Public Resources Code — Part 15 | PRC — United States — California law | Esheria

Public Resources Code

Part 15 of 41 · provisions 2,801–3,000

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. 3277.

    ## 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 designates California officials to represent the state on the Interstate Oil Compact Commission and assigns related duties.

    ## 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. ) ## 3277. The Governor is hereby designated as the official representative of the State of California on the Interstate Oil Compact Commission provided for in the compact ratified by this article. The Governor shall exercise and perform for the State of California all the powers and duties imposed by the compact upon the representative to the Interstate Oil Compact Commission. The Director of Conservation is hereby designated to be the assistant representative and he or she shall act as the official representative of the State of California on the Interstate Oil Compact Commission when the authority to so act is delegated to him or her by the Governor. In his or her absence, the State Oil and Gas Supervisor is hereby designated to be the assistant representative. The Executive Officer of the State Lands Commission is hereby designated to be the associate representative. In addition, both the assistant representative and the associate representative shall perform such other duties as the Governor may designate which are necessary to enable the State of California to cooperate fully in accomplishing the objectives of the compact. (Amended by Stats. 1991, Ch. 701, Sec. 2.)
  2. 3280.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

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    This section defines “area,” “health protection zone,” and “sensitive receptor” for the article, including how the 3,200-foot distance is measured.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3280. For purposes of this article, the following definitions apply: (a) “Area” means surface area, and all measurement of distances is on the surface of the land. (b) “Health protection zone” means the area within 3,200 feet of a sensitive receptor. The measurement shall be made from the property line of the receptor unless the receptor building is more than 50 feet set back from the property line, in which case the measurement shall be made from the outline of the building footprint to 3,200 feet in all directions. (c) “Sensitive receptor” means any of the following: (1) A residence, including a private home, condominium, apartment, and living quarter. (2) An education resource, including a preschool, school maintaining transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, daycare center, park, playground, university, and college. Where a university or college is the only sensitive receptor within 3,200 feet of the operator’s wellheads or production facilities, the university or college is not a sensitive receptor if the operator demonstrates to the division’s satisfaction that no building with nominal daily occupancy on the university or college campus is located within 3,200 feet of the operator’s wellheads or production facilities. (3) A community resource center, including a youth center. (4) A health care facility, including a hospital, retirement home, and nursing home. (5) Live-in housing, including a long-term care hospital, hospice, prison, detention center, and dormitory. (6) Any building housing a business that is open to the public. (Added by Stats. 2022, Ch. 365, Sec. 2. (SB 1137) Effective date (January 1, 2023) suspended pursuant to referendum petition. Effective June 27, 2024, pursuant to withdrawal of referendum measure.)
  3. 3281.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

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    The division generally may not approve notices of intention for wells in a health protection zone, and operators filing a notice must submit sensitive receptor information and, in some cases, an indemnity bond.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3281. (a) Notwithstanding any other law, commencing January 1, 2023, the division shall not approve any notice of intention under Section 3203 within a health protection zone, except for approvals of notices of intention necessary for any of the following purposes: (1) To prevent or respond to a threat to public health, safety, or the environment. (2) To comply with a court order finding that denying approval would amount to a taking of property, or a court order otherwise requiring approval of a notice of intention. (3) To plug and abandon or reabandon a well, including an intercept well necessary to plug and abandon or reabandon a well. (b) An operator who submits a notice of intention under Section 3203, except for notices of intention described in paragraph (3) of subdivision (a), shall submit a sensitive receptor inventory and map pursuant to Section 3285 of the area within the 3,200-foot radius of the wellhead or proposed wellhead location to the division with the notice of intention or a statement certifying that the operator has confirmed, and the division has verified, that there are no sensitive receptors located within 3,200 feet of the wellhead location. The operator shall submit the sensitive receptor inventory and map in a format that complies with all requirements of the federal Americans with Disabilities Act of 1990 (Public Law 101–336) and its implementing regulations for online viewing. If the inventory or map includes any personally identifiable information, the operator shall submit a second version with the personally identifiable information redacted. Inventories and maps with no personally identifiable information shall be made available to the public in compliance with Section 3234. No new production facilities shall be constructed or operated in a health protection zone unless associated with a notice of intention approved pursuant to subdivision (a) or as determined by the division to be necessary to protect public health and safety. (c) If a notice of intention is approved pursuant to paragraph (2) of subdivision (a), the approval shall require the operator of the oil or gas well to provide an individual indemnity bond sufficient to pay the full cost of properly plugging and abandoning the operator’s well or wells, and decommissioning any attendant production facilities in the health protection zone. The division shall determine the amount of the individual indemnity bond in accordance with subdivision (b) of Section 3205.3. The bond shall be executed by the operator, as principal, and by an authorized surety company, as surety, and shall be in substantially the same language and upon the same conditions as provided in Section 3204, except as to the difference in the amount. The operator’s blanket indemnity bond authorized pursuant to Section 3205 shall not be used to satisfy this subdivision. (d) Underground gas storage wells and attendant production facilities are not subject to this article. (Added by Stats. 2022, Ch. 365, Sec. 2. (SB 1137) Effective date (January 1, 2023) suspended pursuant to referendum petition. Effective June 27, 2024, pursuant to withdrawal of referendum measure.)
  4. 3281.5.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

