Public Resources Code — Part 14 | PRC — United States — California law | Esheria

Public Resources Code

Part 14 of 41 · provisions 2,601–2,800

This act is named the 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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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 3222.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    The owner or operator of a well must, when the supervisor asks, show that water is not moving into oil- or gas-bearing strata or contaminating groundwater or surface water; they must also give the district deputy adequate notice before demonstrating the shutoff test.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3222. The owner or operator of any well shall, at the request of the supervisor, demonstrate that water from any well is not penetrating oil-bearing or gas-bearing strata or that detrimental substances are not infiltrating into underground or surface water suitable for irrigation or domestic purposes. The owner or operator shall give the district deputy adequate notice of the time at which he will demonstrate the test for shutoff in the well. (Amended by Stats. 1976, Ch. 795.)
  2. 3223.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    A district deputy or designated inspector may attend a shutoff test, and if they witness it they must report the result to the supervisor and give the owner a duplicate. If the supervisor finds a test unsatisfactory, the supervisor must notify the owner or operator, order needed additional work and tests within five days, and set a new shutoff-test date.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3223. The district deputy or an inspector designated by the supervisor may be present at the test for shutoff. If the test is personally witnessed by the district deputy or an inspector at the site of the well, such district deputy or inspector shall make a report in writing of the result to the supervisor. A duplicate of the report shall be delivered to the owner. If any test is unsatisfactory to the supervisor, he shall so notify the owner or operator and shall within five days after the completion of the test, order any additional work and tests necessary to properly shut off the well. In the order the supervisor shall designate a day upon which the owner or operator shall again test for shutoff, which day may, upon the application of the owner or operator, be changed from time to time at the discretion of the district deputy. (Amended by Stats. 1976, Ch. 795.)
  3. 3224.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    The supervisor may order tests or remedial work, and must put the order in writing, sign it, serve it properly, and state what conditions and work must be remedied.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3224. The supervisor shall order those tests or remedial work as in the supervisor’s judgment are necessary to prevent damage to life, health, property, and natural resources; to protect oil and gas deposits from damage by underground water; or to prevent the escape of water into underground formations, or to prevent the infiltration of detrimental substances into underground or surface water suitable for irrigation or domestic purposes, to the best interests of the neighboring property owners and the public. In addition to any cessation requirements or other limitations contained in applicable regulations or conditions of approval, an order to undertake remedial work under this section may include an order to cease and desist specified activities that threaten to damage life, health, property, or natural resources, including waters suitable for irrigation or domestic purposes, or that violate the requirements of this chapter or a regulation implementing this chapter. The order shall be in writing, signed by the supervisor. It shall be served upon the owner of the well, or the owner’s local agent, either personally or by mailing a copy of the order to the post office address given at the time the local agent is designated. If a local agent has not been designated, the order shall be served by mailing a copy to the last known post office address of the owner, or if the owner is unknown, by posting a copy in a conspicuous place upon the property, and publishing it once a week for two successive weeks in some newspaper of general circulation throughout the county in which the well is located. The order shall specify the conditions sought to be remedied and the work necessary to protect the deposits from damage from underground water. (Amended by Stats. 2023, Ch. 337, Sec. 2. (AB 631) Effective January 1, 2024.)
  4. 3224.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    A supervisor may order a well site secured when the well is out of compliance and poses a risk; the order can require signs and fencing, and the operator, owner, or property owner must complete the work within five days.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3224.5. (a) After making a determination, based upon a site inspection, that a well poses a risk to life, health, property, or natural resources, the supervisor may order an operator, owner, or property owner to secure a site, based on a site inspection, if both of the following conditions apply to that site: (1) The well does not comply with the regulations implementing this chapter. (2) The well poses a risk to life, health, property, or natural resources. (b) (1) The order to secure the well shall require the posting of the site with signs. The order shall also require that the well be enclosed with a fence. (2) If fencing is ordered, the fence shall be maintained at the well to prevent unauthorized persons from gaining access to the well. (3) The signs shall be maintained and shall meet all of the following requirements: (A) Be bilingual, appropriate to the local area. (B) Have lettering that is legible from a distance of at least 25 feet. (C) Read: “Caution: Hazardous Well, Unauthorized Persons Keep Out” and shall have the name and telephone number of the division contact that ordered the posting. (D) Be visible from the surrounding area and posted at each route of entry into the site, including those routes that are likely to be used by unauthorized persons, at access roads leading to the well, and facing navigable waterways where appropriate. (E) Be of a material able to withstand the elements. (c) An order of the supervisor to secure the site under subdivision (a) may be appealed by the owner of the property pursuant to Article 6 (commencing with Section 3350), except that in the case of an emergency a stay of the supervisor’s order shall not accompany the appeal. (d) Within five days after service of an order pursuant to this section, or, if there has been an appeal from the order to the director, within five days after service of the decision of the director, or, if a review has been taken of the order of the director, within five days after affirmance of the order, the operator, owner, or property owner shall complete the work ordered. If the work is not completed within that time, the supervisor may appoint necessary agents to enter the premises and perform the work. If the supervisor determines that an emergency exists, the supervisor may secure and post the site as necessary to protect life, health, property, or natural resources pursuant to subdivision (b) of Section 3226. If the division undertakes work to secure a site pursuant to this section, an accurate account of the expenditures shall be kept and any amount expended shall constitute a lien pursuant to Section 3423 against real or personal property of the operator, owner, or property owner ordered to do the work. The division’s accounting of actual costs to perform work ordered shall be served by personal service or certified mail. For purposes of Section 3420, charges pursuant to this section for actual costs to perform work ordered are delinquent if not paid within 30 days after service of the accounting of costs. (e) The remedies and penalties specified in this section are in addition to, and do not affect, any other remedies, enforcement actions, requirements, or penalties otherwise authorized by law. (Added by Stats. 2023, Ch. 337, Sec. 3. (AB 631) Effective January 1, 2024.)
  5. 3225.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    The supervisor or a district deputy must put certain enforcement orders in writing, explain the charged conduct and any penalties or requirements, and tell the operator how to appeal.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3225. (a) An order of the supervisor or a district deputy issued pursuant to this chapter shall provide a clear and concise recitation of the acts or omissions with which the operator is charged. The order shall state all penalties and requirements imposed on the operator in connection with the acts or omissions charged and the order shall provide references to the provisions of this code and the regulations that support the imposition of the penalties and requirements. (b) An order requiring an operator to cease and desist operations pursuant to Section 3270.3 shall specify the operations that the operator is required to cease and desist and shall provide a detailed explanation of the steps that the operator shall take before the supervisor will permit the operations to resume. (c) An order of the supervisor or a district deputy shall be in writing and shall be served on the operator by personal service or by certified mail. (d) When the supervisor or a district deputy issues a written order concerning an operation, an appeal may be made from the order pursuant to the procedures contained in Article 6 (commencing with Section 3350). The order shall inform the operator of its right to appeal the order. (Amended by Stats. 2010, Ch. 264, Sec. 1. (AB 2453) Effective January 1, 2011.)
  6. 3226.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    Owner or operator must start ordered work within the stated time limits and keep working until it is finished; if they do not, the supervisor and division can step in and the division can place a lien for costs.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3226. (a) Within 30 days after service of an order pursuant to Sections 3224 and 3225, or Section 3237, or if there has been an appeal from the order to the director, within 30 days after service of the decision of the director, or if a review has been taken of the order of the director, within 10 days after affirmance of the order, the owner or operator shall commence in good faith the work ordered and continue it until completion. If the work has not been commenced and continued to completion, the supervisor may appoint necessary agents to enter the premises and perform the work. An accurate account of the expenditures shall be kept. Any amount so expended shall constitute a lien against real or personal property of the operator pursuant to the provisions of Section 3423. Before performing such work, the division may impose a lien against the real or personal property of the operator pursuant to Section 3423 in an amount equal to an estimate of the cost of the work based on a bid from a contractor or previous costs to perform comparable work. (b) Notwithstanding any other provisions of Section 3224, 3225, or 3237, if the supervisor determines that an emergency exists, the supervisor may order or undertake the actions the supervisor deems necessary to protect life, health, property, or natural resources. (c) The division’s accounting of actual or estimated costs to perform work ordered shall be served upon the operator by personal service or certified mail. For purposes of Section 3420, charges to an operator pursuant to this section for actual or estimated costs to perform work ordered are delinquent if not paid within 30 days after service of the accounting of costs. (Amended by Stats. 2021, Ch. 707, Sec. 3. (AB 896) Effective January 1, 2022.)
  7. 3226.3.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    The division must annually give the State Water Resources Control Board and the regional water quality control boards an inventory of all unlined oil and gas field sumps.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3226.3. The division shall annually provide to the State Water Resources Control Board and the California regional water quality control boards an inventory of all unlined oil and gas field sumps. (Added by Stats. 2014, Ch. 561, Sec. 1. (SB 1281) Effective January 1, 2015.)
  8. 3227.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    Well owners must file monthly statements with the supervisor, and certain operators must file annual or quarterly reports, with specified oil, gas, and water details.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3227. (a) The owner of any well shall file with the supervisor, on or before the last day of each month, for the last preceding calendar month, a statement, in the form designated by the supervisor, showing all of the following: (1) The amount of oil and gas produced from each well during the period indicated, together with the gravity of the oil, the amount of water produced from each well, estimated in accordance with methods approved by the supervisor, and the number of days during which fluid was produced from each well. (2) The number of wells drilling, producing, injecting, or idle, that are owned or operated by the person. (3) What disposition was made of the gas produced from each field, including the names of persons, if any, to whom the gas was delivered, and any other information regarding the gas and its disposition that the supervisor may require. (4) What disposition was made of water produced from each field and the amount of fluid or gas injected into each well used for enhanced recovery, underground storage of hydrocarbons, or wastewater disposal, and any other information regarding those wells that the supervisor may require. (5) The source of water, and volume of any water, reported in paragraph (4), including the water used to generate or make up the composition of any injected fluid or gas. Water volumes shall be reported by water source if more than one water source is used. The volume of untreated water suitable for domestic or irrigation purposes shall be reported. Commingled water shall be proportionally assigned to individual wells, as appropriate. (6) The treatment of water and the use of treated or recycled water in oil and gas field activities, including, but not limited to, exploration, development, and production. (7) (A) The specific disposition of all water used in or generated by oil and gas field activities, including water produced from each well reported pursuant to paragraph (1). Water volumes shall be reported by disposition method if more than one disposition method is used. Commingled water shall be proportionally assigned to individual wells, as appropriate. (B) This information shall also include the temporary onsite storage of water, as or if appropriate, and the ultimate specific use, disposal method or method of recycling, or reuse of this water. (b) Any operator that produces oil by the application of mining or other unconventional techniques shall file a report with the supervisor, on or before March 1 of each year, showing the amount of oil produced by those techniques in the preceding calendar year. (c) (1) Upon request and making a satisfactory showing therefor, a longer filing period may be established by the supervisor for any particular owner or operator. (2) Notwithstanding subdivision (a), the owner of any well shall file with the supervisor, on a quarterly basis, a statement containing the information required to be reported pursuant to paragraphs (5), (6), and (7) of subdivision (a) in the form designated by the supervisor. (d) (1) The division shall use a standardized form or format to facilitate reporting required pursuant to this section. (2) On or before July 1, 2023, all operators shall provide to the division the information required pursuant to this section electronically. (e) The division shall use noncustom software, as feasible, to implement online reporting by the operator of the information required pursuant to paragraphs (5), (6), and (7) of subdivision (a). This information may be reported separately from other information required to be reported pursuant to this section. (f) For purposes of this section, the following terms have the following meanings: (1) “Source of water” or “water source” means any of the following: (A) The well or wells, if commingled, from which the water was produced or extracted. (B) The water supplier, if purchased or obtained from a supplier. (C) The point of diversion of surface water. (2) “Specific disposition of all water” means the identification of the ultimate specific use, disposal method or method of recycling, or reuse of the water. This includes, but is not limited to, the identification of any treatment or recycling method used, injection of the water into specific injection or disposal well or wells, if commingled, discharge of the water to surface water or sumps, and sale or transfer of the water to a named entity. (Amended by Stats. 2021, Ch. 727, Sec. 7. (SB 406) Effective January 1, 2022.)
  9. 3227.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    The supervisor must compile and publish monthly oil and gas statistics within 90 days after each calendar month ends.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3227.5. The supervisor shall compile from statements filed pursuant to Section 3227 and publish monthly statistics, within 90 days of the end of each calendar month, showing the amount of oil and gas produced in the state by field and pool, together with the number of wells producing or idle, all separately stated as to field and pool, with any other information that the supervisor deems proper. (Added by Stats. 1981, Ch. 741, Sec. 8.)
  10. 3227.6.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    This section defines “field” and “pool” for use in Sections 3227 and 3227.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3227.6. As used in Sections 3227 and 3227.5, the following terms have the following meaning: (a) “Field” means the same general surface area which is underlain, or reasonably appears to be underlain, by one or more pools. (b) “Pool” means an underground reservoir containing, or appearing at the time of determination to contain, a common accumulation of crude petroleum oil or natural gas or both. Each zone of a general structure which is separated from any other zone in the structure is a separate pool. (Added by Stats. 1981, Ch. 741, Sec. 9.)
  11. 3228.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    Before abandoning a well, the owner or operator must follow approved methods, isolate oil-bearing or gas-bearing strata, and take every effort to protect suitable water from harmful substances.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3228. Before abandoning any well in accordance with methods approved by the supervisor or the district deputy, and under his or her direction, the owner or operator shall isolate all oil-bearing or gas-bearing strata encountered in the well and shall use every effort and endeavor to protect any underground or surface water suitable for irrigation or domestic purposes from the infiltration or addition of any detrimental substances. (Amended by Stats. 1984, Ch. 278, Sec. 8.)
  12. 3229.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    Before abandoning a well, the owner or operator must file a written notice with the supervisor or district deputy, and abandonment cannot proceed until approval is given.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3229. Before commencing any work to abandon a well, the owner or operator shall file with the supervisor or the district deputy a written notice of intention to abandon the well. Abandonment shall not proceed until approval is given by the supervisor or the district deputy. If the supervisor or the district deputy does not give the owner or operator a written response to the notice of intention within 10 working days, the proposed abandonment shall be deemed to have been approved and the notice of intention shall for the purposes of this chapter be deemed a written report of the supervisor. If abandonment operations have not commenced within 24 months of receipt of the notice of intention, the notice of intention shall be deemed canceled. (Amended by Stats. 2019, Ch. 772, Sec. 3. (AB 1328) Effective January 1, 2020.)
  13. 3230.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    A notice of intention to abandon a well must include the well’s total depth, complete casing record, and any other data the supervisor requires.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3230. The notice of intention to abandon shall contain the following information: (a) The total depth of the well to be abandoned. (b) The complete casing record of the well, including plugs. (c) Such other pertinent data as the supervisor may require on printed forms supplied by the division or on other forms acceptable to the supervisor. (Repealed and added by Stats. 1973, Ch. 743.)
  14. 32300.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 1. General Provisions [32300 - 32301] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

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    This division is known as, and may be cited as, the Sacramento-San Joaquin Delta Conservancy Act.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 1. General Provisions [32300 - 32301] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32300. This division shall be known, and may be cited, as the Sacramento-San Joaquin Delta Conservancy Act. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  15. 32301.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 1. General Provisions [32300 - 32301] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

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    The Legislature declares that the Sacramento-San Joaquin Delta is a resource of major local, state, and national importance and that a conservancy can help protect its environment, agriculture, recreation, economy, and communities.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 1. General Provisions [32300 - 32301] ( Chapter 1 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32301. The Legislature finds and declares all of the following: (a) The Sacramento-San Joaquin Delta is a unique natural resource of local, state, and national significance. (b) At 1,300 square miles, the Delta is the largest estuary on the west coast of North and South America. (c) Its rivers and labyrinths of sloughs and channels are home to 750 species of plants and wildlife as well as 55 species of fish, provide habitat for 700 native plant and animal species, and are part of the Pacific Flyway. (d) The Delta contains more than 500,000 acres of agricultural land, with unique soils, and farmers who are creative and utilize innovative agriculture, such as carbon sequestration crops, subsidence reversal crops, wildlife-friendly crops, and crops direct for marketing to the large urban populations nearby. (e) The Delta and Suisun Marsh provide numerous opportunities for recreation, such as boating, kayaking, fishing, hiking, birding, and hunting. Navigable waterways in the Delta are available for public access and currently make up the majority of recreational opportunities. There is a need for land-based recreational access points including parks, picnic areas, and campgrounds. (f) The Delta’s history is rich with a distinct natural, agricultural, and cultural heritage. It is home to the community of Locke, the only town in the United States built primarily by early Chinese immigrants. Other legacy communities include Bethel Island, Clarksburg, Courtland, Freeport, Hood, Isleton, Knightsen, Rio Vista, Ryde, and Walnut Grove. (g) The Delta is home to more than 500,000 people and 200,000 jobs, and contributes over thirty-five billion dollars ($35,000,000,000) to the state’s economy. (h) In addition, the Delta provides water to more than 25 million Californians and three million acres of agricultural land. It supports a four hundred billion dollar ($400,000,000,000) economy and is traversed by energy, communications, and transportation facilities vital to the economic health of California. (i) A Sacramento-San Joaquin Delta Conservancy can support efforts that advance both environmental protection and the economic well-being of Delta residents in a complementary manner, including all of the following: (1) Protect and enhance habitat and habitat restoration. (2) Protect and preserve Delta agriculture and working landscapes. (3) Provide increased opportunities for tourism and recreation. (4) Promote Delta legacy communities and economic vitality in the Delta in coordination with the Delta Protection Commission. (5) Increase the resilience of the Delta to the effects of natural disasters such as floods and earthquakes, in coordination with the Delta Protection Commission. (6) Protect and improve water quality. (7) Assist the Delta regional economy through the operation of the conservancy’s program. (8) Identify priority projects and initiatives for which funding is needed. (9) Protect, conserve, and restore the region’s physical, agricultural, cultural, historical, and living resources. (10) Assist local entities in the implementation of their habitat conservation plans (HCPs) and natural community conservation plans (NCCPs). (11) Facilitate take protection and safe harbor agreements under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.) and the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) for adjacent landowners and local public agencies. (12) Promote environmental education. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  16. 32310.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 2. Definitions [32310- 32310.] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    This section defines key terms used in the division.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 2. Definitions [32310- 32310.] ( Chapter 2 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32310. For the purposes of this division, the following terms have the following meanings: (a) “Board” means the governing board of the Sacramento-San Joaquin Delta Conservancy. (b) “Conservancy” means the Sacramento-San Joaquin Delta Conservancy. (c) “Delta” means the Sacramento-San Joaquin Delta as defined in Section 12220 of the Water Code. (d) “Fund” means the Sacramento-San Joaquin Delta Conservancy Fund created pursuant to Section 32360. (e) “Local public agency” means a city, county, special district, or joint powers authority. (f) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of Title 26 of the United States Code and that has among its principal charitable purposes preservation of land for scientific, recreational, scenic, or open-space opportunities, protection of the natural environment, preservation or enhancement of wildlife, preservation of cultural and historical resources, or efforts to provide for the enjoyment of public lands. (g) “Suisun Marsh” means the area defined in Section 29101 and protected by Division 19 (commencing with Section 29000). (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  17. 3232.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    After a written abandonment report is received, the supervisor or district deputy must give the owner or operator a written approval or disapproval within 10 days.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3232. The supervisor or the district deputy shall, within 10 days after the receipt of a written report of abandonment, furnish the owner or operator with a written final approval of abandonment, or a written disapproval of abandonment, setting forth the conditions upon which the disapproval is based. Failure to abandon in accordance with the approved method of abandonment, or failure to notify the supervisor or the district deputy of any test required by the final approval of abandonment to be witnessed by the supervisor, the district deputy, or his or her inspector, or failure to furnish the supervisor or the district deputy, at his or her request, with any information regarding the condition of the well, shall constitute sufficient grounds for disapproval of the abandonment. (Amended by Stats. 1988, Ch. 1077, Sec. 8.)
  18. 32320.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 3. Sacramento-San Joaquin Delta Conservancy [32320 - 32322] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

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    The Sacramento-San Joaquin Delta Conservancy is created in the Natural Resources Agency as a state agency.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 3. Sacramento-San Joaquin Delta Conservancy [32320 - 32322] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32320. There is in the Natural Resources Agency the Sacramento-San Joaquin Delta Conservancy, which is created as a state agency to work in collaboration and cooperation with local governments and interested parties. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  19. 32322.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 3. Sacramento-San Joaquin Delta Conservancy [32320 - 32322] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

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    The conservancy must act as a primary state agency for Delta ecosystem restoration and support environmental and economic efforts for Delta residents.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 3. Sacramento-San Joaquin Delta Conservancy [32320 - 32322] ( Chapter 3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32322. (a) The conservancy shall act as a primary state agency to implement ecosystem restoration in the Delta. (b) The conservancy shall support efforts that advance environmental protection and the economic well-being of Delta residents, including all of the following: (1) Protect and enhance habitat and habitat restoration. (2) Protect and preserve Delta agriculture and working landscapes. (3) Provide increased opportunities for tourism and recreation in the Delta. (4) Promote Delta legacy communities and economic vitality in the Delta, in coordination with the Delta Protection Commission. (5) Increase the resilience of the Delta to the effects of natural disasters such as floods and earthquakes, in coordination with the Delta Protection Commission. (6) Protect and improve water quality. (7) Assist the Delta regional economy through the operation of the conservancy’s program. (8) Identify priority projects and initiatives for which funding is needed. (9) Protect, conserve, and restore the region’s physical, agricultural, cultural, historical, and living resources. (10) Assist local entities in the implementation of their habitat conservation plans (HCPs) and natural community conservation plans (NCCPs). (11) Facilitate take protection and safe harbor agreements under the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), and the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code) for adjacent landowners and local public agencies. (12) Promote environmental education through grant funding. (c) When implementing subdivision (b), the conservancy shall undertake efforts to enhance public use and enjoyment of lands owned by the public. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  20. 3233.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    This section lets the division create oil-spill reporting field rules, but only for San Joaquin Valley oil fields and only if specified agencies concur with the thresholds.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3233. (a) The division may develop field rules which establish volumetric thresholds for emergency reporting by the operator of oil discharges to land associated with onshore drilling, exploration, or production operations, where the oil discharges, because of the circumstances established pursuant to paragraph (1) of subdivision (c), cannot pass into or threaten the waters of the state. The division may not adopt field rules under this section, unless the State Water Resources Control Board and the Department of Fish and Game first concur with the volumetric reporting thresholds contained in the proposed field rules. Subchapter 1 (commencing with Section 1710) of Chapter 4 of Division 2 of Title 14 of the California Code of Regulations shall apply to the adoption and implementation of field rules authorized by this section. (b) The authority granted to the division pursuant to subdivision (a) shall apply solely to oil fields located in the San Joaquin Valley, as designated by the division. The division shall adopt the field rules not later than January 1, 1998. (c) For purposes of implementing this section, the division, the State Water Resources Control Board, and the Department of Fish and Game shall enter into an agreement that defines the process for establishing both of the following: (1) The circumstances, such as engineered containment, under which oil discharges cannot pass into or threaten the waters of this state. (2) The volumetric reporting thresholds that are applicable under the circumstances established pursuant to paragraph (1). (d) In no case shall a reporting threshold established in the field rules, where the oil discharge cannot pass into or threaten the waters of this state, be less than one barrel (42 gallons), unless otherwise established by federal law or regulation. Until field rules are adopted, emergency reporting of oil discharges shall continue as required by existing statute and regulations. (e) An operator who discharges oil in amounts less than the volumetric thresholds adopted by the division pursuant to this section is exempt from all applicable state and local reporting requirements. Discharges of oil in amounts equal to, or greater than, the volumetric thresholds adopted by the division pursuant to this section shall be immediately reported to the Office of Emergency Services which shall inform the division and other local or state agencies as required by Section 8589.7 of the Government Code. Reporting to the Office of Emergency Services shall be deemed to be in compliance with all applicable state and local reporting requirements. (f) Oil discharges below the reporting thresholds established in the field rules shall be exempt from the emergency notification or reporting requirements, and any penalties provided for nonreporting, established under paragraph (1) of subdivision (a) of Section 13260 of the Water Code, subdivisions (a), (c), and (e) of Section 13272 of the Water Code, Section 25507 of the Health and Safety Code, Sections 8670.25.5 and 51018 of the Government Code, and subdivision (h) of Section 1722 of Title 14 of the California Code of Regulations. Oil discharge reporting requirements under Section 51018 of the Government Code shall be applicable if a spill involves a fire or explosion. (g) This section shall not affect existing reporting or notification requirements under federal law. (h) Nothing in this section shall be construed to relieve any party of any responsibility established by statute, regulation, or order, to clean up or remediate any oil discharge, whether reportable or exempt pursuant to this section. (i) Reporting provided pursuant to this section is not intended to prohibit any department or agency from seeking and obtaining any supplemental postreporting information to which the department or agency might otherwise be entitled. (j) For purposes of this section, “oil” means naturally occurring crude oil. (Amended by Stats. 2013, Ch. 352, Sec. 479. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  21. 32330.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

