rate than improved property. (Added by Stats. 1991, Ch. 70, Sec. 8.) - 13162. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 9. Taxation [13160 - 13163] ( Chapter 9 added by Stats. 1961, Ch. 2069. )
The tax is collected like the county general tax levy and paid into the county treasury for the proper district fund. The board controls and orders spending.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 9. Taxation [13160 - 13163] ( Chapter 9 added by Stats. 1961, Ch. 2069. ) ## 13162. The tax shall be collected at the same time and in the same manner as the general tax levy for county purposes, and when collected, shall be paid into the county treasury to the credit of the proper district fund, as provided in Chapter 10 (commencing with Section 13170). The board shall control and order its expenditure. (Added by Stats. 1961, Ch. 2069.) - 13163. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 9. Taxation [13160 - 13163] ( Chapter 9 added by Stats. 1961, Ch. 2069. )
The county treasurer must pay principal and interest on district bonds if they are payable at the treasurer’s office, following the same legal method used for county bonds, unless the bonds are payable elsewhere.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 9. Taxation [13160 - 13163] ( Chapter 9 added by Stats. 1961, Ch. 2069. ) ## 13163. The principal and interest on district bonds shall be paid by the county treasurer, if payable at his office, in the manner now or hereafter provided by law for the payment of principal and interest on the bonds of the county, unless said bonds shall be made payable elsewhere. (Added by Stats. 1961, Ch. 2069.) - 13170. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 10. Funds [13170 - 13176] ( Chapter 10 added by Stats. 1961, Ch. 2069. )
The treasurer must place and keep the money levied by the board in the Resort Improvement District General Fund.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 10. Funds [13170 - 13176] ( Chapter 10 added by Stats. 1961, Ch. 2069. ) ## 13170. In a fund called the “Resort Improvement District General Fund,” the treasurer shall place and keep the money levied by the board for that fund. (Added by Stats. 1961, Ch. 2069.) - 13171. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 10. Funds [13170 - 13176] ( Chapter 10 added by Stats. 1961, Ch. 2069. )
Bond proceeds and special assessment proceeds must be deposited with the treasurer and placed into the Resort Improvement District Construction Fund No. _____.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 10. Funds [13170 - 13176] ( Chapter 10 added by Stats. 1961, Ch. 2069. ) ## 13171. The proceeds of the sale of revenue bonds or general obligation bonds or proceeds of special assessments levied by the board shall be deposited with the treasurer and shall be placed in a fund to be called the “Resort Improvement District Construction Fund No. ____” (inserting number). (Added by Stats. 1961, Ch. 2069.) - 13172. Verify source ↗
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 10. Funds [13170 - 13176] ( Chapter 10 added by Stats. 1961, Ch. 2069. )
Money in a construction fund must be used only for the purposes stated in the bond-election resolution, the assessment-proceedings resolution of intention, or to repay money borrowed to finance the improvement.
## Public Resources Code - PRC ## DIVISION 11. RESORT IMPROVEMENT DISTRICTS [13000 - 13233] ( Division 11 added by Stats. 1961, Ch. 2069. ) ## CHAPTER 10. Funds [13170 - 13176] ( Chapter 10 added by Stats. 1961, Ch. 2069. ) ## 13172. The money in any construction fund shall be used for the purpose indicated in the resolution calling the election upon the question of the issuance of bonds, or for the purpose described in the resolution of intention in the assessment proceedings, or for repayment of money borrowed for the purpose of financing the improvement for which bonds were subsequently issued or the assessment levied. (Added by Stats. 1961, Ch. 2069.)
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