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    This section sets the Delta Conservancy board’s membership, appointment methods, and service terms.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32330. The board shall consist of 11 voting members and two nonvoting members, appointed or designated as follows: (a) The 11 voting members of the board shall consist of all of the following: (1) The Secretary of the Natural Resources Agency, or his or her designee. (2) The Director of Finance, or his or her designee. (3) One member of the board or a designee who is appointed by the Contra Costa County Board of Supervisors, who is a resident of that county. (4) One member of the board or a designee who is appointed by the Sacramento County Board of Supervisors, who is a resident of that county. (5) One member of the board or a designee who is appointed by the San Joaquin County Board of Supervisors, who is a resident of that county. (6) One member of the board or a designee who is appointed by the Solano County Board of Supervisors, who is a resident of that county. (7) One member of the board or a designee who is appointed by the Yolo County Board of Supervisors, who is a resident of that county. (8) Two public members appointed by the Governor, subject to confirmation by the Senate. (9) One public member appointed by the Senate Committee on Rules. (10) One public member appointed by the Speaker of the Assembly. (b) The two nonvoting members shall consist of a Member of the Senate, appointed by the Senate Committee on Rules, and a Member of the Assembly, appointed by the Speaker of the Assembly. The members appointed under this subdivision shall meet with the conservancy and participate in its activities to the extent that this participation is not incompatible with their positions as Members of the Legislature. The appointed members shall represent a district that encompasses a portion of the Delta. (c) Ten liaison advisers who shall serve in an advisory, nonvoting capacity shall consist of all of the following: (1) One representative of the United States Fish and Wildlife Service, designated by the United States Secretary of the Interior. (2) One representative of the United States National Marine Fisheries Service, designated by the United States Secretary of Commerce. (3) One representative of the United States Bureau of Reclamation, designated by the United States Secretary of the Interior. (4) One representative of the United States Army Corps of Engineers, designated by the Commanding Officer, United States Army Corps of Engineers, South Pacific Division. (5) A designee of the San Francisco Bay Conservation and Development Commission for coordination purposes. (6) A designee of the State Coastal Conservancy for coordination purposes. (7) A designee of the Suisun Resource Conservation District for coordination purposes. (8) A designee of the Central Valley Flood Protection Board. (9) A designee of the Yolo Basin Foundation. (10) A designee of the Delta Protection Commission. (d) The public members appointed by the Governor shall serve for a term of four years, with a two-term limit. (e) The locally appointed members and alternates shall serve at the pleasure of the appointing board of supervisors. (f) The public members appointed by the Senate Committee on Rules or the Speaker of the Assembly shall serve for a term of four years, with a two-term limit. (g) The Members of the Senate and Assembly shall serve at the pleasure of the appointing body. (h) Alternates for members appointed pursuant to paragraphs (3) to (7), inclusive, of subdivision (a) may be appointed by the respective county boards of supervisors. (Amended by Stats. 2011, Ch. 296, Sec. 264. (AB 1023) Effective January 1, 2012.)
  22. 32332.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

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    The voting members of the board must elect a chairperson, vice chairperson, and other needed officers every year, and must fill any vacancy in those offices for the rest of the term.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32332. Annually, the voting members of the board shall elect from among the voting members a chairperson and vice chairperson, and other officers as necessary. If the office of the chairperson or vice chairperson becomes vacant, a new chairperson or vice chairperson shall be elected by the voting members of the board to serve for the remainder of the term. The chairperson shall be selected from among the members specified in paragraphs (3) to (7), inclusive, of subdivision (a) of Section 32330. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  23. 32334.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

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    The board may only act when a quorum is present, and a decision needs six affirmative votes from the voting membership.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32334. A majority of the voting members shall constitute a quorum for the transaction of the business of the conservancy. The board shall not transact the business of the conservancy if a quorum is not present at the time a vote is taken. A decision of the board requires an affirmative vote of six of the voting membership, and the vote is binding with respect to all matters acted on by the conservancy. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  24. 32336.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

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    The board must adopt rules and procedures for how the conservancy conducts business.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32336. The board shall adopt rules and procedures for the conduct of business by the conservancy. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  25. 32338.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

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    The board may establish advisory boards or committees, hold community meetings, and engage in public outreach.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32338. The board may establish advisory boards or committees, hold community meetings, and engage in public outreach. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  26. 3234.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

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    Most well records and production reports filed under this chapter are public records, but some can be kept confidential for limited periods if requested in writing and supported by the supervisor’s or director’s findings.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3234. (a) (1) Except as otherwise provided in this section, all the well records, including production reports, of any owner or operator that are filed pursuant to this chapter are public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (2) Those records are public records when filed with the division unless the owner or operator requests, in writing, that the division maintain the well records of onshore exploratory wells or offshore exploratory wells as confidential information. The records of other wells may be maintained as confidential information if, based upon information in a written request of the owner or operator, the supervisor determines there are extenuating circumstances. For onshore wells, the confidential period shall not exceed two years from the cessation of drilling operations as defined in subdivision (e). For offshore wells, the confidential period shall not exceed five years from the cessation of drilling operations as specified in subdivision (e). (3) Well records maintained as confidential information by the division shall be open to inspection by those persons who are authorized by the owner or operator in writing. Confidential status shall not apply to state officers charged with regulating well operations, the director, or as provided in subdivision (c). (4) On receipt by the supervisor of a written request documenting extenuating circumstances relating to a particular well, including a well on an expired or terminated lease, the supervisor may extend the period of confidentiality for six months. For onshore wells, the total period of confidentiality, including all extensions, shall not exceed four years from the cessation of drilling operations as specified in subdivision (e), and for offshore wells the total period of confidentiality, including all extensions, shall not exceed seven years from the cessation of drilling operations as specified in subdivision (e), unless the director approves a longer period after a 30-day public notice and comment period. The director shall initiate and conduct a public hearing on receipt of a written complaint. (b) Notwithstanding the provisions of subdivision (a) regarding the period of confidentiality, the well records for onshore and offshore wells shall become public records when the supervisor is notified that the lease has expired or terminated. (c) Production reports filed pursuant to Section 3227 shall be open to inspection by the State Board of Equalization or its duly appointed representatives when making a survey pursuant to Section 1815 of the Revenue and Taxation Code or when valuing state-assessed property pursuant to Section 755 of the Revenue and Taxation Code, and by the assessor of the county in which a well referred to in Section 3227 is located. (d) For the purposes of this section, “well records” does not include either experimental logs and tests or interpretive data not generally available to all operators, as defined by the supervisor by regulation. (e) The cessation of drilling operations occurs on the date of removal of drilling machinery from the well site. (Amended by Stats. 2021, Ch. 615, Sec. 368. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  27. 32340.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

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    The board must establish and maintain a headquarters office within the Delta. The conservancy may rent or own property and equipment, subject to applicable statutes and regulations.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32340. The board shall establish and maintain a headquarters office within the Delta. The conservancy may rent or own real and personal property and equipment pursuant to applicable statutes and regulations. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  28. 32342.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

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    The board must choose and appoint the conservancy’s executive officer, and may hire other staff as needed.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32342. The board shall determine the qualifications of, and shall appoint, an executive officer of the conservancy, who shall be exempt from civil service. The board shall employ other staff as necessary to execute the powers and functions provided for in this division. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  29. 32344.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The board may enter into contracts with private entities and public agencies for consulting and other services needed to carry out this division.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32344. The board may enter into contracts with private entities and public agencies to procure consulting and other services necessary to achieve the purposes of this division. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  30. 32346.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may pay its support and administration expenses from its operating budget or other available funding sources.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32346. The conservancy’s expenses for support and administration may be paid from the conservancy’s operating budget and any other funding sources available to the conservancy. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  31. 32348.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The board must conduct its business under the Bagley-Keene Open Meeting Act.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32348. The board shall conduct business in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  32. 3235.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The supervisor may investigate a well complaint on their own initiative, and must investigate when a written complaint is received from a nearby landowner, resident, or well operator.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3235. (a) The supervisor may upon their own initiative or shall upon receipt of a written complaint from a person owning land, residing, or operating wells within a radius of one mile of any well or group of wells complained against make an investigation of the well or wells involved. The supervisor shall make a written report and order, stating the work required to repair the damage complained of, or stating that no work is required. (b) A copy of the order shall be delivered to the complainant, or if more than one, to each complainant, and, if the supervisor orders the damage repaired, a copy of the order shall be delivered to each of the owners, operators, or agents having in charge the well or wells upon which the work is to be done. (c) The order shall contain a statement of the conditions sought to be remedied or repaired and a statement of the work required by the supervisor to repair the condition. (d) Service shall be made by mailing copies to the persons required under this section at the post office address given. (Amended by Stats. 2021, Ch. 727, Sec. 8. (SB 406) Effective January 1, 2022.)
  33. 32350.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The board must hold its regular meetings within the Delta or the City of Rio Vista.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 4. Governing Board [32330 - 32350] ( Chapter 4 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32350. The board shall hold its regular meetings within the Delta or the City of Rio Vista. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  34. 3236.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    People connected to a well must not obstruct inspections, block enforcement, ignore required reports or records, or file false reports; violations are misdemeanors with fines, jail, or both.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3236. (a) An owner or operator, or employee thereof, who refuses to permit the supervisor or the district deputy, or the district deputy’s inspector, to inspect a well, or who willfully hinders or delays the enforcement of this chapter, and every person, whether as principal, agent, servant, employee, or otherwise, who violates, fails, neglects, or refuses to comply with this chapter, or who fails, neglects, or refuses to furnish any report or record required pursuant to this chapter, or who willfully renders a false or fraudulent report, is guilty of a misdemeanor, which upon conviction is punishable by a fine of not less than five hundred dollars ($500), nor more than five thousand dollars ($5,000), or by imprisonment for not exceeding six months, or by both such fine and imprisonment, for each offense. (b) The supervisor may refer violations of this chapter to a public prosecutor or the Attorney General for prosecution. Upon agreement of any prosecutors, a court may consider consolidating multiple actions relating to the same violation that occurred in different jurisdictions. (c) As used in this article, “public prosecutor” means a district attorney, a city attorney, a county counsel, or any other city or county prosecutor. (Amended by Stats. 2023, Ch. 337, Sec. 4. (AB 631) Effective January 1, 2024.)
  35. 3236.2.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section sets civil penalties for violations of the chapter, noncompliance with certain orders, and intentional or negligent false statements, with higher penalties for continuing violations.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3236.2. (a) (1) Upon referral by the supervisor, a person who violates this chapter or a regulation implementing this chapter is subject to a civil penalty of not more than fifty thousand dollars ($50,000) for each separate violation or, for continuing violations, for each day that violation continues, except as otherwise provided in paragraph (2). An act of God or a criminal act of vandalism beyond the reasonable control of the operator is not a violation. (2) A civil penalty under this subdivision shall not be more than twenty-five thousand dollars ($25,000) for each separate violation, or, for continuing violations, for each day that violation continues, if the person accused of the violation alleges by affirmative defense and establishes by a preponderance of the evidence both of the following: (A) The violation did not result in harm to, and did not present a significant threat to, human health, property, or the environment. (B) The violation is not a chronic violation, and the operator is not a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, consideration shall be given to whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable requirements. (b) Upon referral by the supervisor, a person subject to an order issued pursuant to Section 3224.5 who does not comply with that order shall be subject to a civil penalty of not more than twenty-five thousand dollars ($25,000). (c) Upon referral by the supervisor, a person subject to an order issued pursuant to this chapter who does not comply with that order shall be subject to a civil penalty of not more than fifty thousand dollars ($50,000) for each day of noncompliance. (d) Upon referral by the supervisor, a person who intentionally or negligently makes a false statement or representation in an application, record, report, permit, notice to comply, or other document filed, maintained, or used for purposes of compliance with this chapter, shall be liable for a civil penalty not to exceed seventy thousand dollars ($70,000) for each separate violation or, for continuing violations, for each day that violation continues. (e) Except as provided in subdivision (b), (c), or (d), a person who intentionally or negligently violates a provision of this chapter or a permit, rule, regulation, standard, or requirement issued or promulgated pursuant to this chapter shall be liable for a civil penalty not to exceed seventy thousand dollars ($70,000) for each violation of a separate provision or, for continuing violations, for each day that violation continues. (f) The civil penalty imposed for each separate violation pursuant to this section is separate, and in addition to any other civil penalty imposed for a separate violation pursuant to this section or any other law. (g) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the persistence of the violation, the pervasiveness of the violation, the number of prior violations by the same violator, the degree of culpability of the violation, any economic benefit to the violator resulting from the violation, the violator’s ability to pay the civil penalty amount, as determined based on information publicly available to the division, the prosecution costs associated with enforcement of this section, and any other matters the court determines justice may require. (h) In determining the amount of a civil penalty imposed pursuant to subdivision (b), the court shall consider all relevant circumstances, including, but not limited to, the economic assets of the operator, owner, or property owner and whether the operator, owner, or property owner has acted in good faith. (i) In addition to any other penalty set forth in this section, a person found liable for a civil penalty under subdivision (a), (c), (d), or (e) shall also pay a penalty in an amount equal to the cost to plug and abandon any well associated with the violation. The cost to plug and abandon any well associated with the violation is to be determined by the supervisor using any reasonable method, including, but not limited to, consideration of the factors listed in subdivision (b) of Section 3205.3 or the cost estimation criteria described in subdivision (b) of Section 3205.7, or consultation with a contractor to obtain an estimate of the cost to plug and abandon the well. (j) Any action commenced pursuant to this section may be brought pursuant to this chapter by a public prosecutor, the Attorney General, or an attorney for the division or the department who shall bring the action in the name of the people of the State of California. Any actions relating to the same violation may be joined or consolidated. (k) Fifty percent of any penalty collected under this section, other than penalties collected under subdivision (i), shall be paid to the agency or office prosecuting the action. (l) Fifty percent of any penalty collected under this section, other than penalties collected under subdivision (i), shall be distributed to the division for deposit in the Oil and Gas Environmental Remediation Account established pursuant to Section 3261. (m) Any penalty collected under subdivision (i) shall be distributed to the division for deposit in the Oil and Gas Environmental Remediation Account established pursuant to Section 3261. (n) A person is not subject to a civil penalty imposed pursuant to this section and to an administrative civil penalty imposed pursuant to Section 3236.5 for the same act or failure to act. (Added by Stats. 2023, Ch. 337, Sec. 5. (AB 631) Effective January 1, 2024.)
  36. 3236.3.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The supervisor may seek a court order to stop or compel compliance with violating conduct, and the court may issue injunctive relief. The Attorney General or a public prosecutor may apply if the supervisor requests it.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3236.3. (a) When the supervisor determines that a person has engaged in, is engaged in, or is about to engage in any acts or practices that constitute or will constitute a violation of this chapter, or any regulation, condition of approval, order, or other requirement issued, promulgated, or executed thereunder, the supervisor may apply to a superior court for an order enjoining those acts or practices, or for an order directing compliance. Upon a showing by the supervisor that the person has engaged in or is about to engage in those acts or practices, the court may grant a permanent or temporary injunction, restraining order, or other injunctive order appropriate to the circumstances. (b) At the request of the supervisor, an application for an injunctive order may be applied for under this section by a public prosecutor or the Attorney General. (c) In any civil action brought pursuant to this section in which a temporary restraining order, preliminary injunction, or permanent injunction is sought, it shall not be necessary to allege or prove at any stage of the proceeding that irreparable damage will occur should the temporary restraining order, preliminary injunction, or permanent injunction not be issued; or that the remedy at law is inadequate, and the temporary restraining order, preliminary injunction, or permanent injunction shall issue without those allegations and without that proof. (Added by Stats. 2023, Ch. 337, Sec. 6. (AB 631) Effective January 1, 2024.)
  37. 3236.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The supervisor may impose administrative civil penalties on people who violate this chapter or implementing regulations, with different penalty ranges for well stimulation, major, and minor violations.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3236.5. (a) A person who violates this chapter or a regulation implementing this chapter is, at the supervisor’s discretion, subject to an administrative civil penalty as described in subdivision (b) for each violation. An act of God and an act of vandalism beyond the reasonable control of the operator shall not be considered a violation. The administrative civil penalty shall be imposed by an order of the supervisor pursuant to Section 3225 upon a determination that a violation has been committed by the person charged. The imposition of an administrative civil penalty under this section shall be in addition to any other penalty provided by law for the violation, except that a person is not subject to an administrative civil penalty imposed pursuant to this section and to a civil penalty imposed pursuant to Section 3236.2 for the same act or failure to act. When establishing the amount of the administrative civil penalty pursuant to this section, the supervisor shall consider, in addition to other relevant circumstances, all of the following: (1) The extent of harm caused by the violation. (2) The persistence of the violation. (3) The pervasiveness of the violation. (4) The number of prior violations by the same violator. (5) The degree of culpability of the violator. (6) Any economic benefit to the violator resulting from the violation. (7) The violator’s ability to pay the administrative civil penalty amount, as determined based on information publicly available to the division. (8) The supervisor’s prosecution costs. (b) (1) (A) For purposes of this section, a “well stimulation violation” is a violation of Article 3 (commencing with Section 3150) or the regulations implementing that article. (B) The administrative civil penalty amount for a well stimulation violation shall be not less than ten thousand dollars ($10,000) per day per violation and not more than twenty-five thousand dollars ($25,000) per day per violation. (2) (A) For purposes of this section, a “major violation” is a violation that is not a well stimulation violation and that is one or more of the following: (i) A violation that results in harm to persons or property or presents a significant threat to human health or the environment. (ii) A knowing, willful, or intentional violation. (iii) A chronic violation or one that is committed by a recalcitrant violator. In determining whether a violation is chronic or a violator is recalcitrant, the supervisor shall consider whether there is evidence indicating that the violator has engaged in a pattern of neglect or disregard with respect to applicable requirements. (B) The administrative civil penalty amount for a major violation shall be not less than two thousand five hundred dollars ($2,500) per violation and not more than twenty-five thousand dollars ($25,000) per violation. (3) (A) For purposes of this section, a “minor violation” is a violation that is neither a well stimulation violation nor a major violation. (B) The administrative civil penalty amount for a minor violation shall be not more than two thousand five hundred dollars ($2,500) per violation. (4) At the supervisor’s discretion, each day a major or minor violation continues or is not cured may be treated as a separate violation. (c) An order of the supervisor imposing an administrative civil penalty shall be reviewable pursuant to Article 6 (commencing with Section 3350). When the order of the supervisor has become final and the penalty has not been paid, the supervisor may apply to the appropriate superior court for an order directing payment of the administrative civil penalty. The supervisor may also seek from the court an order directing that production from the well or use of the production facility that is the subject of the administrative civil penalty order be discontinued until the violation has been remedied to the satisfaction of the supervisor and the administrative civil penalty has been paid. (d) (1) The supervisor may allow a supplemental environmental project in lieu of a portion of the administrative civil penalty amount. The supplemental environmental project may not be more than 50 percent of the total administrative civil penalty amount. Any amount collected under this section that is not allocated for a supplemental environmental project shall be deposited in the Oil and Gas Environmental Remediation Account, established pursuant to Section 3261. (2) For purposes of this section, “supplemental environmental project” means an environmentally beneficial project that a person, subject to an order of the supervisor imposing an administrative civil penalty, voluntarily agrees to undertake in settlement of the action and to offset a portion of an administrative civil penalty. (e) (1) The supervisor may establish regulations prescribing specific penalty amounts for specific violations. (2) These regulations shall include a determination of whether the violation in question is a minor violation, a major violation, or a well stimulation violation. (3) Penalty amounts prescribed in regulation shall not exceed the maximum civil penalty amount for the type of violation and shall not be less than the minimum penalty amount for the type of violation. (4) When prescribing an administrative civil penalty amount by regulation, the supervisor shall consider the potential harm caused by the violation, the potential benefit to the violator resulting from the violation, the supervisor’s potential prosecution costs, and other relevant circumstances associated with enforcement of the requirement. When imposing an administrative civil penalty amount prescribed in regulation, the supervisor is not required to consider circumstances listed in subdivision (a). (f) The supervisor shall adjust the maximum penalties specified in this section for inflation based on the California Consumer Price Index. The adjustment shall be exempt from 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. 2023, Ch. 337, Sec. 7. (AB 631) Effective January 1, 2024.)
  38. 3236.6.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The supervisor or the supervisor’s designee may recover certain response, prosecution, and enforcement costs from the owner or operator, and specified legal officials may seek those costs and must deposit any recoveries into the Oil and Gas Environmental Remediation Account.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3236.6. The supervisor, or the supervisor’s designee, may recover from the owner or operator all response, prosecution, and enforcement costs incurred by the division arising from the administration and enforcement of this chapter. The supervisor may request, and a public prosecutor, the Attorney General, or an attorney for the division or department as part of a prosecution or negotiation, may allege a claim for, these costs and expenditures and shall deposit any recoveries into the Oil and Gas Environmental Remediation Account established pursuant to Section 3261. (Added by Stats. 2023, Ch. 337, Sec. 8. (AB 631) Effective January 1, 2024.)
  39. 32360.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy’s jurisdiction and activities are limited to the Delta and Suisun Marsh, except as specified in Section 32360.5.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32360. (a) Except as specified in Section 32360.5, the jurisdiction and activities of the conservancy are limited to the Delta and Suisun Marsh. (b) (1) The Sacramento-San Joaquin Delta Conservancy Fund is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, only for the purposes of this division. (2) Funds provided for ecosystem restoration and enhancement shall be available for ecosystem restoration projects consistent with the conservancy’s strategic plan adopted pursuant to Section 32376. (3) Funds may be allocated to a separate program within the conservancy for economic sustainability in the Delta. The economic sustainability plan adopted pursuant to Section 29759 shall be the basis for the program. Funds provided to the conservancy to implement ecosystem restoration projects pursuant to the Bay Delta Conservation Plan shall only be used for ecosystem restoration purposes. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  40. 32360.5.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may fund or take actions outside the Delta and Suisun Marsh only when the board makes specified findings.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32360.5. In furtherance of the conservancy’s role in implementing the Delta Plan, the conservancy may take or fund an action outside the Delta and Suisun Marsh if the board makes all of the following findings: (a) The project implements the ecosystem goals of the Delta Plan. (b) The project is consistent with the requirements of any applicable state and federal permits. (c) The conservancy has given notice to and reviewed any comments received from affected local jurisdictions and the Delta Protection Commission. (d) The conservancy has given notice to and reviewed any comments received from any state conservancy where the project is located. (e) The project will provide significant benefits to the Delta. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  41. 32362.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may enter partnerships with nonprofit organizations, local public agencies, and landowners.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32362. The conservancy may engage in partnerships with nonprofit organizations, local public agencies, and landowners. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  42. 32363.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy must cooperate and consult with local governments and certain water/flood agencies when grants or land acquisitions are involved, and it must coordinate with other state agencies as needed.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32363. In implementing this division, the conservancy shall cooperate and consult with the city or county in which a grant is proposed to be expended or an interest in real property is proposed to be acquired, and shall, as necessary or appropriate, coordinate its efforts with other state agencies, in cooperation with the Secretary of the Natural Resources Agency. The conservancy shall, as necessary or appropriate, cooperate and consult with a public water system, levee, flood control, or drainage agency that owns or operates facilities, including lands appurtenant thereto, where a grant is proposed to be expended or an interest in land is proposed to be acquired. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  43. 32364.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may set conditions on grants, including required agreements, cost-share or local funding requirements, and repayment or return of excess funds.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32364. (a) The conservancy may require a grantee to enter into an agreement with the conservancy on terms and conditions specified by the conservancy. (b) The conservancy may require a cost-share or local funding requirement for a grant. The conservancy may make that cost-share or local funding requirement contingent upon the total amount of funding available, the fiscal resources of the applicant, or urgency of the project. The conservancy may waive cost-share requirements. (c) The conservancy may fund or award grants for plans and feasibility studies consistent with its strategic plan or the Delta Plan. (d) The conservancy may seek repayment or reimbursement of funds granted on terms and conditions it deems appropriate. The proceeds of repayment shall be deposited in the fund. (e) The conservancy may require any funds that exceed the costs of eligible or approved projects or of acquisition to be returned to the conservancy, to be available for expenditure when appropriated by the Legislature. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  44. 32364.5.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may give grants and loans, and applicants for certain property grants must include specific information in their applications.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32364.5. (a) The conservancy may provide grants and loans to state agencies, local public agencies, and nonprofit organizations to further the goals of the conservancy. (b) An entity applying for a grant from the conservancy to acquire an interest in real property shall specify all of the following in the grant application: (1) The intended use of the property. (2) The manner in which the land will be managed. (3) How the cost of ongoing operations, maintenance, and management will be provided, including an analysis of the maintaining entity’s financial capacity to support those ongoing costs. (4) Grantees shall demonstrate, where applicable, how they will provide payments in lieu of taxes, assessments, or charges otherwise due to local government. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  45. 32365.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may sue and be sued.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32365. The conservancy may sue and be sued. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  46. 32366.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may acquire, improve, lease, or transfer real property interests, and must use conservation easements to accomplish ecosystem restoration whenever feasible.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32366. (a) The conservancy may acquire from willing sellers or transferors interests in real property and improve, lease, or transfer interests in real property, in order to carry out the purposes of this division. (b) The conservancy shall use conservation easements to accomplish ecosystem restoration whenever feasible. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  47. 32368.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may enter into agreements with public agencies, nonprofit organizations, or private entities to build, manage, or maintain facilities it is authorized to have.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32368. The conservancy may enter into an agreement with a public agency, nonprofit organization, or private entity for the construction, management, or maintenance of facilities authorized by the conservancy. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  48. 3237.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section lets the supervisor or district deputy order a deserted well or production facility plugged, abandoned, or decommissioned, and sets rules for who is responsible and how desertion can be rebutted or appealed.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3237. (a) (1) The supervisor or district deputy may order the plugging and abandonment of a well or the decommissioning of a production facility that has been deserted whether or not any damage is occurring or threatened by reason of that deserted well or production facility. The supervisor or district deputy shall determine from credible evidence whether a well or production facility is deserted. (2) For purposes of paragraph (1), “credible evidence” includes, but is not limited to, the operational history of the well or production facility, the response or lack of response of the operator to inquiries and requests from the supervisor or district deputy, the extent of compliance by the operator with the requirements of this chapter, and other actions of the operator with regard to the well or production facility. (3) A rebuttable presumption of desertion arises in any of the following situations: (A) If a well has not been completed to production or injection and drilling machinery have been removed from the well site for at least six months. (B) If a well’s production facilities or injection equipment has been removed from the well site for at least two years. (C) If an operator has failed to comply with an order of the supervisor within the time provided by the order or has failed to challenge the order on a timely basis. (D) If an operator fails to designate an agent as required by Section 3200. (E) If a person who is to acquire a well or production facility that is subject to a purchase, transfer, assignment, conveyance, exchange, or other disposition fails to comply with Section 3202. (F) If an operator has failed to maintain the access road to a well or production facility site passable to oilfield and emergency vehicles. (4) The operator may rebut the presumptions of desertion set forth in paragraph (3) by demonstrating with credible evidence compliance with this division and that the well or production facility has the potential for commercial production, including specific and detailed plans for future operations, and by providing a reasonable timetable for putting those plans into effect. The operator may rebut the presumption set forth in subparagraph (F) of paragraph (3) by repairing the access road. (b) An order to plug and abandon a deserted well or to decommission a production facility may be appealed to the director pursuant to the procedures specified in Article 6 (commencing with Section 3350). (c) (1) The current operator, as determined by the records of the supervisor, of a deserted well that produced oil, gas, or other hydrocarbons or was used for injection is responsible for the proper plugging and abandonment of the well or the decommissioning of deserted production facilities. If the supervisor determines that the current operator does not have the financial resources to fully cover the cost of plugging and abandoning the well or the decommissioning of deserted production facilities, the immediately preceding operator shall be responsible for the cost of plugging and abandoning the well or the decommissioning of deserted production facilities. (2) The supervisor may continue to look seriatim to previous operators until an operator is found that the supervisor determines has the financial resources to cover the cost of plugging and abandoning the well or decommissioning deserted production facilities. However, the supervisor may not hold an operator responsible that made a valid transfer of ownership of the well before January 1, 1996. (3) For purposes of this subdivision, “operator” includes a mineral interest owner who shall be held jointly liable for the well and attendant production facilities if the mineral interest owner has or had leased or otherwise conveyed the working interest in the well to another person, if in the lease or other conveyance, the mineral interest owner retained a right to control the well operations that exceeds the scope of an interest customarily reserved in a lease or other conveyance in the event of a default. (4) No prior operator is liable for any of the costs of plugging and abandoning a well or decommissioning deserted production facilities by a subsequent operator if those costs are necessitated by the subsequent operator’s illegal operation of a well or production facility. (5) If the supervisor is unable to determine that an operator who acquired ownership of a well after January 1, 1996, has the financial resources to fully cover the costs of plugging and abandonment of the well or decommissioning deserted production facilities, the supervisor may undertake plugging and abandonment of the well or decommissioning deserted production facilities pursuant to Article 4.2 (commencing with Section 3250). (6) By July 1, 2022, the supervisor shall provide to the Senate Committee on Natural Resources and Water and the Assembly Committee on Natural Resources the process the supervisor has established to determine that the current operator does not have the financial resources to fully cover the cost of plugging and abandoning the well or the decommissioning of deserted production facilities pursuant to paragraph (1), or for a previous operator pursuant to paragraphs (1) and (2). The supervisor shall, in a timely manner, post the materials provided to the legislative committees pursuant to this paragraph on a public portion of the division’s internet website. (d) (1) Notwithstanding any other provision of this chapter, the supervisor or district deputy, at the supervisor’s or district deputy’s sole discretion, may determine that a well that has been idle for 25 years or more and that fails to meet either of the following conditions is conclusive evidence of desertion, and may order the well abandoned: (A) The operator is operating in compliance with a valid idle well management plan that is on file with the supervisor pursuant to paragraph (2) of subdivision (a) of Section 3206 or is covered by an indemnity bond provided under Section 3204, subdivision (a) of Section 3205, or subdivision (a) of Section 3205.2. (B) The well meets the relevant testing standards for idle wells required under the regulations implementing this chapter. (2) The supervisor or district deputy shall provide the operator a 90-day notice of warning once a determination has been reached pursuant to this subdivision that a well has been deserted. An operator may rebut the determination, made pursuant to paragraph (1), of the supervisor or district deputy by demonstrating compliance with subparagraphs (A) and (B) of paragraph (1). (3) An order to plug and abandon a deserted well under this section due to the supervisor’s or district deputy’s determination of an operator’s noncompliance with either subparagraph (A) or (B) of paragraph (1) may be appealed to the director pursuant to the procedures specified in Article 6 (commencing with Section 3350). (Amended by Stats. 2021, Ch. 758, Sec. 3. (SB 84) Effective January 1, 2022.)
  49. 32370.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may not use eminent domain.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32370. The conservancy shall not exercise the power of eminent domain. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  50. 32372.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may seek and accept funds, accept fees, create and manage endowments, and must deposit all received funds in the fund for use under this division.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32372. (a) The conservancy may pursue and accept funds from various sources, including, but not limited to, federal, state, and local funds or grants, gifts, donations, bequests, devises, subventions, grants, rents, royalties, or other assistance and funds from public and private sources. (b) The conservancy may accept fees levied by others. (c) The conservancy may create and manage endowments. (d) All funds received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  51. 32376.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The board must prepare and adopt a strategic plan within two years after hiring an executive officer.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32376. Within two years of hiring an executive officer, the board shall prepare and adopt a strategic plan to achieve the goals of the conservancy. The plan shall describe its interaction with local, regional, state, and federal land use, recreation, water and flood management, and habitat conservation and protection efforts within and adjacent to the Delta. The strategic plan shall establish priorities and criteria for projects and programs, based upon an assessment of program requirements, institutional capabilities, and funding needs throughout the Delta. The strategic plan shall be consistent with the Delta Plan, the Delta Protection Commission’s resources management plan, the Central Valley Flood Protection Plan, the Suisun Marsh Preservation Act of 1977 (Division 19 (commencing with Section 29000)), and the Habitat Management, Preservation and Restoration Plan for the Suisun Marsh. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  52. 32378.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may spend funds, award grants and loans, and provide technical and other nonfinancial assistance.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32378. (a) The conservancy may expend funds and award grants and loans to facilitate collaborative planning efforts and to develop projects and programs that are designed to further the purposes of this division. (b) The conservancy may provide and make available technical information, expertise, and other nonfinancial assistance to public agencies, nonprofit organizations, and tribal organizations, to support program and project development and implementation. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  53. 3238.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section lowers certain oil and gas charges to zero for 10 years for qualifying wells, restricts work on qualifying wells without written consent from the mineral rights owner, and requires an operator to evaluate the well and file bond or security if work continues.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4. Regulation of Operations [3200 - 3238] ( Article 4 enacted by Stats. 1939, Ch. 93. ) ## 3238. (a) For oil and gas produced in this state from a well that qualifies under Section 3251 or that has been inactive for a period of at least the preceding five consecutive years, the rate of the charges imposed pursuant to Sections 3402 and 3403 shall be reduced to zero for a period of 10 years. The supervisor or district deputy shall not permit an operator to undertake any work on wells qualifying under Section 3251 unless the mineral rights owner consents, in writing, to the work plan. (b) An operator who undertakes any work on a well qualifying under Section 3251 shall have up to 90 days from the date the operator receives written consent from the supervisor to evaluate the well. On or before the 90 day evaluation period ends, the operator shall file with the supervisor a bond or security in an amount specified in Section 3204, 3205, or 3205.1, in accordance with the requirements of whichever of those sections is applicable to the well, if the well operations are to continue for a period in excess of the 90-day evaluation period. The conditions of the bond shall be the same as the conditions stated in Section 3204. (c) A party may plug and abandon a well that qualifies under Section 3251 by obtaining all necessary rights to the well. That party shall be subject to the requirements of this chapter as an operator of the well, file with the supervisor the appropriate bond or security in an amount specified in Section 3204, 3205, or 3205.1, and complete the abandonment. If the abandonment is not completed, the supervisor may act under Section 3226 to complete the work. (Amended by Stats. 2016, Ch. 272, Sec. 18. (AB 2729) Effective January 1, 2017.)
  54. 32380.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The conservancy may acquire water or water rights to support its goals.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32380. The conservancy may acquire water or water rights to support the goals of the conservancy. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  55. 32381.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. )

    Verify source ↗

    The division does not give the conservancy powers to regulate land use, regulate activities on land, or control water rights held by others.

    ## Public Resources Code - PRC ## DIVISION 22.3. SACRAMENTO-SAN JOAQUIN DELTA CONSERVANCY [32300 - 32381] ( Division 22.3 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## CHAPTER 5. Powers, Duties, and Limitations [32360 - 32381] ( Chapter 5 added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. ) ## 32381. This division does not grant to the conservancy any of the following: (a) The power of a city or county to regulate land use. (b) The power to regulate any activities on land, except as the owner of an interest in the land, or pursuant to an agreement with, or a license or grant of management authority from, the owner of an interest in the land. (c) The power over water rights held by others. (Added by Stats. 2009, 7th Ex. Sess., Ch. 5, Sec. 37. (SB 1 7x) Effective February 3, 2010.)
  56. 3240.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.1. Abandoned Wells [3240 - 3243] ( Article 4.1 added by Stats. 1985, Ch. 924, Sec. 1. )

    Verify source ↗

    The supervisor must conduct a study of abandoned oil and gas wells in state areas with substantial methane or other hazardous gas accumulation potential.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.1. Abandoned Wells [3240 - 3243] ( Article 4.1 added by Stats. 1985, Ch. 924, Sec. 1. ) ## 3240. The supervisor, in cooperation with appropriate state and local agencies, shall conduct a study of abandoned oil and gas wells located in those areas of the state with substantial potential for methane and other hazardous gas accumulations in order to determine the location, the extent of methane gas and other hazardous gas accumulations, and potential hazards from the abandoned wells. (Added by Stats. 1985, Ch. 924, Sec. 1. Effective September 24, 1985.)
  57. 3241.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.1. Abandoned Wells [3240 - 3243] ( Article 4.1 added by Stats. 1985, Ch. 924, Sec. 1. )

    Verify source ↗

    The supervisor must work with state and local agencies to develop a strategy for extracting methane and other hazardous gas from abandoned oil and gas wells in high-risk areas, and the strategy must also address prevention where no accumulations are found.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.1. Abandoned Wells [3240 - 3243] ( Article 4.1 added by Stats. 1985, Ch. 924, Sec. 1. ) ## 3241. The supervisor, in cooperation with appropriate state and local agencies, shall develop a strategy for extracting existing accumulations of methane gas and other hazardous gas from abandoned oil and gas wells in high-risk areas identified by the supervisor in order to protect the health and safety of the public. The strategy shall also provide plans for the management of methane gas and other hazardous gas from wells in high-risk areas where no accumulations are discovered in order to prevent future accumulations of methane gas and other hazardous gas. (Added by Stats. 1985, Ch. 924, Sec. 1. Effective September 24, 1985.)
  58. 3243.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.1. Abandoned Wells [3240 - 3243] ( Article 4.1 added by Stats. 1985, Ch. 924, Sec. 1. )

    Verify source ↗

    The supervisor must establish a collections unit in the division by July 1, 2022.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.1. Abandoned Wells [3240 - 3243] ( Article 4.1 added by Stats. 1985, Ch. 924, Sec. 1. ) ## 3243. (a) On or before July 1, 2022, the supervisor shall establish a collections unit within the division. (b) The collections unit shall be responsible for identifying persons responsible for charges under this chapter, locating assets belonging to those persons, and fully implementing all of the division’s authorities for collecting the amounts owed. (c) (1) To the extent feasible, the division shall use existing resources and personnel in establishing a collections unit. (2) The requirement imposed by paragraph (1) shall remain operative until January 1, 2027. (Added by Stats. 2021, Ch. 707, Sec. 4. (AB 896) Effective January 1, 2022.)
  59. 3250.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. )

    Verify source ↗

    The Legislature declares certain hazardous oil and gas wells and facilities to be public nuisances and states that their danger should be reduced by abandonment, reabandonment, production, or other remediation.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. ) ## 3250. The Legislature hereby finds and declares that hazardous and certain idle-deserted oil and gas wells and hazardous and deserted facilities, as defined in this article, are public nuisances and that it is essential, in order to protect life, health, and natural resources that those oil and gas wells and facilities be abandoned, reabandoned, produced, or otherwise remedied to mitigate, minimize, or eliminate their danger to life, health, and natural resources. The Legislature further finds and declares that, although the abatement of such public nuisances could be accomplished by means of an exercise of the regulatory power of the state, such regulatory abatement would result in unfairness and financial hardship for certain landowners, while also resulting in benefits to the public. The Legislature, therefore, finds and declares that the expenditure of funds to abate such nuisances as provided in this article is for a public purpose and finds and declares it to be the policy of this state that the cost of carrying out such abatement be charged to this state’s producers of oil and gas as provided in Article 7 (commencing with Section 3400). (Amended by Stats. 2017, Ch. 652, Sec. 6. (SB 724) Effective January 1, 2018.)
  60. 32500.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    This division may be cited as the San Joaquin River Conservancy Act.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32500. This division shall be known, and may be cited, as the San Joaquin River Conservancy Act. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  61. 32501.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The Legislature declares the San Joaquin River area to be a unique resource that should be preserved for present and future generations.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32501. The Legislature hereby finds and declares that the San Joaquin River, its broad corridors, and its prominent bluffs constitute a unique and important environmental, cultural, scientific, agricultural, educational, recreational, scenic, flood water conveyance, and wildlife resource that should be preserved for the enjoyment of, and appreciation by, present and future generations. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  62. 32502.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The Legislature says the San Joaquin River Parkway Task Force developed a parkway plan and that this division is intended to carry out the task force’s recommendation for a managing entity for the proposed parkway.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32502. The Legislature further finds and declares that the San Joaquin River Parkway Task Force, representing diverse state and local interests, has developed a San Joaquin River Parkway Plan which, in concept, outlines and provides a structural framework for ideas for establishing the San Joaquin River Parkway. It is the intent of the Legislature in enacting this division to implement the task force recommendation for a managing entity for the proposed parkway. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  63. 32503.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The Legislature says the San Joaquin River Conservancy is intended to promote the parkway, coordinate efforts, and mediate differences among the local jurisdictions and the state.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32503. The Legislature further finds and declares that local jurisdiction is divided among the County of Fresno, the County of Madera, and the City of Fresno. Additionally, the state has property interests in the river bottom. It is the intent of the Legislature that the San Joaquin River Conservancy shall promote the parkway and coordinate efforts and mediate differences among the local jurisdictions and the state. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  64. 32504.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the division.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32504. As used in this division: (a) “Board” means the governing board of the San Joaquin River Conservancy. (b) “Conservancy” means the San Joaquin River Conservancy. (c) “Member agencies” means the City of Fresno and Counties of Fresno and Madera. (d) “Nonprofit organization” means an exempt organization under Section 501(c)(3) of the Internal Revenue Code. (e) “Parkway” means the San Joaquin River Parkway, as described in Section 32510. (f) “Tribal organization” means an Indian tribe, band, nation, or other organized group or community, or a tribal agency authorized by a tribe, which is one or both of the following: (1) Recognized by the United States Secretary of the Interior and identified within the most current Federal Register. (2) Listed on the contact list maintained by the Native American Heritage Commission as a California Native American tribe. (Amended by Stats. 2021, Ch. 171, Sec. 1. (AB 559) Effective January 1, 2022.)
  65. 32505.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy must begin functioning after either a four-fifths approval by member agency governing bodies or majority voter approval at a specially called election.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32505. The conservancy shall commence to function upon the occurrence of either of the following events: (a) Approval by a four-fifths vote of the governing bodies of the member agencies. (b) Approval by a majority of the voters voting on the proposition of whether the conservancy should commence to function at an election called for that purpose by the Boards of Supervisors of Fresno and Madera Counties within those counties. The election may be consolidated with any other election within those counties. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  66. 32506.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The section limits where an election may be held and where the conservancy may operate, and lets a member agency withdraw within one year after the conservancy starts functioning.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 1. General Provisions [32500 - 32506] ( Chapter 1 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32506. If the governing body of any member agency approves formation of the conservancy by a four-fifths vote, the election may be held only within the member agency or agencies not so approving formation. If one member agency fails to approve the formation of the conservancy and it is not approved by the voters of that member agency, the conservancy may function to acquire and maintain parkway lands only within the jurisdictions of the approving member agencies. A member agency may withdraw from the conservancy within one year after the conservancy commences to function. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  67. 3251.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. )

    Verify source ↗

    This section defines terms used in the hazardous wells and facilities article.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. ) ## 3251. For the purposes of this article, the following definitions apply: (a) “Deserted facility” means a production facility determined by the supervisor to be deserted under Section 3237 and for which there is no operator responsible for its decommissioning under Section 3237. (b) “Decommission” has the same meaning and requirements, as applicable, as the definition established in Section 1760 of Title 14 of the California Code of Regulations. (c) “Hazardous facility” means a production facility determined by the supervisor to be a potential danger to life, health, or natural resources and for which there is no operator determined by the supervisor to be responsible for its decommissioning under Section 3237. (d) “Hazardous well” means an oil and gas well determined by the supervisor to be a potential danger to life, health, or natural resources and for which there is no operator determined by the supervisor to be responsible for its plugging and abandonment under Section 3237. (e) “Idle-deserted well” means an oil and gas well determined by the supervisor to be deserted under Section 3237 and for which there is no operator responsible for its plugging and abandonment under Section 3237. (Repealed and added by Stats. 2017, Ch. 652, Sec. 8. (SB 724) Effective January 1, 2018.)
  68. 3251.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. )

    Verify source ↗

    A well is treated as a hazardous well if the supervisor finds it poses a present danger to life, health, or natural resources and it was abandoned under the rules in effect at that time at least 15 years earlier.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. ) ## 3251.5. (a) Notwithstanding Section 3251, a well shall be deemed a hazardous well if it has been determined by the supervisor to pose a present danger to life, health, or natural resources and has been abandoned in accordance with the requirements of the division in effect at the time of the abandonment 15 or more years before the date of the supervisor’s determination that it poses such a danger. (b) Reabandonment initiated by the supervisor shall not be affected by the timeline established in this section. (Added by Stats. 1987, Ch. 1322, Sec. 2.)
  69. 32510.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The San Joaquin River Conservancy is established in the Resources Agency and must acquire and manage public lands in the San Joaquin River Parkway.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32510. The San Joaquin River Conservancy is hereby established in the Resources Agency to acquire and manage public lands within the San Joaquin River Parkway, which shall consist of the San Joaquin River and approximately 5,900 acres on both sides of the river between Friant Dam and the Highway 99 crossing. Approximately 1,900 acres of the parkway shall be located in Madera County and 4,000 acres in Fresno County, of which approximately 1,250 acres are already in public ownership. The conservancy shall acquire and manage these lands in the parkway to provide a harmonious combination of low-impact recreational and educational uses and wildlife protection through the preservation of the San Joaquin River, existing publicly owned lands, the wildlife corridor, and natural reserves. (Amended by Stats. 1994, Ch. 605, Sec. 1. Effective January 1, 1995.)
  70. 32511.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy must operate and maintain the parkway, and must close any lands or facilities it cannot keep clean, safe, and adequately protective of wildlife and adjacent property owners’ rights.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32511. The conservancy shall be responsible for operation and maintenance of the parkway. The conservancy shall close to the public any lands or facilities which it is unable to maintain in a clean and safe manner and to adequately protect the wildlife and rights of adjacent property owners from the public, including areas downstream from the Highway 99 crossing affected by the use of the parkway. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  71. 32512.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy’s jurisdiction includes the part of the parkway that it acquires.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32512. The area under the jurisdiction of the conservancy includes that area of the parkway which is acquired by the conservancy. (Amended by Stats. 1995, Ch. 610, Sec. 2. Effective January 1, 1996.)
  72. 32513.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy’s jurisdiction includes certain parkway lands and waters, some public lands it operates for another public agency, and certain private lands meeting listed conditions.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32513. The jurisdiction of the conservancy consists of land and water areas acquired for parkway use within the parkway whether by purchase or lease; other public lands operated by the conservancy on behalf of another public agency; and private lands which are in a land mitigation bank or which are adjacent to the parkway and downstream from the Highway 99 crossing and for which the owner desires the conservancy’s management and protection services or which are subject to a voluntary resource management agreement entered into with the conservancy. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  73. 32514.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy must coordinate agencies and private entities, local agencies may transfer land-management responsibility by agreement, and zoning or land use authority stays with member agencies.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32514. The conservancy shall coordinate the activities of state and local agencies and private entities interested in the San Joaquin River and its resources. State and local agencies shall retain title to any land owned within the boundaries of the parkway. Local agencies may enter into an agreement to transfer responsibility for the management of the land to the conservancy. Where there is no state or local public agency with operating and management responsibility, the conservancy shall exercise that responsibility. All zoning or land use regulations shall remain the exclusive authority of the member agencies. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  74. 32515.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy’s governing board must have 16 voting members, with seats and alternates filled by specified local and state officials and appointment processes.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32515. (a) The governing board of the conservancy shall consist of 16 voting members. (b) The 16 voting members of the board shall consist of the following: (1) One member of the Board of Supervisors of Fresno County appointed by a majority of the members of that board. A majority of the members of the Board of Supervisors of Fresno County may appoint an alternate member from that board. (2) The Mayor of the City of Fresno or a member of the Fresno City Council designated by the Mayor of the City of Fresno. The Mayor of the City of Fresno may designate an alternate member from the Fresno City Council. (3) One member of the Board of Supervisors of Madera County appointed by a majority of the members of that board. A majority of the members of the Board of Supervisors of Madera County may appoint an alternate from that board. (4) The Mayor of the City of Madera or a member of the Madera City Council designated by the Mayor of the City of Madera. The Mayor of the City of Madera may designate an alternate member from the Madera City Council. (5) (A) The Chairperson of the Board of Directors of the Fresno Metropolitan Flood Control District or the Chairperson of the Board of Directors of the Madera Irrigation District. (B) The Chairpersons of the Fresno Metropolitan Flood Control District and the Madera Irrigation District shall rotate appointments, with each chairperson serving for one term before rotating to the other chairperson. Notwithstanding Section 32517, each chairperson shall serve two-year terms. (C) Each chairperson may appoint a designee to the board. (6) Three public members, one of whom shall be a resident of Fresno County, one of whom shall be a resident of Madera County, and one of whom shall be a resident of the City of Fresno. The members shall be appointed according to all of the following procedures: (A) The Senate Committee on Rules shall appoint the resident of Fresno County from a list of candidates that includes two or more individuals provided by the Board of Supervisors of Fresno County. The board of supervisors shall develop its list from a list submitted by nonprofit organizations that have a presence within that county and support outdoor recreation, conservation, environmental justice, or social justice issues. The board of supervisors shall have one year from the end of a term or the creation of a vacancy to submit the list to the Senate Committee on Rules. If the board of supervisors does not submit the list within that time, the Senate Committee on Rules may appoint a resident of Fresno County nominated by nonprofit organizations that have a presence within Fresno County and support outdoor recreation, conservation, environmental justice, or social justice issues. (B) The Speaker of the Assembly shall appoint the resident of Madera County from a list of candidates that includes two or more individuals provided by the Board of Supervisors of Madera County. The board of supervisors shall develop its list from a list submitted by nonprofit organizations that have a presence within that county and support outdoor recreation, conservation, environmental justice, or social justice issues. The board of supervisors shall have one year from the end of a term or the creation of a vacancy to submit the list to the Speaker of the Assembly. If the board of supervisors does not submit the list within that time, the Speaker of the Assembly may appoint a resident of Madera County nominated by nonprofit organizations that have a presence within Madera County and support outdoor recreation, conservation, environmental justice, or social justice issues. (C) The Governor shall appoint the resident of the City of Fresno from a list of candidates submitted by the Fresno City Council. (7) One member of a California Native American tribe appointed by the Governor from a list of candidates submitted by local tribal organizations. (8) (A) One youth member appointed by the Governor from lists submitted by either of the following: (i) Youth-serving nonprofit organizations that have a presence within Fresno County or Madera County. (ii) Institutions of higher education within Fresno County or Madera County. (B) The youth member shall be a resident of Fresno County or Madera County and 18 to 26 years of age, inclusive, and shall not be an elected official. (9) The Executive Director of the Wildlife Conservation Board or a member of the executive director’s staff designated by the executive director. (10) The Secretary of the Natural Resources Agency or a member of the secretary’s staff designated by the secretary. (11) The Director of Fish and Wildlife or a member of the director’s staff designated by the director. (12) The Director of Parks and Recreation or a member of the director’s staff designated by the director. (13) The Director of Finance or a member of the director’s staff designated by the director. (14) The Executive Officer of the State Lands Commission or a member of the executive officer’s staff designated by the executive officer. (Amended by Stats. 2021, Ch. 171, Sec. 2. (AB 559) Effective January 1, 2022.)
  75. 32516.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    A quorum means a majority of the board’s voting members, and board meetings must follow the Bagley-Keene Open Meeting Act.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32516. A quorum shall constitute a majority of the voting members of the board. Meetings of the governing board shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2021, Ch. 171, Sec. 3. (AB 559) Effective January 1, 2022.)
  76. 32517.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    Voting board members serve four-year terms, and board membership ends automatically if an official loses the office tied to membership or if a resident member stops living in the member agency.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32517. The voting members of the board shall serve for four-year terms. Any member who is an elected or appointed official who ceases to hold that office shall automatically cease to be a member of the board. The office of any member of the board who is required to be a resident of a member agency shall become vacant upon that member ceasing to be a resident of the member agency. (Amended by Stats. 1996, Ch. 1171, Sec. 2. Effective January 1, 1997.)
  77. 32518.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    Some board members may be paid for meeting attendance or official business, with limits of $75 per day and $450 per year, and all members get reimbursement for reasonable expenses.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32518. Members who are not elected or appointed officials shall receive compensation in an amount set by the board, not to exceed seventy-five dollars ($75) for each day, or portion thereof, and not to exceed four hundred fifty dollars ($450) in any year, while attending meetings of the board, or engaged upon official business of the board. All members shall receive reimbursement for actual, necessary, and reasonable expenses. Any member may waive compensation. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  78. 32519.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The board’s voting members must choose a chairperson and vice chairperson each year, and fill any vacancy for the rest of the term. A person may not serve as chairperson for more than two consecutive terms.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32519. The voting members of the board shall annually elect from among the voting members a chairperson and a vice chairperson. If the office of the chairperson or vice chairperson becomes vacant, a new chairperson or vice chairperson shall be elected by the voting members of the board to serve for the remainder of the term. A person shall not serve as chairperson for more than two consecutive terms. (Repealed and added by Stats. 2021, Ch. 171, Sec. 5. (AB 559) Effective January 1, 2022.)
  79. 3252.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. )

    Verify source ↗

    This section defines “natural resources” for this article.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. ) ## 3252. As used in this article, “natural resources” includes land, water, air, minerals, vegetation, wildlife, historical or aesthetic sites, or any other natural resource which, irrespective of ownership, contributes to the health, safety, welfare, or enjoyment of a substantial number of persons, or to the substantial balance of an ecological community. (Added by Stats. 1976, Ch. 1090.)
  80. 32520.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy must maintain adequate liability insurance or its equivalent, and it must defend and indemnify the member agencies for acts or omissions of its agents, employees, volunteers, and servants.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 2. The San Joaquin River Conservancy [32510 - 32520] ( Chapter 2 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32520. The conservancy shall obtain and maintain adequate liability insurance or its equivalent, and defend and indemnify the member agencies for acts or omissions of the conservancy’s agents, employees, volunteers, and servants. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  81. 32525.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may exercise powers needed to carry out this division, but it cannot levy a tax, regulate land use, or use eminent domain.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32525. The conservancy shall have, and may exercise, all rights and powers, expressed or implied, necessary to carry out the purposes of this division, except as otherwise provided. The conservancy shall have no power to levy a tax, to regulate land use, or to exercise the power of eminent domain. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  82. 32526.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy must coordinate its employees’ activities with state and local personnel involved in parks, fish and game, law enforcement, and rescue work.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32526. The conservancy shall facilitate and coordinate the activities of its employees with personnel of the Department of Parks and Recreation, the Department of Fish and Game, and local law enforcement and rescue agencies. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  83. 32527.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may adopt and enforce regulations for parkway lands, parkway activities, native riparian vegetation, wildlife, other natural resources, and archaeological sites.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32527. The conservancy may adopt and enforce regulations governing the use of parkway lands and activities within the parkway; the protection and management of native riparian vegetation, wildlife, and other natural resources on parkway lands; and the protection of archaeological sites. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  84. 32527.5.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    A person who violates posted conservancy regulations for lands the conservancy owns or manages commits an infraction and can be fined up to $250.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32527.5. (a) A person who violates any of the posted regulations adopted by the conservancy governing lands owned or managed by the conservancy is guilty of an infraction punishable by a fine not exceeding two hundred fifty dollars ($250). (b) Any regulation adopted by the conservancy governing lands owned or managed by the conservancy may be enforced by any duly authorized California peace officer. (Added by Stats. 2014, Ch. 114, Sec. 1. (AB 1506) Effective January 1, 2015.)
  85. 32528.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may implement the San Joaquin River Parkway Task Force Plan and may adopt and carry out management plans for protecting the parkway’s natural and recreational resources.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32528. The conservancy may implement the San Joaquin River Parkway Task Force Plan and may adopt and carry out management plans for the protection of the natural and recreational resources of the parkway. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  86. 32529.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may manage the parkway and its facilities, adopt regulations for public use of conservancy lands, and provide for enforcement. Land it acquires cannot be opened to public use until the board determines adequate funds are available for managing those lands.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32529. The conservancy may manage, operate, administer, and maintain the parkway and its facilities. Land acquired by the conservancy shall not be open to public use until the board determines there are adequate funds available for the management of those lands. The conservancy may adopt regulations governing the use by the public of conservancy lands and may provide for their enforcement. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  87. 3253.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. )

    Verify source ↗

    If part of this article is held invalid, the rest still remains in effect.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. ) ## 3253. If any provisions of this article or the application thereof in any circumstances or to any person or public agency is held invalid, the remainder of this article or the application thereof in other circumstances or to other persons or public agencies shall not be affected thereby. (Added by Stats. 1976, Ch. 1090.)
  88. 32530.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may hire an executive officer and other staff when needed to do functions that existing member-agency personnel, contractors, or volunteers cannot provide.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32530. The conservancy may employ an executive officer and other staff to perform those functions that cannot be provided by the existing personnel of member agencies on a contractual basis or by volunteers. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  89. 32531.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may recruit and coordinate volunteers and experts for interpretive and recreational programs, construction projects, and maintenance of parkway facilities.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32531. The conservancy may recruit and coordinate volunteers and experts to conduct interpretive and recreational programs and to assist with construction projects and the maintenance of parkway facilities. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  90. 32532.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may set acquisition priorities and carry out land-related transactions and assistance programs within the parkway.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32532. The conservancy may determine acquisition priorities and may acquire real property or any interest in real property within the parkway from willing sellers and at fair market value or on other mutually acceptable terms. The conservancy may acquire the property, itself, or may coordinate the acquisition through a member agency or other public agencies with appropriate responsibility and available funding or land to exchange. The conservancy may provide technical assistance to landowners to ensure that their activities are compatible with or enhance the parkway. The conservancy may hold remainder interests in those instances where owners desire to sell but retain a life estate, and may create and administer a mitigation land bank and arrange land exchanges. The overall objective of the conservancy shall be to assist in accomplishing land transactions that are mutually beneficial to the landowner and the parkway by adding value to the land, while meeting natural resource conservation and other parkway objectives. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  91. 32533.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may carry out and coordinate site improvement, access, rehabilitation, facility upgrade, and new facility projects.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32533. The conservancy may undertake site improvement projects; regulate public access; revegetate and otherwise rehabilitate degraded areas, in consultation with other public agencies with appropriate jurisdiction and expertise; upgrade deteriorating facilities; and construct new facilities as needed for outdoor recreation, nature appreciation and interpretation, and natural resource protection. These projects may be undertaken by the conservancy itself or by member agencies, with the conservancy providing overall coordination through setting priorities for projects and assuring uniformity of approach. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  92. 32534.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy must administer certain funds and may spend them, and it may accept and spend other contributions subject to Government Code Section 11005.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32534. The conservancy shall administer any funds appropriated to it and any revenue generated by member agencies for the parkway and contributed to the conservancy, and may expend those funds for capital improvements, land acquisition, or support of the conservancy’s operations. Subject to Section 11005 of the Government Code, the conservancy may also accept any revenue, money, grants, goods, or services contributed to the conservancy by any public agency, private entity, or person, and, upon receipt, may expend any such revenue, money, or grants for capital improvements, land acquisitions, or support of the conservancy’s operations. (Amended by Stats. 1994, Ch. 605, Sec. 3. Effective January 1, 1995.)
  93. 32535.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may sue and be sued, and may enter into contracts and joint powers agreements with public agencies, private entities, and persons when needed to carry out its duties.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32535. The conservancy may sue and be sued. The conservancy may enter into contracts and joint powers agreements with public agencies, private entities, and persons necessary for the proper discharge of the conservancy’s duties. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  94. 32536.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may charge fees for public use of its lands, but the fee cannot exceed the cost of providing the service. Fee revenue must go into the San Joaquin River Conservancy Fund and be spent by the conservancy only with legislative appropriation for this division’s purposes.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32536. The conservancy shall be deemed a local agency for the purposes of any provision of law authorizing local agencies to borrow money and incur indebtedness. The conservancy may fix and collect fees for the use by the public of any lands owned or controlled by the conservancy. No fee shall exceed the cost of providing the service for which the fee is charged. The fee revenue shall be deposited in the San Joaquin River Conservancy Fund, which is hereby created in the State Treasury. The money in the fund shall be expended by the conservancy, upon appropriation by the Legislature, for the purposes of this division. (Added by Stats. 1992, Ch. 1012, Sec. 1. Effective January 1, 1993.)
  95. 32537.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may give grants, but nonprofit recipients must follow conditions on purchase price, approval, security interests, transfer, and recording.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32537. (a) The conservancy may award grants to local public agencies, state agencies, federal agencies, and nonprofit organizations for the purposes of this division. (b) Grants to nonprofit organizations for the acquisition of real property or interests in real property shall be subject to all of the following conditions: (1) The purchase price of any interest in land acquired by the nonprofit organization may not exceed fair market value as established by an appraisal approved by the conservancy. (2) The conservancy approves the terms under which the interest in land is acquired. (3) The interest in land acquired pursuant to a grant from the conservancy may not be used as security for any debt incurred by the nonprofit organization unless the conservancy approves the transaction. (4) The transfer of land acquired pursuant to a grant shall be subject to the approval of the conservancy and the execution of an agreement between the conservancy and the transferee sufficient to protect the interests of the state. (5) The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated. (6) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state, except that, prior to that termination, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property, by recording its acceptance of title, together with the conservancy’s approval, in writing. (c) Any deed or other instrument of conveyance whereby real property is acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state. (Added by Stats. 1995, Ch. 610, Sec. 3. Effective January 1, 1996.)
  96. 32538.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. )

    Verify source ↗

    The conservancy may transfer certain property for management purposes and may make or join land-management agreements.

    ## Public Resources Code - PRC ## DIVISION 22.5. SAN JOAQUIN RIVER CONSERVANCY [32500 - 32538] ( Division 22.5 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32525 - 32538] ( Chapter 3 added by Stats. 1992, Ch. 1012, Sec. 1. ) ## 32538. (a) Notwithstanding any other provision of law, the conservancy may lease, rent, sell, exchange, or otherwise transfer any real property or interest therein or option acquired under this division to a local public agency, state agency, federal agency, nonprofit organization, individual, or other entity for management purposes pursuant to terms and conditions approved by the conservancy. The conservancy may request the Director of General Services to undertake these actions on its behalf. (b) The conservancy may initiate, negotiate, and participate in agreements for the management of land under its ownership or control with local public agencies, state agencies, federal agencies, nonprofit organizations, individuals, or other entities and may enter into any other agreements authorized by state or federal law. (Added by Stats. 1995, Ch. 610, Sec. 4. Effective January 1, 1996.)
  97. 3254.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. )

    Verify source ↗

    This article must be interpreted broadly and applied to promote its purposes.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. ) ## 3254. This article shall be liberally construed and applied to promote its purposes. (Added by Stats. 1976, Ch. 1090.)
  98. 3255.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. )

    Verify source ↗

    The supervisor may order or carry out certain actions on property with hazardous, idle-deserted, hazardous-facility, or deserted-facility conditions, including inspections, abandonment, reabandonment, drilling, production, decommissioning, or other remedies.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. ) ## 3255. (a) Notwithstanding any other provision of this division, the supervisor may order to be carried out, or may undertake, any of the following operations, as applicable, on any property in the vicinity of which, or on which, is located any well or facility that the supervisor determines to be a hazardous well, an idle-deserted well, a hazardous facility, or a deserted facility: (1) Any inspection or tests necessary to determine what action, if any, would be appropriate to effectuate the purpose of this article. (2) The abandonment of the well. (3) The reabandonment of the well. (4) The redrilling and production of an existing well for purposes of remedying, mitigating, minimizing, or eliminating danger to life, health, and natural resources. (5) The drilling and production of a well for purposes of remedying, mitigating, minimizing, or eliminating danger to life, health, and natural resources. (6) The decommissioning of hazardous or deserted facilities. (7) Any other remedy or oilfield operation calculated to effectuate the purpose of this article. (b) If, pursuant to this article, the supervisor orders that any operation be carried out with respect to a hazardous well, an idle-deserted well, a hazardous facility, or a deserted facility and that operation will, by virtue of the physical occupation or destruction of all or any part of the property or the extraction of oil or gas from the property, substantially interfere with the enjoyment of the property, the supervisor may acquire, as provided in Section 3256, a minimal interest in the property as is necessary to carry out the operation. No acquisition may be made pursuant to this subdivision unless the supervisor finds and determines that the public benefits to be derived therefrom in remedying, mitigating, minimizing, or eliminating danger to life, health, and natural resources will exceed the cost of the acquisition, irrespective of the manner in which the acquisition is to be funded. (c) An order of the supervisor to carry out any of the operations listed in subdivision (a) may be appealed by the owner of the property pursuant to Article 6 (commencing with Section 3350), except that in the case of an emergency no stay of the supervisor’s order shall accompany the appeal. (Amended by Stats. 2017, Ch. 652, Sec. 9. (SB 724) Effective January 1, 2018.)
  99. 32550.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 1. General Provisions [32550 - 32551] ( Chapter 1 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    This division is known as the Baldwin Hills and Urban Watersheds Conservancy Act and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 1. General Provisions [32550 - 32551] ( Chapter 1 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32550. This division shall be known, and may be cited, as the Baldwin Hills and Urban Watersheds Conservancy Act. (Amended by Stats. 2022, Ch. 714, Sec. 2. (SB 1052) Effective January 1, 2023.)
  100. 32551.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 1. General Provisions [32550 - 32551] ( Chapter 1 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    The Legislature makes findings about the Baldwin Hills area and states that a conservancy should be created to coordinate stewardship and preserve the area for current and future generations.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 1. General Provisions [32550 - 32551] ( Chapter 1 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32551. The Legislature hereby finds and declares all of the following: (a) The Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area within the County of Los Angeles and the Cities of Los Angeles and Culver City, among other cities, constitutes an area with unique and important cultural, scientific, educational, recreational, and scenic resources, and includes land with the highest elevation in the Los Angeles Basin. (b) The state recognized the importance of, and the need for, recreational venues in this area by purchasing and establishing the Kenneth Hahn State Recreation Area in 1983, which is under the jurisdiction of the Department of Parks and Recreation. The County of Los Angeles operates the state recreation area pursuant to a contract with the Department of Parks and Recreation. (c) In recognition of the evolving community needs in the Baldwin Hills area, in 1999 the Legislature directed the review and revision of the master plan for the existing state recreation area as well as the acquisition of other lands in the Baldwin Hills. (d) As one of the last remaining urban open spaces in the County of Los Angeles, the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area should be held in trust to be preserved and enhanced for the enjoyment of, and appreciation by, present and future generations. (e) The Baldwin Hills and Urban Watersheds Conservancy should be created to develop and coordinate an integrated program of resources stewardship so that the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area is managed for its optimum recreational and natural resource values based upon the needs and desires of the surrounding community. (Amended by Stats. 2022, Ch. 714, Sec. 3. (SB 1052) Effective January 1, 2023.)
  101. 32553.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 2. Definitions [32553- 32553.] ( Chapter 2 added by Stats. 2000, Ch. 428, Sec. 1. )

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    This section defines key terms used in the Baldwin Hills and Urban Watersheds Conservancy Act.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 2. Definitions [32553- 32553.] ( Chapter 2 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32553. As used in this division, the following terms have the following meanings: (a) (1) “Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area” means the land area currently from the Santa Monica Freeway (Interstate 10) to the Harbor Freeway and Transit Way (Interstate 110), to Manchester Boulevard and Firestone Boulevard to Lincoln Boulevard (or Interstate 105), which includes the Kenneth Hahn State Recreation Area, the southern portion of the Ballona Creek Watershed, the Upper Dominguez Channel, and the Baldwin Hills community. “Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area” also includes Ballona Creek and adjacent property within 50 yards of Ballona Creek on either side, from the Santa Monica Freeway (Interstate 10) to the Marina Freeway (Interstate 90). Ballona Creek is included in the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area for purposes of connectivity. (2) For purposes of this subdivision, the following terms shall apply: (A) “Southern Ballona Creek Watershed” means an approximately 40-square-mile portion of the area of land with the hydrologic unit code of 180701040300 including the Ballona Creek, a nine-mile long flood protection channel, including 50 yards on both sides of the channel for right-of-way, trail access, and greening. The physical boundaries are reflected in the Baldwin Hills and Urban Watersheds Conservancy maps and are described as follows: The northern boundary is the Santa Monica Freeway (Interstate 10); the eastern boundary extends to approximately San Pedro Street and continues down S. Avalon Boulevard to approximately Slauson Avenue, then recedes to approximately Western Avenue; the southern boundary aligns slightly above Manchester Avenue beginning in the City of Inglewood and continues to Playa Vista, veering south along Pershing Avenue to Imperial Highway. The watershed is composed of all or parts of the Cities of Culver City, Inglewood, Los Angeles, and Santa Monica, and unincorporated areas of View Park, Windsor Hills, and Ladera Heights. (B) “Upper Dominguez Channel” means an approximately 33-square-mile portion of the area of land with the hydrologic unit code of 180701060101 including the Laguna Dominguez Trail, a one-mile long portion of the flood protection channel that drains the Los Angeles basin. The physical boundaries are reflected in the Baldwin Hills and Urban Watersheds Conservancy maps and are described as follows: The southern boundary aligns slightly above Manchester Avenue beginning in the City of Inglewood and continues to Playa Vista veering south along Pershing Avenue to Imperial Highway; the eastern boundary extends from S. Van Ness Avenue beginning in the City of Inglewood and progresses diagonally southeast to approximately Vermont Avenue at Interstate 105, and then receding back diagonally to Western Avenue at W. 135th Street; the southern boundary follows W. 135th Street and bisects the City of Hawthorne heading west to approximately S. Douglas Street into the of City of El Segundo, excluding El Segundo Beach and Dunes, the Hyperion Water Reclamation Plant, and the Los Angeles Department of Water and Power Scattergood Generating Station, as well as any land or facilities included in the Chevron Products Company El Segundo Refinery, then continues into a portion of the City of Manhattan Beach bounded by approximately Rosecrans Avenue on the north, Highland Avenue to the west, and Pacific Coast Highway (Highway 1) on the east, with Gould Avenue at the southernmost point. As described, the watershed is composed of all or parts of the Cities of Inglewood, Hawthorne, El Segundo, and Manhattan Beach, and unincorporated areas of Del Aire, Lennox, and Westmont. (b) “Board” means the governing board of the Baldwin Hills and Urban Watersheds Conservancy. (c) “Conservancy” means the Baldwin Hills and Urban Watersheds Conservancy. (d) “Fund” means the Baldwin Hills Conservancy and Urban Watersheds Fund created pursuant to subdivision (b) of Section 32574. (e) “Nonprofit organization” means an exempt organization under Section 501(c)(3) of the Internal Revenue Code. (f) “Territory” means the land in the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area that is under the jurisdiction of the conservancy. (Amended by Stats. 2022, Ch. 714, Sec. 4. (SB 1052) Effective January 1, 2023.)
  102. 32555.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. )

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    This section creates the Baldwin Hills and Urban Watersheds Conservancy in the Natural Resources Agency and states its purposes.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32555. There is in the Natural Resources Agency, the Baldwin Hills and Urban Watersheds Conservancy, which is created for the following purposes: (a) To acquire and manage public lands within the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area, and to provide recreational, open space, wildlife habitat restoration and protection, and lands for educational uses within the area. (b) To acquire lands for open space within the territory of the conservancy. (c) To provide for the public’s enjoyment, and to enhance the recreational and educational experience on public lands in the territory in a manner consistent with the protection of lands and resources in the area. (Amended by Stats. 2022, Ch. 714, Sec. 5. (SB 1052) Effective January 1, 2023.)
  103. 32556.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. )

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    This section sets the board’s membership, quorum, voting rule, and requires the board to study uses of Ballona Creek and prepare a proposed map.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32556. (a) The board shall consist of 15 voting members and 12 nonvoting members. (b) The 15 voting members of the board shall consist of the following: (1) The Secretary of the Natural Resources Agency, or the secretary’s designee. (2) The Director of Parks and Recreation, or the director’s designee. (3) The Director of Finance, or the director’s designee. (4) The Director of the Los Angeles County Department of Parks and Recreation, or the director’s designee. (5) The Mayor of the City of Los Angeles, or the mayor’s designee. (6) The Mayor of the City of Culver City, or the mayor’s designee. (7) An appointee from the South Bay Cities Council of Governments. (8) A member of the Los Angeles County Board of Supervisors representing District 2, or the member’s designee. (9) Five members of the public appointed by the Governor who are residents of Los Angeles County, as nominated by a city council or a neighborhood empowerment group, and who represent the diversity of the community surrounding the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area. (10) A resident of Los Angeles County appointed by the Speaker of the Assembly, and a resident of Los Angeles County appointed by the Senate Committee on Rules. (c) The 12 nonvoting members shall consist of the following: (1) The Secretary for Environmental Protection, or the secretary’s designee. (2) The Executive Officer of the State Coastal Conservancy, or the executive officer’s designee. (3) The Executive Officer of the State Lands Commission, or the executive officer’s designee. (4) An appointee of the Governor with experience in developing contaminated sites, commonly referred to as “brownfields.” (5) The Executive Director of the Santa Monica Mountains Conservancy, or the executive director’s designee. (6) The Director of the Culver City Human Services Department, or the director’s designee. (7) The Director of the Los Angeles County Department of Public Works, or the director’s designee. (8) The Director of the City of Los Angeles Department of Recreation and Parks, or the director’s designee. (9) The Director of the City of Inglewood Parks, Recreation and Community Services Department or the Director of the City of Inglewood Public Works Department, or their designee. (10) The President of the Board of Airport Commissioners of Los Angeles World Airports, or the president’s designee. (11) The Director of the City of Los Angeles Department of Public Works, or the director’s designee. (12) The Director of Conservation, or the director’s designee. (d) A quorum shall consist of eight voting members of the board, and any action of the board affecting any matter before the board shall be decided by a majority vote of the voting members present, a quorum being present. However, the affirmative vote of at least five of the voting members of the board shall be required for the transaction of any business of the board. (e) The board shall do both of the following: (1) Study the potential environmental and recreational uses of Ballona Creek and the adjacent property described in subdivision (a) of Section 32553. (2) Develop a proposed map for that area. (Amended by Stats. 2022, Ch. 714, Sec. 6. (SB 1052) Effective January 1, 2023.)
  104. 32557.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. )

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    Voting board members serve two-year terms. Vacancies must be filled by the appointing authority within 60 days, and board membership ends automatically if a member no longer holds the qualifying office.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32557. (a) The voting members of the board shall serve for two-year terms. Any vacancy on the board shall be filled within 60 days from its occurrence by the appointing authority. (b) A person shall not continue as a member of the board if that person ceases to hold the office that qualifies that person for board membership. Upon the occurrence of that event, that person’s membership on the board shall automatically terminate. (Amended by Stats. 2005, Ch. 223, Sec. 2. Effective January 1, 2006.)
  105. 32558.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. )

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    The board’s voting members must choose the chairperson and vice-chairperson by majority vote, and each serves a one-year term.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32558. The chairperson and vice-chairperson of the board shall be selected by a majority of the voting members of the board for one-year terms. (Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.)
  106. 32559.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. )

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    The conservancy may hire an executive officer and other staff for functions volunteers cannot provide.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32559. The conservancy may employ an executive officer and other staff to perform those functions that cannot be provided by volunteers. (Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.)
  107. 3256.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. )

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    The division may acquire, hold, and use property needed to carry out this article, including by eminent domain.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. ) ## 3256. (a) The division is hereby authorized to accept, and hold for and in the name of the state, by gift, exchange, purchase, negotiation, or eminent domain proceedings, any and all property or appurtenances of every kind and description thereto, including land, leases, easements, rights-of-way, oil, gas, or other mineral rights as the supervisor determines to be required and necessary to carry out operations to effect the purpose of this article. (b) When the division cannot acquire any such necessary property or interest therein by agreement with the owner, any such property or interest therein authorized to be acquired under this article shall be acquired pursuant to provisions of the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code); except that, notwithstanding any provision thereof, the division, in the name of and for the state, may take immediate possession and use of any property required to carry out operations to effect the purpose of this article after eminent domain proceedings are first commenced according to law in a court of competent jurisdiction, and thereupon giving such security as the court in which the proceedings are pending directs to secure to the owner of the property sought to be taken immediate compensation for the taking and any damage incident thereto, including damages sustained by reason of an adjudication that there is no necessity for taking the property. (Added by Stats. 1976, Ch. 1090.)
  108. 32560.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. )

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    All board meetings must follow the Bagley-Keene Open Meeting Act.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32560. All meetings of the board shall be subject to the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Amended by Stats. 2005, Ch. 223, Sec. 3. Effective January 1, 2006.)
  109. 32561.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. )

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    Board members must be reimbursed for actual, necessary, and reasonable expenses. Non-full-time public employee board members may be paid up to $100 per regular meeting, up to 12 regular meetings per year, and may waive compensation.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 3. Conservancy [32555 - 32561] ( Chapter 3 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32561. All members shall receive reimbursement for actual, necessary, and reasonable expenses. Any member of the board who is not a full-time public employee shall be compensated at a rate not to exceed one hundred dollars ($100) per regular meeting, not to exceed 12 regular meetings a year. Any member of the board may waive compensation. (Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.)
  110. 32565.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

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    The conservancy’s jurisdiction is limited to lands or other areas donated to it, otherwise acquired by it, or operated by it, and only if they are in the specified Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32565. The jurisdiction of the conservancy shall include only those lands or other areas that are donated to, or otherwise acquired by, or are operated by the conservancy, that are located in the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area. (Amended by Stats. 2022, Ch. 714, Sec. 7. (SB 1052) Effective January 1, 2023.)
  111. 32565.5.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

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    The conservancy must carry out planning, stewardship, prioritization, study, and reporting duties for the Baldwin Hills and nearby watershed area.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32565.5. The conservancy shall do all of the following: (a) Develop and coordinate an integrated program of resource stewardship so that the entire Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area is managed for optimum climate resilience and recreational and natural resource values based upon the needs and desires of the surrounding community. (b) Establish policies and priorities within the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area, and conduct any necessary planning activities in accordance with the purposes set forth in Section 32555. (c) Give priority to related projects that create expanded opportunities that provide recreation, aesthetic improvement, and wildlife habitat in the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area. (d) Carry out projects and activities to further the purposes of this division throughout the region and, in doing so, the board shall make every effort to ensure that, over time, conservancy funding and other efforts are spread equitably across each of the various subregions and among the stated goal areas, with adequate allowance for the variability of costs associated with individual regions and types of projects. (e) Study the potential environmental and recreational uses of the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area. (f) (1) Develop and adopt a proposed watershed and open-space plan for improvements in the conservancy territory. (2) (A) A report on the plan shall be provided to the Legislature on or before January 1, 2026. (B) A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code. (C) This paragraph shall become inoperative on January 1, 2030, pursuant to Section 10231.5 of the Government Code. (Amended by Stats. 2023, Ch. 78, Sec. 1. (SB 835) Effective January 1, 2024.)
  112. 32566.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

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    The conservancy may manage, operate, administer, and maintain lands and facilities it acquires, and may adopt and enforce public-use regulations for them.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32566. The conservancy may direct the management, operation, administration, and maintenance of the lands and facilities it acquires in accordance with the purposes set forth in Section 32555. The conservancy may adopt regulations governing the use by the public of conservancy lands and facilities and may provide for the enforcement of those regulations. (Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.)
  113. 32567.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

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    The conservancy must set land acquisition priorities and has limited power to acquire land in the stated area under specified conditions.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32567. The conservancy shall determine acquisition priorities and may acquire real property or any interest in real property within the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area from willing sellers and at fair market value or on other mutually acceptable terms, upon a finding that the acquisition is consistent with the purposes of the conservancy. The conservancy may acquire the property itself, or may coordinate the acquisition with other public agencies with appropriate responsibility and available funding or land to exchange. The overall objectives of the land acquisition program shall be to assist in accomplishing land transactions that are mutually beneficial to the landowners and the conservancy, and that meet the conservancy’s purposes. Neither the conservancy nor the State Public Works Board shall exercise the power of eminent domain for the purposes of this division. The conservancy shall have the first right of refusal to acquire, at the cost of acquisition, surplus public lands suitable for park and open space within the conservancy’s territory, and may accept private or public lands offered for recreational trails. (Amended by Stats. 2022, Ch. 714, Sec. 9. (SB 1052) Effective January 1, 2023.)
  114. 32568.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

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    The conservancy may carry out and coordinate improvement and restoration projects in the listed area, but it may not extend Stocker Street without prior written city council approval.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32568. (a) The conservancy may, within the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area, undertake site improvement projects; regulate public access; revegetate and otherwise rehabilitate degraded areas, in consultation with other public agencies with appropriate jurisdiction and expertise; upgrade deteriorating facilities; and construct new facilities as needed for outdoor recreation, nature appreciation and interpretation, and natural resource protection. These projects shall be directed by the conservancy and undertaken by other public agencies, with the conservancy providing overall coordination through setting priorities for projects and assuring uniformity of approach. (b) The conservancy shall not, under any circumstances, extend the road designated as “Stocker Street” to Overland Avenue or to any street within the boundaries of the City of Culver City without the prior written approval of the city council. (Amended by Stats. 2022, Ch. 714, Sec. 10. (SB 1052) Effective January 1, 2023.)
  115. 32569.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    The conservancy may award grants, but nonprofit real-property grants must meet specified conditions and transfer restrictions.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32569. (a) The conservancy may award grants to local public agencies, state agencies, federal agencies, and nonprofit organizations for the purposes of this division. (b) Grants to nonprofit organizations for the acquisition of real property or interests in real property shall be subject to all of the following conditions: (1) The conservancy may acquire property at fair market value and consistent with the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), except that the acquisition price of lands acquired from public agencies may be based on the public agencies’ cost to acquire the land. (2) The conservancy shall approve the terms under which the interest in land is acquired. (3) The interest in land acquired pursuant to a grant from the conservancy may not be used as security for any debt incurred by the nonprofit organization unless the conservancy approves the transaction. (4) The transfer of land acquired pursuant to a grant shall be subject to the approval of the conservancy and the execution of an agreement between the conservancy and the transferee sufficient to protect the interests of the conservancy. (5) The conservancy shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated. (6) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the conservancy, except that, prior to that termination, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property, by recording its acceptance of title, together with the conservancy’s approval, in writing. (c) Any deed or other instrument of conveyance whereby real property is acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the conservancy. (Amended by Stats. 2002, Ch. 3, Sec. 8. Effective January 1, 2003.)
  116. 3257.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. )

    Verify source ↗

    The division may enter into agreements with persons or other entities to manage or operate acquired property or to carry out operations ordered under this article.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. ) ## 3257. To effect the purpose of this article, the division is authorized to enter into agreements with any person, public agency, corporation, or other entity for the management or operation of property acquired or for the conduct of any operation ordered pursuant to this article. (Added by Stats. 1976, Ch. 1090.)
  117. 32570.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    The conservancy may transfer, manage, and make agreements about land and property it controls, and may ask the Director of General Services to do those actions on its behalf.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32570. (a) Notwithstanding any other provision of law, the conservancy may lease, rent, sell, exchange, or otherwise transfer any real property or interest therein or option acquired under this division to a local public agency, state agency, federal agency, nonprofit organization, individual, or other entity for management purposes pursuant to terms and conditions approved by the conservancy. The conservancy may request the Director of General Services to undertake these actions on its behalf. (b) The conservancy may initiate, negotiate, and participate in agreements for the management of land under its ownership or control with local public agencies, state agencies, federal agencies, nonprofit organizations, individuals, or other entities and may enter into any other agreements authorized by state or federal law. (Amended by Stats. 2002, Ch. 3, Sec. 9. Effective January 1, 2003.)
  118. 32571.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    Local public agencies may agree to transfer land management responsibility to the conservancy, but they keep exclusive authority over zoning and land use regulations in their jurisdiction.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32571. (a) Local public agencies may enter into an agreement to transfer responsibility for the management of the land located within the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area to the conservancy. (b) Local public agencies shall retain exclusive authority over all zoning or land use regulations within their jurisdiction. (Amended by Stats. 2022, Ch. 714, Sec. 11. (SB 1052) Effective January 1, 2023.)
  119. 32572.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    The conservancy must restrict access on certain acquired lands by using temporary agreements with other state or local public agencies.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32572. The conservancy shall restrict access on acquired lands that are unsuitable for parks and open-space use by entering into temporary agreements with other state or local public agencies for the protection of public health and safety, resource management and protection, and security. (Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.)
  120. 32573.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    The conservancy must carry out four duties: set policies and priorities, give priority to certain related projects, approve conservancy-funded projects that advance the division’s policies, and review the master plan while prioritizing needed recreation and open-space acquisition and operations.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32573. The conservancy shall do all of the following: (a) Establish policies and priorities regarding the territory within the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area, and conduct any necessary planning activities in accordance with the purposes set forth in Section 32555. (b) Give priority to related projects that create expanded opportunities that provide recreation, aesthetic improvement, and wildlife habitat in the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area. (c) Approve conservancy-funded projects that advance the policies and priorities set forth in this division. (d) Review the master plan required pursuant to subdivisions (b) and (c) of Section 1 of Chapter 752 of the Statutes of 1999 and implement prioritization for the acquisition and operation of additional recreational and open-space needs, including additional or upgraded facilities and parks that may be necessary or desirable. (Amended by Stats. 2022, Ch. 714, Sec. 12. (SB 1052) Effective January 1, 2023.)
  121. 32573.1.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    This section establishes a watershed improvement program and assigns the conservancy to administer it.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32573.1. (a) The Baldwin Hills, Southern Ballona Creek Watershed, and Upper Dominguez Channel Urban Watershed Improvement Program is hereby established, to be administered by the conservancy for climate change adaptation improvements, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, in support of the purposes and programs described in Section 32565.5. In implementing this program, the conservancy shall coordinate and collaborate with other state agencies, federal agencies, local entities, and stakeholders. (b) In implementing this program, notwithstanding Section 32575, the conservancy may test new funding, policy, planning, and implementation approaches with the area covered by an initiative to test new ways of accomplishing the program objectives and goals described in subdivision (a), with the intent of broadening the scope of the initiative to apply to the entire program area. (c) This section shall not be construed as requiring the Legislature to appropriate additional funds. (Added by Stats. 2022, Ch. 714, Sec. 13. (SB 1052) Effective January 1, 2023.)
  122. 32574.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    The conservancy may charge fees for its land or services, but each fee cannot exceed the related maintenance or service cost.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32574. (a) The conservancy may fix and collect fees for the use of any land owned or controlled, or for any service provided, by the conservancy. No fee shall exceed the cost of maintaining and operating the land or of providing the service for which the fee is charged. (b) The fee revenue and all other revenue received pursuant to this division shall be deposited in the Baldwin Hills and Urban Watersheds Conservancy Fund, which is hereby created in the State Treasury. The money in the fund shall be expended by the conservancy, upon appropriation by the Legislature, for the purposes of this division. (c) Nothing in this act changes the Kenneth Hahn State Recreation Area’s status to receive funds as part of the state parks system. (Amended by Stats. 2022, Ch. 714, Sec. 14. (SB 1052) Effective January 1, 2023.)
  123. 32575.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    The conservancy must administer appropriated funds and may spend them for capital improvements, land acquisition, or its operations. It may also accept certain contributions, subject to Government Code Section 11005, and spend those funds upon receipt.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32575. The conservancy shall administer any funds appropriated to it, including any funds appropriated to it for these purposes from any future bond act or local initiative measure, and any revenue generated by public agencies for the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area and contributed to the conservancy, and may expend those funds for capital improvements, land acquisition, or support of the conservancy’s operations. Subject to Section 11005 of the Government Code, the conservancy may also accept any revenue, money, grants, goods, or services contributed to the conservancy by any public agency, private entity, or person, and, upon receipt, may expend any such revenue, money, or grants for capital improvements, land acquisitions, or support of the conservancy’s operations. (Amended by Stats. 2022, Ch. 714, Sec. 15. (SB 1052) Effective January 1, 2023.)
  124. 32576.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    The conservancy may recruit and coordinate volunteers and experts to help with conservancy projects and maintaining conservancy lands.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32576. The conservancy may recruit and coordinate volunteers and experts to assist with conservancy projects and the maintenance of conservancy lands. (Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.)
  125. 32577.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    The conservancy must coordinate its actions with state and local public safety agencies.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32577. The conservancy shall coordinate its actions with state and local public safety agencies. (Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.)
  126. 32578.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    The conservancy has and may use all rights and powers needed to carry out this division’s purposes, except where another provision says otherwise.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32578. The conservancy shall have, and may exercise, all rights and powers, expressed or implied, necessary to carry out the purposes of this division, except as otherwise provided. (Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.)
  127. 32579.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. )

    Verify source ↗

    The conservancy has power to sue and be sued.

    ## Public Resources Code - PRC ## DIVISION 22.7. BALDWIN HILLS AND URBAN WATERSHEDS CONSERVANCY ACT [32550 - 32579] ( Heading of Division 22.7 amended by Stats. 2022, Ch. 714, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32565 - 32579] ( Chapter 4 added by Stats. 2000, Ch. 428, Sec. 1. ) ## 32579. The conservancy may sue and be sued. (Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.)
  128. 3258.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. )

    Verify source ↗

    The division’s spending from the Oil, Gas, and Geothermal Administrative Fund is capped, and certain funds must be used only for well- and facility-remediation work. The department must also file several reports to the Legislature.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.2. Hazardous Wells and Facilities [3250 - 3258] ( Heading of Article 4.2 amended by Stats. 2017, Ch. 652, Sec. 5. ) ## 3258. (a) The division shall not make expenditures from the Oil, Gas, and Geothermal Administrative Fund pursuant to this article that exceed the following sum any one fiscal year: (1) Three million dollars ($3,000,000), commencing on July 1, 2018, for the 2018–19 fiscal year, and continuing for three fiscal years thereafter. (2) Commencing with the 2022–23 fiscal year, and each fiscal year thereafter, five million dollars ($5,000,000). On a one-time basis, the division may also expend each of the following amounts: (A) For the 2024–25 fiscal year, seven million five hundred thousand dollars ($7,500,000), as a match to the dedicated General Fund appropriation for the 2022–23 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation pursuant to this article. (B) For the 2026–27 fiscal year, seven million five hundred thousand dollars ($7,500,000), only if there is a dedicated appropriation from a fund other than the Oil, Gas, and Geothermal Administrative Fund for the 2026–27 fiscal year for the purposes of plugging and abandoning wells, decommissioning facilities, and site remediation pursuant to this article. (b) (1) The expenditure limits of subdivision (a) also apply to expenditures by the division from the Oil, Gas, and Geothermal Administrative Fund pursuant to Section 3226, unless the division obtains a lien against real or personal property of the operator. If the division obtains a lien against real or personal property of greater value than the amount of the expenditure, then the amount of the expenditure shall not count against the expenditure limit of subdivision (a). If the division obtains a lien against real or personal property of lesser value than the amount of the expenditure, then only the difference between the amount of the expenditure and the value of the property counts against the expenditure limit of subdivision (a). Any moneys recovered by the division pursuant to Section 3226 shall be deposited in the Oil and Gas Environmental Remediation Account, unless the moneys are recovered against expenditures that have been or will be made from the Hazardous and Idle-Deserted Well Abatement Fund. (2) (A) Commencing with the 2023–24 fiscal year, in any fiscal year that the division makes expenditures that are less than the amount appropriated in the annual state Budget Act or any other law related to the expenditures described in subdivision (a), the Controller shall transfer from the Oil, Gas, and Geothermal Administrative Fund to the Oil and Gas Environmental Remediation Account, established pursuant to Section 3261, an amount equal to the difference between what was appropriated and what was encumbered pursuant to this article by the division for that fiscal year, unless there is more than two hundred million dollars ($200,000,000) in the account. (B) Upon the order of the Department of Finance, the Controller shall transfer the unencumbered amount from the Oil, Gas, and Geothermal Administrative Fund to the Oil and Gas Environmental Remediation Account. (c) Moneys expended pursuant to this article shall be used exclusively for plugging and abandoning hazardous or idle-deserted wells, decommissioning hazardous or deserted facilities, or otherwise remediating well sites of hazardous or idle-deserted wells. (d) The division shall develop criteria for determining the priority of plugging and abandoning hazardous or idle-deserted wells and decommissioning hazardous or deserted facilities to be remediated pursuant to this article and performing work pursuant to Section 3226. The criteria shall consider the information required to be reported pursuant to subdivision (e). The Administrative Procedure Act (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 of criteria by the division pursuant to this subdivision. (e) (1) (A) On April 1, 2021, the department shall report to the Legislature on the number of hazardous wells, idle-deserted wells, deserted facilities, and hazardous facilities remaining, the estimated costs of abandoning and decommissioning those wells and facilities, and a timeline for future abandonment and decommissioning of those wells and facilities with a specific schedule of goals. By April 1, 2022, the department shall report to the Legislature the location of the applicable wells and facilities, including the county in which they are located, if the information is not otherwise included in the April 1, 2021, report described in this paragraph. (B) As part of the report required in subparagraph (A), the department shall provide recommendations to the Legislature for improving and optimizing the involvement of local agencies in the process of plugging and abandoning wells and decommissioning facilities. In drafting these recommendations, the department shall consider factors unique to each of the division’s districts, and shall consult with local agencies in developing recommendations. (C) In collecting the information for the report required in subparagraph (A), the division shall conduct field inspections of hazardous wells, idle-deserted wells, deserted facilities, and hazardous facilities and include information in the report from the field inspections that can be used to prioritize those wells and facilities in the specific schedule of goals. (2) On October 1, 2023, and annually thereafter, the department shall provide to the Legislature an update on the report required in paragraph (1) that describes the total costs, average costs per well and facility, the number of wells plugged and abandoned, the number of facilities decommissioned, the total number of projects completed, and any additional wells and facilities identified by the department requiring abandonment or decommissioning. The update shall include the location, including the county, of applicable wells, facilities, and projects identified in the report. (3) The report and update to the report required to be submitted under this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 72, Sec. 34. (SB 156) Effective July 2, 2024.)
  129. 3260.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.3. Oil and Gas Environmental Remediation Account [3260 - 3262] ( Article 4.3 repealed and added by Stats. 2016, Ch. 274, Sec. 3. )

    Verify source ↗

    This section defines “account” for this article as the Oil and Gas Environmental Remediation Account established under Section 3261.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.3. Oil and Gas Environmental Remediation Account [3260 - 3262] ( Article 4.3 repealed and added by Stats. 2016, Ch. 274, Sec. 3. ) ## 3260. For purposes of this article, “account” means the Oil and Gas Environmental Remediation Account established under Section 3261. (Repealed and added by Stats. 2016, Ch. 274, Sec. 3. (AB 2756) Effective January 1, 2017.)
  130. 32600.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 1. General Provisions [32600 - 32602] ( Chapter 1 added by Stats. 1999, Ch. 789, Sec. 1. )

    Verify source ↗

    This division is named the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Act.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 1. General Provisions [32600 - 32602] ( Chapter 1 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32600. This division shall be known, and may be cited, as the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Act. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  131. 32601.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 1. General Provisions [32600 - 32602] ( Chapter 1 added by Stats. 1999, Ch. 789, Sec. 1. )

    Verify source ↗

    The Legislature states that the listed rivers, mountains, hills, island, and watershed are a unique public resource that should be held in trust and preserved and enhanced for current and future generations.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 1. General Provisions [32600 - 32602] ( Chapter 1 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32601. The Legislature hereby finds and declares that the San Gabriel River and its tributaries, the lower Los Angeles River and its tributaries, the San Gabriel Mountains, Puente Hills, San Jose Hills, Santa Catalina Island, and the Dominguez Channel watershed constitute a unique and important open-space, environmental, anthropological, cultural, scientific, educational, recreational, scenic, and wildlife resource that should be held in trust to be preserved and enhanced for the enjoyment of, and appreciation by, present and future generations. (Amended by Stats. 2022, Ch. 718, Sec. 1. (SB 1122) Effective January 1, 2023.)
  132. 32602.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 1. General Provisions [32600 - 32602] ( Chapter 1 added by Stats. 1999, Ch. 789, Sec. 1. )

    Verify source ↗

    The Conservancy is created to acquire, manage, preserve, and support public and open-space lands and related recreational, educational, water, and habitat purposes in specified watersheds and Santa Catalina Island.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 1. General Provisions [32600 - 32602] ( Chapter 1 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32602. There is in the Natural Resources Agency the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, which is created as a state agency for the following purposes: (a) To acquire and manage public lands within the lower Los Angeles River and San Gabriel River watersheds, the Dominguez Channel watershed, and Santa Catalina Island, and to provide for open-space, low-impact recreational and educational uses, water conservation, watershed improvement, wildlife and habitat restoration and protection, and watershed improvement within the territory. (b) To preserve the San Gabriel River and the lower Los Angeles River, the Dominguez Channel watershed, and Santa Catalina Island consistent with existing and adopted river and flood control projects for the protection of life and property. (c) To acquire open-space lands within the territory of the conservancy. (d) To provide for the public’s enjoyment and enhancement of recreational and educational experiences on public lands in the San Gabriel Watershed and lower Los Angeles River, the San Gabriel Mountains, the Dominguez Channel watershed, and Santa Catalina Island in a manner consistent with the protection of lands and resources in those watersheds. (Amended by Stats. 2022, Ch. 718, Sec. 2. (SB 1122) Effective January 1, 2023.)
  133. 32603.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 2. Definitions [32603- 32603.] ( Chapter 2 added by Stats. 1999, Ch. 788, Sec. 1. )

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    This section defines “Board,” “Conservancy,” and “Territory” for this division, and says the section does not affect any other state conservancy’s jurisdiction.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 2. Definitions [32603- 32603.] ( Chapter 2 added by Stats. 1999, Ch. 788, Sec. 1. ) ## 32603. As used in this division, the following terms have the following meanings: (a) “Board” means the governing board of the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. (b) “Conservancy” means the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy. The conservancy may also be known as the Rivers and Mountains Conservancy. (c) (1) “Territory” means the territory of the conservancy that consists of those portions of the Counties of Los Angeles and Orange located within the San Gabriel River and its tributaries, the lower Los Angeles River and its tributaries, the San Gabriel Mountains, the Dominguez Channel watershed, and Santa Catalina Island, including, without limitation, all of the following: (A) The hydrologic basin or watershed that coincides with the upper San Gabriel River watershed, including the Upper Rio Hondo tributary, but not including any land area within the Santa Monica Mountains Conservancy as described in Chapter 2 (commencing with Section 33100) and Chapter 3 (commencing with Section 33200) of Division 23. The hydrologic basin or watershed is bounded by the San Gabriel Mountains to the north, the San Jose Hills to the east, the Puente Hills to the south, and by a series of hills and the Raymond Fault to the west. (B) The hydrologic basin or watershed that coincides with the lower San Gabriel River watershed. (C) The San Gabriel Mountains, including the Foothills Mountains Conservancy and the Puente Hills and San Jose Hills area, except any land area within the Santa Monica Mountains Conservancy as described in Chapter 2 (commencing with Section 33100) and Chapter 3 (commencing with Section 33200) of Division 23. (D) The hydrologic basin or watershed that coincides with the lower Los Angeles River south of the northernmost boundary of the City of Vernon, as of June 1, 1999, except any land area within the Santa Monica Mountains Conservancy, as described in Chapter 2 (commencing with Section 33100) and Chapter 3 (commencing with Section 33200) of Division 23. (E) The hydrologic basin or watershed that coincides with the Dominguez Channel watershed bounded by Manchester Boulevard in the City of Inglewood to the north and the Los Angeles and Long Beach Harbors to the south. (F) Santa Catalina Island, including the City of Avalon and unincorporated areas on the island. (2) To assist persons in understanding the breadth of the territory included within the territory described in paragraph (1), the Legislature declares that that territory includes the territory in all of the following cities and areas: (A) The territory within the city or community boundaries, as of January 1, 2022, of the following cities and communities: Alhambra, Anaheim, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bell Gardens, Bellflower, Bradbury, Buena Park, Carson, Cerritos, Claremont, Commerce, Compton, Covina, Cudahy, Cypress, Diamond Bar, Downey, Duarte, El Monte, Fullerton, Gardena, Glendora, Hawaiian Gardens, Hawthorne, Hermosa Beach, Huntington Park, Industry, Irwindale, La Habra, La Habra Heights, La Mirada, La Palma, La Puente, La Verne, Lakewood, Lawndale, Long Beach, Los Alamitos, Lynwood, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palos Verdes Estates, Paramount, Pico Rivera, Pomona, Rosemead, San Dimas, San Gabriel, San Pedro, Santa Fe Springs, Seal Beach, Signal Hill, South El Monte, South Gate, Temple City, Vernon, Walnut, West Covina, Whittier, Willowbrook, and Wilmington. (B) Portions of the following cities and communities that fall within the definition of territory described in paragraph (1): Brea, El Segundo, Los Angeles, Inglewood, Placentia, Redondo Beach, Rolling Hills, Rolling Hills Estates, and Torrance. (C) The unincorporated areas of the Counties of Los Angeles and Orange adjacent to the San Gabriel River and its tributaries, the lower Los Angeles River and its tributaries, the Dominguez Channel watershed, Santa Catalina Island, the San Gabriel Mountains, the Foothill Mountains, the Puente Hills, and the San Jose Hills area including, but not limited to, East Los Angeles. (d) Nothing in this section shall affect the jurisdiction of any other state conservancy. (Amended by Stats. 2022, Ch. 718, Sec. 3. (SB 1122) Effective January 1, 2023.)
  134. 32604.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. )

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    The conservancy must carry out listed planning, prioritization, project approval, and plan-updating duties for the San Gabriel and lower Los Angeles river areas.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32604. The conservancy shall do all of the following: (a) Establish policies and priorities for the conservancy regarding the San Gabriel River and the lower Los Angeles River, and their watersheds, and conduct any necessary planning activities, in accordance with the purposes set forth in Section 32602. (b) Give priority to river related projects that create expanded opportunities for recreation, greening, aesthetic improvement, and wildlife habitat along the corridor of the river, and in parts of the river channel that can be improved for the above purposes without infringing on water quality, water supply, and necessary flood control. (c) Approve conservancy funded projects that advance the policies and priorities set forth in Section 32602. (d) Prepare a San Gabriel and Lower Los Angeles Parkway and Open Space Plan to be approved by a majority of the cities representing a majority of the population, the Board of Supervisors of Los Angeles County, the Central Basin Water Association, and the San Gabriel Valley Water Association. The plan shall include, but not be limited to, all of the following elements: (1) A determination of the policies and priorities for the conservation of the San Gabriel River and its watershed, the lower Los Angeles River, and the San Gabriel Mountains, in accordance with the purposes of the conservancy as set forth in Section 32602. (2) A plan for incorporating, as relevant, the principles and planning work contained within the Los Angeles River Master Plan prepared by the County of Los Angeles. (3) An identification of underused existing public open spaces and recommendations for providing better public use and enjoyment in areas identified in the plan. (4) An identification of, and a priority program for implementing, those additional low-impact recreational and open space needs, including additional or upgraded facilities and parks that may be necessary or desirable. (e) Update the San Gabriel and Lower Los Angeles Parkway and Open Space Plan to include the priorities for conservation and enhanced public use within the Dominguez Channel watershed and Santa Catalina Island. (Amended by Stats. 2022, Ch. 718, Sec. 4. (SB 1122) Effective January 1, 2023.)
  135. 32605.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. )

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    This section sets the Conservancy board’s membership and who appoints the voting and ex officio members.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32605. The board shall consist of 15 voting members and 9 ex officio, nonvoting members, as follows: (a) The 15 voting members of the board shall be the following: (1) One member of the Board of Supervisors of the County of Los Angeles, or his or her designee, who represents the area or a portion thereof contained within the territory of the conservancy, appointed by the Governor. (2) Two members of the Governing Board of the San Gabriel Valley Council of Governments, one of whom shall be a mayor or city council member of a city bordering along the San Gabriel River, and one of whom shall be a mayor or city council member of a city bordering the San Gabriel Mountains area. One member shall be appointed by a majority of the membership of that governing board, and one member shall be appointed by the Senate Committee on Rules from a list of two or more potential members submitted by the governing board. If the governing board fails to provide to the Senate Committee on Rules a list of two or more potential members, at least 30 days prior to the date a current member’s term of office expires, the Senate Committee on Rules may appoint a mayor or city council member of a city bordering along the San Gabriel River or the San Gabriel Mountains, or a member of the public who resides within the territory of the conservancy. (3) Two members of the Board of Directors of the Gateway Cities Council of Governments, one of whom shall be the mayor of the City of Long Beach or a city council member of the City of Long Beach appointed by the mayor, and one of whom shall be appointed by the Speaker of the Assembly from a list of two or more potential members submitted by the executive committee of the Board of Directors of the Gateway Cities Council of Governments. The executive committee shall submit lists of potential members to the Speaker of the Assembly until an acceptable member is appointed. (4) Two members of the Orange County Division of the League of California Cities, both of whom shall be a mayor or city council member of a city bordering along the San Gabriel River or a tributary thereof. One member shall be appointed by a majority of the membership of the city selection committee of Orange County, and one member shall be appointed by the Governor from a list of two or more potential members submitted by the city selection committee. (5) One member shall be a representative of a member of the San Gabriel Valley Water Association appointed by a majority of the membership of the board of directors of the San Gabriel Valley Water Association. (6) One member shall be a representative of the Central Basin Water Association appointed by a majority of the membership of the board of directors of the Central Basin Water Association. (7) One member shall be a resident of Los Angeles County appointed by the Governor from a list of potential members submitted by local, state, and national environmental organizations that operate within the County of Los Angeles and within the territory of the conservancy and that have participated in planning for river restoration or open space, or both, or river preservation. (8) One member, appointed by the Governor, who is a resident of a city, not otherwise represented on the board at the time of the member’s appointment, bordering the Lower Los Angeles River. The Governor shall make the appointment from a list of two or more potential members submitted by the executive committee of the Board of Directors of the Gateway Cities Council of Governments. The executive committee shall submit lists of potential members to the Governor until he or she appoints a member. (9) One member, appointed by the Governor, who is a resident of a city, not otherwise represented on the board at the time of the member’s appointment, bordering the San Gabriel River. The Governor shall make the appointment from a list of two or more potential members submitted to the Governing Board of the San Gabriel Valley Council of Governments. The governing board shall submit lists of potential members to the Governor until he or she appoints a member. (10) The Secretary of the Natural Resources Agency, or his or her designee. (11) The Secretary for Environmental Protection, or his or her designee. (12) The Director of Finance, or his or her designee. (b) (1) Seven of the ex officio, nonvoting members shall be the following officers or an employee of each agency designated annually by that officer to represent the office or agency: (A) The District Engineer of the United States Army Corps of Engineers. (B) The Regional Forester for the Pacific Southwest Region of the United States Forest Service. (C) The Director of the Los Angeles County Department of Public Works. (D) The Director of the Orange County Public Facility and Resource Department. (E) A member of the San Gabriel River Watermaster, appointed by a majority of the members of the San Gabriel River Watermaster. (F) The Director of Parks and Recreation. (G) The Executive Officer of the Wildlife Conservation Board. (2) (A) Two of the ex officio, nonvoting members shall be the following: (i) One Member of the Senate, appointed by the Senate Committee on Rules. (ii) One Member of the Assembly, appointed by the Speaker of the Assembly. (B) A member appointed pursuant to this paragraph shall meet with the conservancy and participate in its activities to the extent that participation is compatible with his or her duties as a legislator. (Amended by Stats. 2015, Ch. 677, Sec. 1. (SB 355) Effective January 1, 2016.)
  136. 32606.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. )

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    Board members serve set terms, vacancies must be filled within 60 days, and membership ends immediately if the qualifying office, representation, or residency requirement is lost.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32606. (a) Except as provided in subdivision (c), the term of each voting member of the board shall be two years. Any vacancy shall be filled within 60 days of its occurrence by the appointing authority. (b) Notwithstanding subdivision (a), no person shall continue as a member of the board if he or she ceases to hold the office that qualifies that person to be appointed as a member of the board, or in the case of the member appointed pursuant to paragraph (5) or (6) of subdivision (a) of Section 32605, ceases to represent a member of the association. The membership on the board held by the person shall terminate immediately upon ceasing to hold that qualifying office or membership. Except as provided in subdivision (c), the position of any member appointed by the Governor shall be deemed vacant immediately if the member ceases to be a resident of the applicable territory. (c) The term of each of the members appointed pursuant to paragraphs (2) and (3) of subdivision (a) of Section 32605 shall be two years, or until the member’s successor is appointed, whichever is longer. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  137. 32607.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. )

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    The board’s voting members must choose a chairperson, vice chairperson, and any other needed officers. The conservancy may hire an executive officer and other necessary staff, and it may make certain service contracts, but the board must approve those contracts.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32607. (a) The voting members of the board shall elect a chairperson, vice chairperson, and other officers, as determined to be necessary, from among the board members. The terms of those offices shall be determined by the board. (b) The conservancy may employ an executive officer and other necessary staff to perform functions that cannot be provided by the existing personnel, by others on a contract basis, or by volunteers, and may enter into contracts for services requiring knowledge, experience, and ability not possessed by the conservancy staff. All those contracts shall be approved by the board. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  138. 32608.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. )

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    Board members who are not full-time public employees may be paid up to $75 for each regular meeting, up to 12 regular meetings a year, plus actual and necessary expenses. Any member may waive compensation.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32608. Members of the board who are not full-time public employees shall be compensated at a rate not to exceed seventy-five dollars ($75) per regular meeting, not to exceed 12 regular meetings per year, and the actual and necessary expenses incurred in the performance of their duties. Any member may waive compensation. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  139. 32609.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. )

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    The board needs a majority of its voting members for a quorum, must hold meetings under the Bagley-Keene Open Meetings Act, and any board action needs a majority vote when a quorum is present.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 3. Conservancy [32604 - 32609] ( Chapter 3 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32609. (a) A quorum shall consist of a majority of the voting members of the board. All meetings of the board shall be held in accordance with the Bagley-Keene Open Meetings Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (b) Any action of the board affecting any matter shall be taken by a majority vote of the membership of the board, a quorum being present. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  140. 3261.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.3. Oil and Gas Environmental Remediation Account [3260 - 3262] ( Article 4.3 repealed and added by Stats. 2016, Ch. 274, Sec. 3. )

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    The division must administer and manage the Oil and Gas Environmental Remediation Account, and account money may be used only after legislative appropriation for specified well-plugging, decommissioning, or site remediation work.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.3. Oil and Gas Environmental Remediation Account [3260 - 3262] ( Article 4.3 repealed and added by Stats. 2016, Ch. 274, Sec. 3. ) ## 3261. (a) Notwithstanding any other provision of this chapter, including the expenditure limitations of Section 3258, the division shall administer and manage the Oil and Gas Environmental Remediation Account, which is hereby established in the Oil, Gas, and Geothermal Administrative Fund. (b) Moneys in the account shall be used, upon appropriation by the Legislature, to plug and abandon oil and gas wells, decommission attendant facilities, or otherwise remediate sites that the supervisor determines could pose a danger to life, health, water quality, wildlife, or natural resources if there is no operator determined by the supervisor to be responsible for remediation pursuant to subdivision (c) of Section 3237 or who is able to respond. (Repealed and added by Stats. 2016, Ch. 274, Sec. 3. (AB 2756) Effective January 1, 2017.)
  141. 32611.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. )

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    The conservancy may manage and maintain lands and facilities it acquires, and it may adopt and enforce regulations about public use of those lands and facilities.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32611. The conservancy may manage, operate, administer, and maintain the lands and facilities it acquires, in accordance with the purposes set forth in Section 32602. The conservancy may adopt regulations governing the use by the public of conservancy lands and facilities and may provide for the enforcement of those regulations. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  142. 32612.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. )

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    The conservancy may buy and manage land for conservation purposes, but it cannot use eminent domain.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32612. (a) The conservancy may acquire real property or any interest in real property pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code) within the conservancy’s territory from willing sellers and at fair market value, upon a finding that the acquisition is consistent with the purposes of the conservancy, as set forth in Section 32602. The conservancy may acquire the property itself or may coordinate the acquisition through other public agencies that have the authority to acquire property and that have available funding or land to exchange. The conservancy may hold a remainder interest in property in those instances in which an owner desires to sell the property and retain a life estate, and may create and administer a mitigation land bank and arrange land exchanges, consistent with the purposes set forth in Section 32602. The overall objective of the land acquisition program shall be to assist in accomplishing land transactions that are mutually beneficial to the landowner and the conservancy, and that meet the conservancy’s purposes. Neither the conservancy nor the State Public Works Board shall exercise the power of eminent domain pursuant to this division. (b) To the extent not in conflict with any other law, the conservancy may exercise the right of first refusal for surplus public agency property located within its territory for the purposes of the conservancy set forth in Section 32602 subject to the conditions and provisions of the adopted San Gabriel and Lower Los Angeles Parkway and Open Space Plan, and shall conform to all relevant general and specific plans and zoning regulations of local agencies within the territory of the conservancy. (c) Prior to entering into an agreement to acquire any interest in real property within the territory of the conservancy for open space or conservation purposes, the conservancy shall provide 30 days written notice to the legislative body of the affected local agency, if such a project was not included in the San Gabriel and Lower Los Angeles Parkway and Open Space Plan. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  143. 32613.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. )

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    The conservancy has broad powers needed to carry out this division, but it cannot levy taxes, use eminent domain, or regulate land use except on land it owns, manages, or controls.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32613. (a) The conservancy shall have, and may exercise, all rights and powers, expressed or implied, necessary to carry out the purposes of this division, except as otherwise provided. (b) The conservancy may not levy a tax, exercise the power of eminent domain, or regulate land use except on lands it owns, manages or controls. The conservancy shall be subject to all laws, regulations, and general and specific plans of the legislative body of any city in which the conservancy proposes to take action. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  144. 32614.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. )

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    The conservancy may carry out listed powers, including contracts, property transfers, land-management agreements, volunteer coordination, access regulation, and facility or habitat projects. Before certain property-transfer agreements, it must give 30 days’ written notice to the affected local agency’s legislative body if the project was not in the specified plan.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32614. The conservancy may do all of the following: (a) Sue and be sued. (b) Enter into contracts with any public agency, private entity, or person necessary for the proper discharge of the conservancy’s duties, and enter into a joint powers agreement with a public agency, in furtherance of the purposes set forth in Section 32602. (c) Lease, rent, sell, exchange, or otherwise transfer any real property or interest therein or any option acquired under this division to a local public agency, state agency, federal agency, nonprofit organization, individual, or other entity pursuant to terms and conditions approved by the conservancy pursuant to terms and conditions approved by the conservancy for management purposes, in accordance with the purposes set forth in Section 32602. Prior to entering into an agreement to lease, rent, sell, exchange, or otherwise transfer any real property or interest therein or any option acquired under this division within the territory of the conservancy, the conservancy shall provide 30 days written notice to the legislative body of the affected local agency, if the project was not included in the San Gabriel and Lower Los Angeles Parkway and Open Space Plan. (d) Initiate, negotiate, and participate in an agreement for the management of land under its ownership or control by a local public agency, state agency, federal agency, nonprofit organization, individual, or other entity, and initiate, negotiate, and participate in an agreement for the management of land under the ownership or control of any of those entities by the conservancy, in accordance with the purposes set forth in Section 32602. (e) Enter into any other agreement with any public agency, private entity, or person necessary for the proper discharge of the conservancy’s duties for the purposes set forth in Section 32602. (f) Recruit and coordinate volunteers and experts to conduct interpretive and recreational programs and assist with construction projects and the maintenance of parkway facilities. (g) Undertake, within the territory, site improvement projects, regulate public access, and revegetate and otherwise rehabilitate degraded areas, in consultation with any other public agency with appropriate jurisdiction and expertise, in accordance with the purposes set forth in Section 32602. The conservancy may also, within the territory, upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, nature appreciation and interpretation, and natural resources projection. The conservancy may undertake those projects by itself or in conjunction with another local agency; however, the conservancy shall provide overall coordination of those projects by setting priorities for the projects and by ensuring a uniform approach to projects. The conservancy may undertake those projects with prior notification to the legislative body of the local agency that has jurisdiction in the area in which the conservancy proposes to undertake that activity. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  145. 32614.5.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. )

    Verify source ↗

    The conservancy may award grants, but nonprofit recipients of property grants must follow approval, price, security, transfer, and recording conditions.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32614.5. (a) The conservancy may award grants to local public agencies, state agencies, federal agencies, and nonprofit organizations for the purposes of this division. (b) Grants to nonprofit organizations for the acquisition of real property or interests in real property shall be subject to all of the following conditions: (1) The purchase price of any interest in land acquired by the nonprofit organization may not exceed fair market value as established by an appraisal approved by the conservancy. (2) The conservancy approves the terms under which the interest in land is acquired. (3) The interest in land acquired pursuant to a grant from the conservancy may not be used as security for any debt incurred by the nonprofit organization unless the conservancy approves the transaction. (4) The transfer of land acquired pursuant to a grant shall be subject to the approval of the conservancy and the execution of an agreement between the conservancy and the transferee sufficient to protect the interests of the state. (5) The state shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated. (6) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state, except that, prior to that termination, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property, by recording its acceptance of title, together with the conservancy’s approval, in writing. (c) Any deed or other instrument of conveyance whereby real property is acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the state. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  146. 32615.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. )

    Verify source ↗

    The conservancy must administer appropriated funds and may use them, and other contributed resources it accepts, for certain conservancy purposes.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32615. The conservancy shall administer any funds appropriated to it, and may expend those funds for capital improvements, land acquisition, or support of the conservancy’s operations, in accordance with the purposes set forth in Section 32602. The conservancy may also accept any revenue, money, grants, goods, or services contributed to it by any public agency, private entity, or person and, upon receipt, may use the revenue, money, grants, goods, or services for capital improvements, land acquisitions, or support of the conservancy’s operations, in accordance with the purposes set forth in Section 32602. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  147. 32616.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. )

    Verify source ↗

    The conservancy may charge fees for using its land or services, but each fee must stay within the cost of maintenance and operation or service provision.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 4. Powers and Duties [32611 - 32616] ( Chapter 4 added by Stats. 1999, Ch. 789, Sec. 1. ) ## 32616. (a) The conservancy may fix and collect fees for the use of any land owned or controlled, or for any service provided, by the conservancy. No fee shall exceed the cost of maintaining and operating the land or of providing the service for which the fee is charged. (b) The fee revenue and all other revenue received pursuant to this division shall be deposited in the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy Fund, which is hereby created in the State Treasury. The money in the fund shall be expended by the conservancy, upon appropriation by the Legislature, for the purposes of this division. (Added by Stats. 1999, Ch. 789, Sec. 1. Effective January 1, 2000.)
  148. 3262.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.3. Oil and Gas Environmental Remediation Account [3260 - 3262] ( Article 4.3 repealed and added by Stats. 2016, Ch. 274, Sec. 3. )

    Verify source ↗

    The division may adopt regulations to implement this article.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.3. Oil and Gas Environmental Remediation Account [3260 - 3262] ( Article 4.3 repealed and added by Stats. 2016, Ch. 274, Sec. 3. ) ## 3262. The division may adopt regulations to implement this article. (Repealed and added by Stats. 2016, Ch. 274, Sec. 3. (AB 2756) Effective January 1, 2017.)
  149. 32620.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 5. Limitations [32620 - 32621] ( Chapter 5 added by Stats. 1999, Ch. 788, Sec. 1. )

    Verify source ↗

    This section says the board is not given authority over city, county, or special district ordinances or regulatory measures on land use, water rights, or environmental quality.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 5. Limitations [32620 - 32621] ( Chapter 5 added by Stats. 1999, Ch. 788, Sec. 1. ) ## 32620. Nothing in this division shall be interpreted to grant the board any regulatory or governing authority over any ordinance or regulatory measure adopted by a city, county, or special district that pertains to land use, water rights, or environmental quality. (Added by Stats. 1999, Ch. 788, Sec. 1. Effective January 1, 2000.)
  150. 32621.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 5. Limitations [32620 - 32621] ( Chapter 5 added by Stats. 1999, Ch. 788, Sec. 1. )

    Verify source ↗

    The conservancy must not interfere with listed water-management powers, rights, orders, projects, or water-system operations. It must give 45 days’ written notice to affected water associations before approving covered actions, and it must consult other conservancies on overlapping projects.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 5. Limitations [32620 - 32621] ( Chapter 5 added by Stats. 1999, Ch. 788, Sec. 1. ) ## 32621. (a) Notwithstanding any other provision of this division, the conservancy shall not take any action that does any of the following: (1) Interferes or conflicts with the exercise of the powers or duties of any watermaster, public agency, or other body or entity responsible for groundwater or surface water management or groundwater replenishment as designated or established pursuant to any adjudication or statute. (2) Interferes or conflicts with any provision of any judgment or court order issued, or rule or regulation adopted, pursuant to any adjudication affecting water or water management in the San Gabriel River watershed and basin. (3) Impedes or adversely impacts any previously adopted Los Angeles County Drainage Area project, as described in the report of the Chief of Engineers dated June 30, 1992, including any supplement or addendum to that report as of September 1, 1999, or any maintenance agreement to operate the project. (4) Results in the degradation of water quality, or interferes or conflicts with any action by a watermaster or public agency that is authorized pursuant to statute, any water right or adjudication including, but not limited to, any action relating to water conservation, groundwater recharge, conservation or storage of water, or both, the pumping of groundwater, water treatment, the regulation of spreading, injection, pumping, storage, or the use of water from local sources, stormwater flows and runoff, or from imported or reclaimed water that is undertaken in connection with the management of the San Gabriel River or any branch, stream, fork, or tributary thereof, a groundwater basin, or groundwater resource. (5) Interferes with, obstructs, hinders, or delays the exercise of, any water right by the owner of a public water system, including, but not limited to, the construction, operation, maintenance, replacement, repair, location, or relocation of any well or water pumping, treatment, or storage facility, pipeline, or other facility or property necessary or useful to the operation of the public water system. (b) The conservancy shall provide written notice to every water association in the jurisdiction of the conservancy of any proposed action, policy, or project that may affect any water right or water delivery system at least 45 calendar days prior to the date set for approval of any of those matters by the conservancy. (c) As used in this section, “adjudication” means any final judgment or order entered in any judicial proceeding adjudicating or affecting water rights, surface water management, or groundwater management. (d) The conservancy shall consult with other conservancies within the Resources Agency prior to implementing any project pursuant to this division in which there may be a jurisdictional overlap between those conservancies. Each of those conservancies shall make its best effort to resolve any issues regarding any project development that is carried out pursuant to this division in a mutually advantageous and environmentally beneficial manner. Any dispute between the conservancies shall be referred to the Resources Agency for resolution. (Added by Stats. 1999, Ch. 788, Sec. 1. Effective January 1, 2000.)
  151. 32622.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 6. Lower Los Angeles River Working Group [32622- 32622.] ( Chapter 6 added by Stats. 2015, Ch. 684, Sec. 2. )

    Verify source ↗

    The Secretary must appoint a local working group, and the working group must prepare a Lower Los Angeles River revitalization plan by March 1, 2017.

    ## Public Resources Code - PRC ## DIVISION 22.8. SAN GABRIEL AND LOWER LOS ANGELES RIVERS AND MOUNTAINS CONSERVANCY [32600 - 32622] ( Division 22.8 added by Stats. 1999, Ch. 789, Sec. 1. ) ## CHAPTER 6. Lower Los Angeles River Working Group [32622- 32622.] ( Chapter 6 added by Stats. 2015, Ch. 684, Sec. 2. ) ## 32622. (a) The Secretary of the Natural Resources Agency shall appoint, in consultation with the Los Angeles County Board of Supervisors to the extent that the board wishes to consult, a local working group to develop a revitalization plan for the Lower Los Angeles River watershed, called the Lower Los Angeles River Working Group. The secretary shall consider requests from local agency representatives to participate in the working group. The working group may include, but need not be limited to, representatives from the conservancy, the County of Los Angeles, the Gateway Cities Council of Governments, the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority, elected officials of the cities riparian to the Los Angeles River, and nonprofit organizations serving the Los Angeles River region. (b) On or before March 1, 2017, the working group shall develop, through watershed-based planning methods, a revitalization plan that addresses the unique and diverse needs of the Lower Los Angeles River and the communities through which it passes. The plan shall be consistent with and enhance, and may be incorporated into, the County of Los Angeles’s Master Plan for the entire Los Angeles River. The plan shall include watershed education programs that help the Los Angeles River communities recognize the value of the river and the importance of protecting the river’s watershed resources and its vitality to their communities. (c) The conservancy shall provide any necessary staffing to the working group to assist in the development of the plan. (d) The development and implementation of the revitalization plan may be eligible for funding from any public or private source, including, but not limited to, funding pursuant to Section 79735 of the Water Code. Entities that are eligible to implement the revitalization plan include, but are not limited to, state agencies, local agencies, and nonprofit organizations, and may be eligible for state funding. (Added by Stats. 2015, Ch. 684, Sec. 2. (AB 530) Effective January 1, 2016.)
  152. 32630.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [32630 - 32632] ( Heading of Chapter 1 renamed from Article 1 by Stats. 2004, Ch. 183, Sec. 294. )

    Verify source ↗

    This division is named the San Diego River Conservancy Act and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [32630 - 32632] ( Heading of Chapter 1 renamed from Article 1 by Stats. 2004, Ch. 183, Sec. 294. ) ## 32630. This division shall be known, and may be cited, as the San Diego River Conservancy Act. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  153. 32631.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [32630 - 32632] ( Heading of Chapter 1 renamed from Article 1 by Stats. 2004, Ch. 183, Sec. 294. )

    Verify source ↗

    The section says the San Diego River is a resource to be restored, conserved, enhanced, and held in trust for present and future generations.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [32630 - 32632] ( Heading of Chapter 1 renamed from Article 1 by Stats. 2004, Ch. 183, Sec. 294. ) ## 32631. (a) The San Diego River is a natural, historic, and recreational resource in the heart of San Diego. From its headwaters near the town of Julian in east San Diego County, it runs 52 miles through Mission Valley and the first settlement in California at Old Town San Diego before it empties into the Pacific Ocean at Ocean Beach. The river has been subjected to intense development in some parts; it runs through one of San Diego’s most populated neighborhoods and is in need of restoration, conservation, and enhancement all along its length. The area presents excellent opportunities for recreation, scientific research, historic preservation of the first aqueduct in the United States, and educational and cultural activities, of value to California and the nation. Reestablishing the cultural and historic connections between the San Diego River, Old Town San Diego State Historic Park, the Military Presidio, and the Kumeyaay Nation will provide the public with the opportunity to appreciate the state’s historic beginnings. (b) Given the opportunities available, the state recognizes the importance of holding this land in trust to be preserved and enhanced for the enjoyment of present and future generations. (Amended by Stats. 2008, Ch. 406, Sec. 1. Effective January 1, 2009.)
  154. 32632.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [32630 - 32632] ( Heading of Chapter 1 renamed from Article 1 by Stats. 2004, Ch. 183, Sec. 294. )

    Verify source ↗

    This section defines key terms used in the division, including Conservancy, Fund, Governing board, historic flumes, local public agency, nonprofit organization, San Diego River area, and tribal nation.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [32630 - 32632] ( Heading of Chapter 1 renamed from Article 1 by Stats. 2004, Ch. 183, Sec. 294. ) ## 32632. For the purposes of this division, the following terms have the following meanings: (a) “Conservancy” means the San Diego River Conservancy established by this division. (b) “Fund” means the San Diego River Conservancy Fund established pursuant to Section 32657. (c) “Governing board” means the governing board of the conservancy. (d) “Historic flumes” means both of the following: (1) The Padre Dam flume built by Native Americans along the San Diego River to convey water from the Mission Dam to the Mission San Diego de Alcala in the early 1800s. (2) The flume built by the San Diego Flume Company in the late 1880s to convey water from a diverting dam on the upper San Diego River to the eastern edge of the City of San Diego. (e) “Local public agency” means a city, county, district, or joint powers agency. (f) “Nonprofit organization” means a private, nonprofit organization that qualifies for exempt status under Section 501(c)(3) of the Internal Revenue Code, as amended, and that has among its principal charitable purposes the preservation of land for scientific, historic, educational, recreational, scenic, or open-space opportunities, the protection of the natural environment, or preservation or enhancement of wildlife. (g) “San Diego River area” or “area” means those lands located within the watershed of the San Diego River, from its headwaters near Julian to the Pacific Ocean at Dog Beach in San Diego. (h) “Tribal nation” means a Kumeyaay Band that is a federally recognized tribe or a nonfederally recognized California Native American tribe that is on the contact list maintained by the Native American Heritage Commission. The Kumeyaay Band must be located within traditionally and culturally affiliated ancestral Kumeyaay territory within the County of San Diego. (Amended by Stats. 2022, Ch. 448, Sec. 1. (SB 1027) Effective January 1, 2023.)
  155. 32633.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. )

    Verify source ↗

    This section creates the San Diego River Conservancy within the Natural Resources Agency and states its purposes.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. ) ## 32633. There is in the Natural Resources Agency, the San Diego River Conservancy, which is created for the following purposes: (a) To acquire and manage public lands within the San Diego River area, and to provide recreational opportunities, open space, wildlife habitat and species restoration and protection, wetland protection and restoration, protection of historical and cultural resources, and protection, maintenance, and improvements of the quality of the waters in the San Diego River and its watershed, its tributaries, and historic flumes emanating from the river for all beneficial uses, lands for educational uses within the area, and natural floodwater conveyance. (b) To provide for the public’s enjoyment, and to enhance the recreational and educational experience and cultural and historic interpretation on public lands in the territory in a manner consistent with the protection of land and natural resources, as well as economic resources, in the area. (Amended by Stats. 2017, Ch. 306, Sec. 2. (SB 214) Effective January 1, 2018.)
  156. 32634.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. )

    Verify source ↗

    This section sets the San Diego River Conservancy board’s membership structure and says a member loses board membership if they stop holding the qualifying office.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. ) ## 32634. (a) The governing board of the conservancy shall consist of 16 voting members and two nonvoting members. (b) The voting members of the board shall consist of the following: (1) The Secretary of the Natural Resources Agency, or their designee. (2) The Director of Finance, or their designee. (3) The Director of Parks and Recreation, or their designee. (4) The Director of Fish and Wildlife, or their designee. (5) A representative of the Colorado Desert District of the Department of Parks and Recreation, or their designee. (6) Five members of the public at large, three of whom shall be appointed by the Governor, one of whom shall be appointed by the Senate Committee on Rules, and one of whom shall be appointed by the Speaker of the Assembly. (7) The Mayor of San Diego, or their designee. (8) One member of the City Council of El Cajon, elected by a majority of the membership of the council. (9) One member of the City Council of San Diego, elected by a majority of the membership of the council. (10) One member of the Board of Supervisors of the County of San Diego, whose district includes the preponderance of the San Diego River watershed. (11) One member of the Kumeyaay Diegueño Land Conservancy board of directors, elected by a majority of the membership of that board, or their designee. (12) One member of the City Council of Santee, elected by a majority of the membership of the council. (c) The two nonvoting members shall consist of the following: (1) The Executive Director of the Wildlife Conservation Board, or their designee. (2) A representative selected by the San Diego Regional Water Quality Control Board. (d) Two of the three initial appointments by the Governor pursuant to paragraph (4) of subdivision (b) shall be for three-year terms and the third appointment shall be for a two-year term. All subsequent appointments shall be for four-year terms. (e) A person shall not continue as a member of the governing board if that person ceases to hold the office that qualifies that person for membership. Upon the occurrence of those events, the person’s membership on the governing board shall automatically terminate. (Amended by Stats. 2022, Ch. 448, Sec. 2. (SB 1027) Effective January 1, 2023.)
  157. 32635.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. )

    Verify source ↗

    Some conservancy members may receive meeting compensation, and all members may be reimbursed for qualifying meeting and office-related expenses.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. ) ## 32635. The members of the conservancy that are not full-time public employees may be compensated for attendance at regular meetings of the conservancy at the rate of one hundred dollars ($100) per regular meeting, not to exceed 12 regular meetings a year. All members of the conservancy may be reimbursed the actual amount of the reasonable and necessary expenditures incurred in attending meetings of the conservancy and carrying out the duties of their office. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  158. 32636.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. )

    Verify source ↗

    The governing board must elect a chairperson and vice chairperson from its own members, each for a two-year term.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. ) ## 32636. The governing board shall elect from its own members a chairperson and vice chairperson, whose terms of office shall be two years, and who may serve more than one term. In the event of a vacancy, a new chairperson or vice chairperson may be elected by the governing body before the expiration of the two-year term to fill out the remainder of that two-year term. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  159. 32637.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. )

    Verify source ↗

    A quorum exists when a majority of the governing body's total voting membership is present, and with a quorum a majority vote of those present can conduct conservancy business.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. ) ## 32637. (a) A majority of the total voting membership of the governing body shall constitute a quorum for the transaction of the business of the conservancy. If a quorum is present, a majority vote of the members present is sufficient to transact the business of the governing board. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  160. 32638.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. )

    Verify source ↗

    The governing board must adopt its own rules and procedures needed to conduct its business.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 2. The San Diego River Conservancy [32633 - 32638] ( Heading of Chapter 2 renamed from Article 2 by Stats. 2004, Ch. 183, Sec. 295. ) ## 32638. The governing board shall adopt its own rules and procedures necessary to conduct its business. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  161. 32639.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy must establish an office in the San Diego River watershed, may rent or own property and equipment under applicable laws, and must not levy taxes or regulate land use.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32639. The conservancy shall establish an office within the San Diego River watershed. The conservancy may rent or own real and personal property and equipment pursuant to applicable statutes and regulations. The conservancy shall not levy a tax or regulate land use. (Amended by Stats. 2017, Ch. 306, Sec. 4. (SB 214) Effective January 1, 2018.)
  162. 32640.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    All governing board meetings are subject to the Bagley-Keene Open Meeting Act.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32640. All meetings of the governing board are subject to the Bagley-Keene Open Meeting Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code). (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  163. 32641.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The governing body must determine and appoint the conservancy’s executive officer and employ other necessary staff under the State Civil Service Act.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32641. The governing body shall determine the qualification of, and shall appoint, the executive officer of the conservancy and shall employ other necessary staff persons to execute the powers and duties of the conservancy in accordance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 1 of the Government Code). (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  164. 32642.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may establish advisory boards, panels, or committees and may engage in public outreach to help with decisionmaking for this division.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32642. The conservancy may do any of the following to assist in the decisionmaking process for the purposes of this division: (a) Establish advisory boards, panels, or committees. (b) Engage in public outreach. (Amended by Stats. 2018, Ch. 738, Sec. 1. (SB 1367) Effective January 1, 2019.)
  165. 32643.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may hire consultants or contractors, make memorandums of understanding, and enter joint powers agreements to provide necessary services.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32643. The conservancy may do any of the following to provide necessary services: (a) Select and hire private consultants or contractors. (b) Enter into memorandums of understanding with state and local public agencies, and other entities and organizations. (c) Enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act, as described in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (Amended by Stats. 2018, Ch. 738, Sec. 2. (SB 1367) Effective January 1, 2019.)
  166. 32644.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy’s jurisdiction is limited to the San Diego River watershed.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32644. The jurisdiction of the conservancy is limited to the watershed of the San Diego River. (Amended by Stats. 2022, Ch. 448, Sec. 3. (SB 1027) Effective January 1, 2023.)
  167. 32645.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may acquire, hold, and coordinate acquisitions of certain real property interests for this division, and local public agencies keep exclusive zoning and land use authority in their jurisdictions.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32645. The conservancy may take any of the following actions for the purposes of this division: (a) Select and acquire real property or interests in real property in the name of the state pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). The conservancy may coordinate the acquisition with public agencies or partner organizations if the site is under immediate development pressure. (b) Acquire interests in land by various means, including, but not limited to, land exchanges, easements, development rights, life estates, leases, and leaseback agreements. (c) Accept and hold real property or an interest in real property that is acquired through acquisition, gift, exchange, donation, or dedication. (d) Local public agencies shall retain exclusive authority over all zoning or land use regulations within their jurisdiction. (Amended by Stats. 2017, Ch. 306, Sec. 6. (SB 214) Effective January 1, 2018.)
  168. 32646.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy has first refusal to buy certain public lands in its jurisdiction, and it may not use eminent domain.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32646. Notwithstanding any other provision of law, the conservancy has the first right of refusal to acquire any public lands that are suitable for park and open space within the conservancy’s jurisdiction when those lands become available. The conservancy may not exercise the power of eminent domain. (Amended by Stats. 2007, Ch. 646, Sec. 7. Effective January 1, 2008.)
  169. 32647.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may work with public agencies to provide real estate services and may delegate authority to execute agreements for acquiring or disposing of real property interests.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32647. The conservancy may designate or enter into an agreement with any public agency to provide real estate services, and may assign authority to execute agreements for the acquisition or disposal of real property or interests in real property. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  170. 32648.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may not enter into an option to purchase land if the amount is more than $300,000.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32648. Notwithstanding any other provision of law, the conservancy may not enter into an option to purchase land in fee simple or a lesser interest for an amount in excess of three hundred thousand dollars ($300,000). (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  171. 32649.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may award grants, but real-property grants come with approval, recording, use, resale, and repayment conditions.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32649. (a) The conservancy may award grants to any local public agency, state agency, joint powers agency, special district, tribal nation, and nonprofit organization consistent with the purposes of this division. (b) A grant from the conservancy to an entity described in subdivision (a) for the acquisition of real property or an interest in real property is subject to all of the following conditions: (1) The purchase price of any interest in land acquired may not exceed fair market value, as established by an appraisal that is approved by the conservancy. (2) The conservancy shall approve the terms under which the interest in land is acquired. (3) An interest in land acquired through the use of a grant may not be used as security for any debt to be incurred by the entity. (4) A transfer of land acquired through the use of a grant is subject to the approval of the conservancy and the execution of an agreement between the conservancy and the transferee sufficient to protect the interest of the people of the state. (5) The state shall have the right of entry and power of termination over any interest in real property acquired with state funds, and may exercise those rights if any material term or condition of the grant is violated. (6) If the entity receiving the grant ceases to exist for any reason, the title to all interests in real property acquired with state funds shall immediately vest in the state, except that, prior to that termination, any other public agency or nonprofit organization may receive, upon approval by the conservancy, title to all or a portion of that interest, by recording a written acceptance of title and the conservancy’s written approval with the county recorder’s office of the county with jurisdiction over the property. (7) If the terms and conditions of the grant are not met, the conservancy may seek repayment of moneys granted pursuant to that grant. (c) Any deed or other instrument of conveyance evidencing the final acquisition of real property by an entity pursuant to this section shall be recorded with the county recorder’s office in the county with jurisdiction over the property, and shall detail the state’s right of entry and power of termination of any interest in the property. (Amended by Stats. 2017, Ch. 306, Sec. 7. (SB 214) Effective January 1, 2018.)
  172. 32650.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may transfer real property it acquired under this division to specified public and private recipients for management purposes, under conservancy-approved terms.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32650. Notwithstanding any other provision of law, the conservancy may lease, rent, sell, exchange, or otherwise transfer any real property or interest in real property that is acquired under this division to a local public agency, state agency, federal agency, nonprofit organization, individual, corporate entity, or partnership for management purposes pursuant to terms and conditions approved by the conservancy. The conservancy may request the Director of General Services to undertake these actions on its behalf. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  173. 32651.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may manage land, make agreements, improve or preserve lands, adjust parcels or boundaries, and fix and collect service fees.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32651. The conservancy may take any of the following actions for the purposes of this division: (a) Initiate, negotiate, and participate in agreements for the management of land under its ownership or control with a local public agency, state agency, federal agency, nonprofit organization, tribal nation, individual, corporate entity, and partnership, and enter into any other agreement authorized by state or federal law. (b) Improve, develop, and preserve lands for the purpose of protecting the natural, cultural, and historical resources, or otherwise meeting the purposes of this division. Those purposes include protecting environmental resources by preserving and enhancing the state’s most valuable natural resources in the San Diego River area, including natural lands such as wetlands, watersheds, wildlife habitat, and other wildlands, recreation lands such as parks, trails, greenbelts, and other open-space lands, and landscapes with locally unique features and areas identified by the state as deserving special protection. (c) Merge or split parcels, adjust boundary lines, or take similar actions as part of the acquisition of land, or as needed in order to facilitate the management of land under its ownership or control. (d) Fix and collect fees for any service rendered by the conservancy. The amount of the fee may not exceed the reasonable cost of providing the service rendered by the conservancy. (Amended by Stats. 2017, Ch. 306, Sec. 8. (SB 214) Effective January 1, 2018.)
  174. 32652.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may receive gifts, donations, grants, rent, royalties, and other financial aid or funds from private or public sources.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32652. The conservancy may receive any gift, donation, subvention, grant, rent, royalty, and other financial aid and funds from any private or public source, or both. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  175. 32653.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may run a resource stewardship program for the San Diego River Area, and it must set policies, planning activities, and project priorities for that area.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32653. (a) The conservancy may develop and coordinate an integrated program of resource stewardship to manage the entire San Diego River Area in a manner that balances the recreational needs of the surrounding communities with strong protection of the area’s natural resources. (b) The conservancy shall establish policies and priorities within the San Diego River Area, and conduct any necessary planning activities in accordance with the purposes of this division. (c) The conservancy shall establish priorities to be given to projects that create or enhance opportunities that provide recreation, aesthetic improvement, wildlife habitat, wetlands protection, water quality, and natural flood control in the San Diego River Area. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  176. 32654.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may take several actions for degraded areas, including site improvements, public-access regulation, restoration, and rehabilitation. It may also upgrade deteriorating facilities and build new ones when needed for recreation, nature appreciation, interpretation, or natural resource protection.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32654. (a) The conservancy, in consultation with other public agencies with appropriate jurisdiction and expertise, may do all of the following for any degraded area: (1) Undertake site improvement projects. (2) Regulate public access. (3) Provide for restoration and rehabilitation. (b) The conservancy may upgrade deteriorating facilities, and construct new facilities as needed for outdoor recreation, nature appreciation and interpretation, and natural resource protection. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  177. 32655.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may exercise all rights and powers needed to carry out this division’s purposes, unless another provision says otherwise.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32655. The conservancy has, and may exercise, all rights and powers, expressed or implied, necessary to carry out the purposes of this division, except as otherwise provided. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  178. 32656.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy may sue and be sued.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32656. The conservancy may sue and be sued. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  179. 32656.1.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

    Verify source ↗

    The conservancy must prepare and submit a report to the Governor and the Legislature every odd-numbered year by January 1, starting in 2017.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 3. Powers and Duties [32639 - 32656.1] ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. ) ## 32656.1. (a) On or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, the conservancy shall prepare and submit to the Governor and the Legislature a report that includes all of the following: (1) A description of, and the amount of money expended for, every project funded or undertaken by the conservancy, directly or by an entity under the direction of the conservancy, during the two years prior to the date of the report. (2) A description of the progress made in accomplishing the purposes of this division during the two years prior to the date of the report. (3) Recommendations regarding legislative action that may be necessary to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives. (4) A summary of the program established in Chapter 4.5 (commencing with Section 32659). (b) The report shall be submitted to the Legislature in the manner provided in Section 9795 of the Government Code. (Amended by Stats. 2018, Ch. 738, Sec. 3. (SB 1367) Effective January 1, 2019.)
  180. 32657.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4. San Diego River Conservancy Fund [32657 - 32658] ( Heading of Chapter 4 renamed from Article 4 by Stats. 2004, Ch. 183, Sec. 297. )

    Verify source ↗

    The San Diego River Conservancy Fund is created, and its money may be used for this division’s purposes only after appropriation.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4. San Diego River Conservancy Fund [32657 - 32658] ( Heading of Chapter 4 renamed from Article 4 by Stats. 2004, Ch. 183, Sec. 297. ) ## 32657. The San Diego River Conservancy Fund is hereby created. Moneys in the fund shall be available, upon appropriation, for the purposes of this division. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  181. 32658.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4. San Diego River Conservancy Fund [32657 - 32658] ( Heading of Chapter 4 renamed from Article 4 by Stats. 2004, Ch. 183, Sec. 297. )

    Verify source ↗

    Money from leases, rentals, sales, exchanges, or transfers of land or real property must be deposited in the fund and may be spent for this division’s purposes only if the Legislature appropriates it.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4. San Diego River Conservancy Fund [32657 - 32658] ( Heading of Chapter 4 renamed from Article 4 by Stats. 2004, Ch. 183, Sec. 297. ) ## 32658. Proceeds or income from any lease, rental, sale, exchange, transfer of land, or interest in real property shall be deposited in the fund and shall be available for expenditure for the purposes of this division, upon appropriation by the Legislature. (Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)
  182. 32659.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. )

    Verify source ↗

    The Legislature states findings about creating the San Diego Rivers Watershed Consortium Program and its purpose to help conserve, restore, and protect the listed watersheds.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. ) ## 32659. The Legislature finds and declares all of the following: (a) The San Diego Rivers Watershed Consortium Program will establish advisory panels for the designated watersheds of the Otay River, the Sweetwater River, and part of the Tijuana River in southern San Diego County. (b) The San Diego region is home to one of the fastest growing populations in the nation, which is expected to grow from its current 3,300,000 people to 4,000,000 people by 2050. (c) Residents in the southern region of San Diego County do not all have direct access to green space and public lands. Park poor communities are highly concentrated south of the San Diego River watershed. One benefit of living in the San Diego region is year-round access to the outdoors and the ability to improve the health and well-being of the general public by improving public access to public lands. (d) The watersheds of the Otay River, Sweetwater River, and Tijuana River are extraordinary natural resources of statewide significance that have been subject to intense development and are in need of conservation, restoration, protection, including protection of sensitive species, improved water quality, and improved overall health of the ecosystems of the individual watersheds. (e) The establishment of the program will enable the state to bring together multiple stakeholders to assess the needs of each watershed’s ecosystem and collaborate on watershedwide programs that conserve, restore, and protect natural, historical and cultural resources, wildlife, water quality, and natural floodwater conveyance, and that enhance the overall health of each watershed for beneficial uses, including public enjoyment of recreation and education. (f) The state has an interest in working with organizations to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources in rivers and watersheds located in the southern region of the County of San Diego. (g) The intent of the program is to protect and preserve the health of the watershed for each river within the consortium including streams, rivers, wetlands, estuaries, and the diverse natural habitats that are home to plants and animals and that provide educational and recreational opportunities for the public to steward the region’s globally unique and diverse plants and wildlife for future generations to enjoy. (Added by Stats. 2018, Ch. 738, Sec. 4. (SB 1367) Effective January 1, 2019.)
  183. 32659.1.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. )

    Verify source ↗

    This section defines three terms used in the chapter: “Account,” “Consortium watershed area,” and “Program.”

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. ) ## 32659.1. The following terms have the following meanings: (a) “Account” means the San Diego Rivers Watershed Consortium Program Account established in the San Diego River Conservancy Fund pursuant to subdivision (a) of Section 32659.8. (b) “Consortium watershed area” means lands located within the watersheds of the Otay River, the Sweetwater River, and the parts of the Tijuana River within the state, from the headwaters of each river to the Pacific Ocean. (c) “Program” means the San Diego Rivers Watershed Consortium Program established pursuant to this chapter. (Amended by Stats. 2019, Ch. 497, Sec. 226. (AB 991) Effective January 1, 2020.)
  184. 32659.2.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. )

    Verify source ↗

    The conservancy must establish a program to create advisory panels and work with local public agencies and other entities on potential project funding for watershed restoration and public access.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. ) ## 32659.2. The conservancy shall establish the San Diego Rivers Watershed Consortium Program to create advisory panels to work cooperatively with local public agencies and other entities to identify potential project funding, including grant funding, to be used to restore the consortium watershed area and to improve public access to public lands. (Added by Stats. 2018, Ch. 738, Sec. 4. (SB 1367) Effective January 1, 2019.)
  185. 32659.3.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. )

    Verify source ↗

    The conservancy must create an advisory panel for each watershed and prepare an annual report on panel meetings.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. ) ## 32659.3. (a) The conservancy shall create an advisory panel for each watershed to offer advice, expertise, support, or service to each watershed without compensation in accordance with the following requirements: (1) The conservancy shall solicit the names of persons to serve as members of each panel from organizations and entities representing watersheds in the consortium watershed area, and those persons shall be appointed to serve on the panel representing the area in which the organization or entity is located. (2) The members of the advisory panels shall serve on a voluntary basis and without reimbursement from the conservancy. (3) Each member of an advisory panel shall serve for a two-year term. (4) A member’s service as a member of an advisory panel shall end at the time that person ceases to be employed by, or serve as a representative of, the appointing organization. (5) Advisory panels shall meet at least twice each calendar year at one or more locations within the County of San Diego. (6) Meetings of the advisory panels shall be open to the public and subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (b) In appointing members and facilitating the work of the advisory panels, the conservancy shall be subject to all laws, regulations, and general and specific plans of the legislative body of the city or county with geographic jurisdiction over the specified watershed areas. (c) The conservancy shall prepare an annual report on the status of the meetings of the advisory panels, which shall be included in the executive officer of the conservancy’s report to the governing board. (Added by Stats. 2018, Ch. 738, Sec. 4. (SB 1367) Effective January 1, 2019.)
  186. 32659.4.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. )

    Verify source ↗

    The conservancy must establish three advisory panels.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. ) ## 32659.4. The conservancy shall establish the following advisory panels: (a) The Otay River Watershed Advisory Panel, comprised of the following members: (1) A conservancy board member or the member’s designee. (2) A representative of the City of Chula Vista, appointed by its city council. (3) A representative of the City of Imperial Beach, appointed by its city council. (4) A representative of the City of National City, appointed by its city council. (5) A representative of the City of San Diego, appointed by its city council. (6) A representative of the County of San Diego, appointed by the Board of Supervisors of the County of San Diego. (7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board. (8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation. (9) A representative of the Kumeyaay Diegueño Land Conservancy, appointed by that conservancy. (10) A representative of a university or college in the San Diego area, appointed by the president of the university or college. (11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district. (b) The Sweetwater River Watershed Advisory Panel, comprised of the following members: (1) A conservancy board member or the member’s designee. (2) A representative of the City of La Mesa, appointed by its city council. (3) A representative of the City of Lemon Grove, appointed by its city council. (4) A representative of the City of Chula Vista, appointed by its city council. (5) A representative of the City of San Diego, appointed by its city council. (6) A representative of the County of San Diego, appointed by the Board of Supervisors of the County of San Diego. (7) A representative of the San Diego Regional Water Quality Control Board, appointed by that board. (8) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation. (9) A representative of the Kumeyaay Diegueño Land Conservancy, appointed by the governing board of that conservancy. (10) A representative of a university or college in the San Diego area, appointed by the president of the university or college. (11) A representative of the San Diego Unified Port District, appointed by the governing board of the port district. (12) A representative of the City of National City, appointed by its city council. (13) A representative of the Sweetwater Authority, appointed by the authority. (c) The Tijuana River Watershed Advisory Panel, comprised of the following members: (1) A conservancy board member, or the member’s designee. (2) A representative of the City of Imperial Beach, appointed by its city council. (3) A representative of the City of San Diego, appointed by its city council. (4) A representative of the County of San Diego, appointed by the Board of Supervisors of San Diego County. (5) A representative of the San Diego Regional Water Quality Control Board, appointed by that board. (6) A representative of the Department of Parks and Recreation, appointed by the Director of Parks and Recreation. (7) A representative of the Kumeyaay Diegueño Land Conservancy, appointed by that conservancy. (8) A representative of a university or college in the San Diego area, appointed by the president of the university or college. (9) A representative of the San Diego Unified Port District, appointed by the governing board of the port district. (Amended by Stats. 2019, Ch. 497, Sec. 227. (AB 991) Effective January 1, 2020.)
  187. 32659.5.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. )

    Verify source ↗

    Advisory panels appointed under Section 32659.4 must prepare a strategic plan.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. ) ## 32659.5. The advisory panels appointed pursuant to Section 32659.4 shall each prepare a strategic plan containing all of the following: (a) A system for prioritizing each designated river watershed that shall give priority to watershedwide projects that create and expand opportunities to protect, enhance, and restore the natural, historical, cultural, educational, and recreational resources of the watershed. (b) A summary of the policies and priorities for each river watershed. (c) A description of each watershed identifying underused, existing public open spaces, trails, and other facilities, and recommendations of ways to provide better public use and enjoyment in the designated areas. (d) A plan for implementing the program in conformance with all related general and specific plans and zoning regulations of the local and regional municipalities within each watershed. (Added by Stats. 2018, Ch. 738, Sec. 4. (SB 1367) Effective January 1, 2019.)
  188. 32659.6.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. )

    Verify source ↗

    The conservancy may carry out several program-related actions, including site improvements, public access, restoration, direct projects, grants, facility upgrades, and assistance to advisory panels.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. ) ## 32659.6. The conservancy may do all of the following in implementing the program: (a) Undertake site improvement projects within the consortium watershed area. (b) Provide for public access within the consortium watershed area. (c) Provide for restoration and rehabilitation within the consortium watershed area. (d) Undertake projects directly and award grants to public agencies, Native American Indian tribes, nonprofit organizations, and joint powers authorities to help achieve the intent of the program. (e) Upgrade deteriorating facilities and construct new facilities as needed for outdoor recreation, natural education and interpretation, and resource protection within the consortium watershed area. (f) Provide assistance to each advisory panel established pursuant to this chapter. (Added by Stats. 2018, Ch. 738, Sec. 4. (SB 1367) Effective January 1, 2019.)
  189. 32659.7.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. )

    Verify source ↗

    The conservancy must not use eminent domain, tax, control another public agency’s land except under a written agreement, or take actions that interfere with adopted local or community plans.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. ) ## 32659.7. Notwithstanding any other law, the conservancy shall not take any of the following actions: (a) Exercise the power of eminent domain. (b) Manage, regulate, or control the use of any land owned or leased by another public agency, except as provided pursuant to a written agreement with that public agency. (c) Levy a tax. (d) Take any action that interferes with, conflicts with, impedes, adversely impacts, or prevents the planning and implementation of projects and programs contained in adopted local or community plans. (Added by Stats. 2018, Ch. 738, Sec. 4. (SB 1367) Effective January 1, 2019.)
  190. 32659.8.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. )

    Verify source ↗

    Creates a program account, requires funds received under this chapter to be deposited into it, and lets the conservancy seek and accept outside assistance and use contributed goods or services for program purposes.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. ) ## 32659.8. (a) The San Diego Rivers Watershed Consortium Program Account is hereby created in the San Diego River Conservancy Fund. Moneys in the account shall accrue interest and be available, upon appropriation by the Legislature, to the conservancy for expenditure for the purposes of this chapter. (b) (1) All funds received pursuant to this chapter shall be deposited in the account. (2) The conservancy may apply for and accept grants, gifts, donations, subventions, rent, royalties, and other assistance from public and private sources on behalf of the program. (3) The conservancy may also accept goods or services contributed to it by a public agency, private entity, or person and, upon receipt, may use the goods or services, for program purposes. (Added by Stats. 2018, Ch. 738, Sec. 4. (SB 1367) Effective January 1, 2019.)
  191. 32659.9.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. )

    Verify source ↗

    The conservancy must administer program funds and may spend them on grants, services, invasive species control and removal, capital improvements, program operations, and related program purposes.

    ## Public Resources Code - PRC ## DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9] ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. ) ## CHAPTER 4.5. San Diego Rivers Watershed Consortium [32659 - 32659.9] ( Chapter 4.5 added by Stats. 2018, Ch. 738, Sec. 4. ) ## 32659.9. The conservancy shall administer funds appropriated to it for the program and may expend those funds for grants, goods, services, control and removal of invasive species, capital improvements, support of the program’s operations, and to carry out the program’s intent and purpose. (Added by Stats. 2018, Ch. 738, Sec. 4. (SB 1367) Effective January 1, 2019.)
  192. 3270.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. )

    Verify source ↗

    The division must set minimum maintenance standards for production facilities, and operators covered by the section must follow them, notify the supervisor about facility changes, and keep maintenance records available.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. ) ## 3270. (a) The division shall, by regulation, prescribe minimum facility maintenance standards for all production facilities in the state. The regulations shall include, but are not limited to, standards for all of the following: (1) Leak detection. (2) Corrosion prevention and testing. (3) Tank inspection and cleaning. (4) Valve and gauge maintenance, and secondary containment maintenance. (5) Other facility or equipment maintenance that the supervisor deems important for the proper operation of production facilities and that the supervisor determines are necessary to prevent damage to life, health, property, and natural resources; damage to underground oil and gas deposits from infiltrating water and other causes; loss of oil, gas, or reservoir energy; and damage to underground and surface waters suitable for irrigation or domestic purposes by the infiltration of, or the addition of, detrimental substances. (b) An operator who constructs, acquires, maintains, or alters an oil well or a production facility shall comply with the standards prescribed pursuant to subdivision (a). (c) In a form and at a time prescribed by the division in regulation, an operator shall notify the supervisor of the construction, alteration, or decommissioning of a production facility. (d) An operator shall maintain at the production facility’s local office records of maintenance and repair operations, tests, and inspections, and shall provide the supervisor with access to these records at all times during normal business hours and with copies of the records immediately, upon request. (Added by Stats. 2008, Ch. 562, Sec. 9. Effective January 1, 2009.)
  193. 3270.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. )

    Verify source ↗

    A facility operator must file a spill contingency plan with the division within three months after acquiring a production facility, or when initial production begins.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. ) ## 3270.1. Within three months of its acquisition of a production facility or at the time of the initial production at its production facility, the facility operator shall file with the division a spill contingency plan. (Added by Stats. 2008, Ch. 562, Sec. 9. Effective January 1, 2009.)
  194. 3270.2.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. )

    Verify source ↗

    The division must inspect production facilities for compliance with certain regulations.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. ) ## 3270.2. The division shall inspect production facilities to ensure compliance with the standards prescribed in the regulations promulgated pursuant to subdivision (a) of Section 3270. (Added by Stats. 2008, Ch. 562, Sec. 9. Effective January 1, 2009.)
  195. 3270.3.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. )

    Verify source ↗

    If the supervisor or district deputy finds a production facility is violating Section 3270(a) standards, the supervisor may order the operator to stop operating until the violation is fixed.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. ) ## 3270.3. In addition to any other remedy provided by law, the supervisor, upon his or her determination or that of the district deputy that a production facility is being operated in violation of the standards prescribed in subdivision (a) of Section 3270, may issue a cease and desist order to a production facility operator requiring the operator to cease operation until the operator demonstrates, to the satisfaction of the supervisor, that the violation has been corrected. (Added by Stats. 2008, Ch. 562, Sec. 9. Effective January 1, 2009.)
  196. 3270.4.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. )

    Verify source ↗

    The supervisor may require certain operators to post a life-of-well or life-of-production facility bond, and may use or release it under specified conditions.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. ) ## 3270.4. (a) In addition to the bonding requirements under Article 4 (commencing with Section 3200), for an operator with a history of violating this chapter or that has outstanding liabilities to the state associated with a well or production facility, the supervisor may require a life-of-well or life-of-production facility bond in an amount adequate to ensure all of the following: (1) The proper plugging and abandonment of each well. (2) The safe decommissioning of each production facility. (3) The financing of spill response and incident cleanup. (b) Upon the failure of an operator to properly plug and abandon a well, decommission a production facility, or perform the appropriate spill response and incident cleanup, the supervisor may levy on the bond to obtain money to pay the cost of the work. (c) The supervisor may release a life-of-production facility bond upon the satisfactory decommissioning of a production facility, or when an operator has provided another valid life-of-production facility bond. (d) The supervisor may release a life-of-well bond upon the satisfactory plugging and abandonment of all wells covered by the bond or when an operator has provided another valid life-of-well bond. (e) Whenever an operator sells, assigns, transfers, conveys, exchanges, or otherwise disposes to another operator a well or production facility that is covered by a life-of-well bond or a life-of-production facility bond, the new operator shall replace the life-of-well or life-of-production bond, as applicable, and maintain the new bond for five years before it may be released by the supervisor. (f) In lieu of the indemnity bond required by this section, the supervisor may accept a deposit given pursuant to Article 7 (commencing with Section 995.710) of Chapter 2 of Title 14 of Part 2 of the Code of Civil Procedure, excluding a deposit of money, bearer bonds, or bearer notes. (g) The supervisor shall adopt regulations specifying the content, including the conditions, of the bond or other security instrument required by this section. (Added by Stats. 2008, Ch. 562, Sec. 9. Effective January 1, 2009.)
  197. 3270.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. )

    Verify source ↗

    The division must review certain gas pipeline regulations by January 1, 2018, and operators in sensitive areas must submit up-to-date maps and location information to the division.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. ) ## 3270.5. (a) (1) By January 1, 2018, the division shall review and evaluate, and update as appropriate, its existing regulations regarding all active gas pipelines that are four inches or less in diameter, located in sensitive areas, and 10 years old or older. The division shall make a written finding of its review and evaluation of these pipelines. (2) In its review and evaluation, the division shall consider existing pipeline integrity, pipeline leak detection, and other pipeline assessment requirements imposed by other regulators to determine which of these forms of assessment meet the division’s needs. (3) The regulations shall ensure the integrity and operation of these active gas pipelines pursuant to Sections 3106 and 3270. (b) (1) By January 1, 2018, an operator of an active gas pipeline in a sensitive area shall submit to the division, as part of compliance with pipeline management plan requirements pursuant to Section 1774.2 of Title 14 of the California Code of Regulations, an up-to-date and accurate map identifying the location of the pipeline and other up-to-date and accurate locational information of the pipeline as determined and in a format specified by the division. (2) The division shall perform random periodic spot check inspections to ensure that the information submitted pursuant to paragraph (1) is accurately reported. (3) The division shall maintain a list of active gas pipelines in sensitive areas. (c) For purposes of this section, the following terms are defined as follows: (1) “Active gas pipeline” means an inservice gas pipeline regardless of diameter that is within the division’s jurisdiction. (2) “Sensitive area” means any of the following: (A) An area containing a building intended for human occupancy, such as a residence, school, hospital, or business, that is located within 300 feet of an active gas pipeline and that is not necessary to the operation of the pipeline. (B) An area determined by the supervisor to present significant potential threat to life, health, property, or natural resources in the event of a leak from an active gas pipeline. (C) An area determined by the supervisor to have an active gas pipeline that has a history of chronic leaks. (d) This section does not affect or limit the authority of the supervisor pursuant to Section 3106, 3270, or any other section of this code, or any regulation implementing those sections. (Added by Stats. 2015, Ch. 601, Sec. 3. (AB 1420) Effective January 1, 2016.)
  198. 3270.6.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. )

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    If a leak is discovered in an active gas pipeline within a sensitive area, the pipeline owner or operator must promptly notify the division and the local health officer (or designee).

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.4. Regulation of Production Facilities [3270 - 3270.6] ( Article 4.4 added by Stats. 2008, Ch. 562, Sec. 9. ) ## 3270.6. Upon the discovery of a leak from an active gas pipeline that is within a sensitive area, as defined in Section 3270.5, the owner or operator of the pipeline shall promptly notify the division and the local health officer, or his or her designee, of the jurisdiction in which the leak is located. (Added by Stats. 2015, Ch. 601, Sec. 4. (AB 1420) Effective January 1, 2016.)
  199. 3275.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.5. Interstate Cooperation in Oil and Gas Conservation [3275 - 3277] ( Article 4.5 added by Stats. 1974, Ch. 1335. )

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    California ratifies and approves the Interstate Compact to Conserve Oil and Gas, and the compact becomes state law when it becomes operative.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.5. Interstate Cooperation in Oil and Gas Conservation [3275 - 3277] ( Article 4.5 added by Stats. 1974, Ch. 1335. ) ## 3275. The Legislature of the State of California hereby ratifies and approves “The Interstate Compact to Conserve Oil and Gas,” and the amendment, extension, and renewal thereof, as set forth in Section 3276. The provisions of the compact shall become the law of this state upon the compact becoming operative as provided in Article VIII of the compact. (Added by Stats. 1974, Ch. 1335.)
  200. 3276.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.5. Interstate Cooperation in Oil and Gas Conservation [3275 - 3277] ( Article 4.5 added by Stats. 1974, Ch. 1335. )

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    This section sets out an interstate oil-and-gas compact: member states must adopt and keep laws that prevent waste and related harms, and the compact creates a commission with recommendation powers.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 4.5. Interstate Cooperation in Oil and Gas Conservation [3275 - 3277] ( Article 4.5 added by Stats. 1974, Ch. 1335. ) ## 3276. The provisions of the interstate compact referred to in Section 3275 are as follows: An Agreement to Amend, Extend and Renew the Interstate Compact to Conserve Oil and Gas Whereas, On the 16th day of February 1935, in the City of Dallas, Texas, there was executed “An Interstate Compact to Conserve Oil and Gas” which was thereafter formally ratified and approved by the States of Oklahoma, Texas, New Mexico, Illinois, Colorado and Kansas, the original of which is now on deposit with the Department of State of the United States; Whereas, Effective as of September 1, 1971, the several compacting states deem it advisable to amend said compact so as to provide that upon the giving of congressional consent thereto in its amended form, said compact will remain in effect until Congress withdraws such consent; Whereas, The original of said compact as so amended will, upon execution thereof, be deposited promptly with the Department of State of the United States, a true copy of which follows: An Interstate Compact to Conserve Oil and Gas Article I This agreement may become effective within any compacting state at any time as prescribed by that state, and shall become effective within those states ratifying it whenever any three of the States of Texas, Oklahoma, California, Kansas, and New Mexico have ratified and Congress has given its consent. Any oil-producing state may become a party hereto as hereinafter provided. Article II The purpose of this compact is to conserve oil and gas by the prevention of physical waste thereof from any cause. Article III Each state bound hereby agrees that within a reasonable time it will enact laws, or if the laws have been enacted, then it agrees to continue the same in force, to accomplish within reasonable limits the prevention of: (a) The operation of any oil well with an inefficient gas-oil ratio. (b) The drowning with water of any stratum capable of producing oil or gas, or both oil and gas, in paying quantities. (c) The avoidable escape into the open air or the wasteful burning of gas from a natural gas well. (d) The creation of unnecessary fire hazards. (e) The drilling, equipping, locating, spacing or operating of a well or wells so as to bring about physical waste of oil or gas or loss in the ultimate recovery thereof. (f) The inefficient, excessive or improper use of the reservoir energy in producing any well. The enumeration of the foregoing subjects shall not limit the scope of the authority of any state. Article IV Each state bound hereby agrees that it will, within a reasonable time, enact statutes, or if such statutes have been enacted then that it will continue the same in force, providing in effect that oil produced in violation of its valid oil and/or gas conservation statutes or any valid rule, order or regulation promulgated thereunder, shall be denied access to commerce; and providing for stringent penalties for the waste of either oil or gas. Article V It is not the purpose of this compact to authorize the states joining herein to limit the production of oil or gas for the purpose of stabilizing or fixing the price thereof, or create or perpetuate monopoly, or to promote regimentation, but is limited to the purpose of conserving oil and gas and preventing the avoidable waste thereof within reasonable limitations. Article VI Each state joining herein shall appoint one representative to a commission hereby constituted and designated as The Interstate Oil Compact Commission, the duty of which said Commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances, and conditions as may be disclosed for bringing about conservation and the prevention of physical waste of oil and gas, and at such intervals as said Commission deems beneficial it shall report its findings and recommendations to the several states for adoption or rejection. The Commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their several jurisdictions to promote the maximum ultimate recovery from the petroleum reserves of said states, and to recommend measures for the maximum ultimate recovery of oil and gas. Said Commission shall organize and adopt suitable rules and regulations for the conduct of its business. No action shall be taken by the Commission except: (1) By the affirmative votes of the majority of the whole number of the compacting states represented at any meeting, and (2) by a concurring vote of a majority in interest of the compacting states at said meeting, such interest to be determined as follows: Such vote of each state shall be in the decimal proportion fixed by the ratio of its daily average production during the preceding calendar half-year to the daily average production of the compacting states during said period. Article VII No state by joining herein shall become financially obligated to any other state, nor shall the breach of the terms hereof by any state subject such state to financial responsibility to the other states joining herein. Article VIII This compact shall continue in effect until Congress withdraws its consent. But any state joining herein may, upon sixty (60) days’ notice, withdraw herefrom. The representatives of the signatory states have signed this agreement in a single original which shall be deposited in the archives of the Department of State of the United States, and a duly certified copy shall be forwarded to the Governor of each of the signatory states. This compact shall become effective when ratified and approved as provided in Article I. Any oil-producing state may become a party thereto by affixing its signature to a counterpart to be similarly deposited, certified, and ratified. Done in the City of Dallas, Texas, this sixteenth day of February, 1935. Whereas, The said “Interstate Compact to Conserve Oil and Gas” in its initial form has heretofore been duly renewed and extended with the consent of the Congress to September 1, 1971; and Whereas, It is desired to amend said “Interstate Compact to Conserve Oil and Gas” effective September 1, 1971, and to renew and extend said compact as so amended: Now, therefore, this writing witnesseth: It is hereby agreed that effective September 1, 1971, the Compact entitled “An Interstate Compact to Conserve Oil and Gas” executed within the City of Dallas, Texas, on the 16th day of February, 1935, and now on deposit with the Department of State of the United States, be and the same is hereby amended by amending the first paragraph of Article VII thereof to read as follows: “This compact shall continue in effect until Congress withdraws its consent. But any state joining herein may, upon sixty (60) days’ notice, withdraw herefrom.” and that said compact as so amended be, and the same is hereby renewed and extended. This agreement shall become effective when executed, ratified, and approved as provided in Article I of said compact as so amended. The signatory States have executed this agreement in a single original which shall be deposited in the archives of the Department of State of the United States and a duly certified copy thereof shall be forwarded to the Governor of each of the signatory States. Any oil-producing State may become a party hereto by executing a counterpart of this agreement to be similarly deposited, certified, and ratified. Executed by the several undersigned States, at their several State capitols, through their proper officials on the dates as shown, as duly authorized by statutes and resolutions, subject to the limitations and qualifications of the acts of the respective State Legislatures. (Added by Stats. 1974, Ch. 1335.)

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