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    The division may approve certain notices of intention for entities dealing with idle, deserted, or previously plugged-and-abandoned wells, but those entities and related occupants must not carry out oil or gas development or production or injection for which they filed that notice.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3281.5. (a) The Legislature finds and declares that development of oil and gas fields into nonfossil fuel production and injection and related uses, including, but not limited to, housing, recreation, and commercial development, may have plugged and abandoned wells or may require existing oil and gas wells to be plugged and abandoned, or replugged and abandoned, to current statutory and regulatory standards, and that the creation of health protection zones, and the related restrictions and requirements of this article, do not apply in the context of development for nonfossil fuel production and injection and related uses. (b) Notwithstanding any contrary provisions of subdivision (a) of Section 3281, the division may approve notices of intention pursuant to Section 3203 to public and private entities who own, purchase, or lease land containing idle-deserted or previously plugged and abandoned wells for the purposes of those public and private entities plugging and abandoning, or replugging and abandoning, those oil and gas wells so development of nonfossil fuel production and injection and related uses can proceed. This may include, without limitation, a notice of intention to drill or rework an intercept well, if needed to plug and abandon or replug and abandon another well on the condition that the intercept well is itself plugged and abandoned. The public and private entities, as well as any lessees, tenants, or other occupants, shall not engage in oil or gas development or production or injection or related uses for which they have submitted a notice of intention pursuant to this subdivision. (Added by Stats. 2022, Ch. 365, Sec. 2. (SB 1137) Effective date (January 1, 2023) suspended pursuant to referendum petition. Effective June 27, 2024, pursuant to withdrawal of referendum measure.)
  5. 3282.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

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    Operators of oil or gas production facilities or wells in health protection zones must follow permit, noise, lighting, dust, vapor, and produced-water reporting requirements.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3282. Commencing July 1, 2026, all oil or gas production facilities or wells with a wellhead within a health protection zone shall be in compliance with all of the following requirements: (a) The operator is required to comply with the terms and conditions of all applicable federal, state, and local permits required to operate the well and facility. (b) If not otherwise required by law or regulation, clearly post contact information for where to address complaints about noise, odor, and other concerns on the perimeter of the site. This information shall include responsible persons employed by the operator, as well as enforcement officials in the city, county, or city and county, and air district, in which the facility is located. The size and format of the posted information shall be consistent with existing requirements. (c) Unless more stringent local requirements apply, between 8 p.m. and 7 a.m., sound levels from oil and gas production operations shall not exceed ambient noise levels, as measured at the property line. (d) Unless more stringent local requirements apply, minimize light generated at an oil or gas well or production facility to reduce light traveling beyond property boundaries. Except as needed in emergency circumstances, operators shall use only such lighting as is necessary to provide the minimum intensity and coverage for safety and basic security between the hours of 8 p.m. and 7 a.m. Lighting shall be hooded or otherwise directed so that it shines onto only the operator’s property and not onto adjacent properties or into the sky. (e) Unless more stringent local requirements apply, employ operational measures to prevent dust and particulates from migrating beyond property boundaries. Dust control measures to be employed within property boundaries shall include, but are not limited to, the following: (1) Limiting vehicle speeds on unpaved roads to 15 miles per hour or less. (2) Containing or covering stored sands, drilling muds, and excavated soil. (f) Immediately suspending the use of a production facility if the production facility, including all permanent and temporary equipment within the health protection zone that emits vapors, such as tanks, vessels, separation facilities, gas processing units, and other equipment holding petroleum liquids or produced water, is not in compliance with all applicable air district requirements relating to preventing vapor venting to the atmosphere. (g) (1) The operator is required to provide the division with representative chemical analyses for all produced water transported away from the oilfield where it was produced. (2) Chemical analysis required under this subdivision shall be in accordance with the analytical specifications for liquid analysis detailed in Section 1724.7.2 of Title 14 of the California Code of Regulations, and shall be filed with the division within three months of produced water being transported from the oilfield and whenever the source of produced water is changed. (3) For the purposes of this subdivision, the source of produced water is changed if the treatment process or additives are changed, if a contributing source is added or removed, or if there is a significant change to the relative contribution of individual sources such that the last chemical analysis is not representative of the produced water being transported from the oilfield. (Amended by Stats. 2024, Ch. 1002, Sec. 1. (AB 218) Effective September 30, 2024.)
  6. 3283.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

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    Operators in a health protection zone must create and implement a leak detection and response plan, and may have to stop production and injection operations unless the plan is approved and fully implemented.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3283. (a) All operators with a production facility or well with a wellhead in a health protection zone shall develop a leak detection and response plan that shall be submitted to the division no later than July 1, 2028, and fully implemented by operators by July 1, 2030. For any leak detection and response plan submitted by July 1, 2028, the division shall either approve the plan or provide notice of deficiencies by July 1, 2029. Commencing July 1, 2030, the operator shall suspend all production and injection operations within a health protection zone unless an approved leak detection and response plan is fully implemented in that area. A leak detection and response plan is subject to review and approval by the division, in consultation with and with the concurrence of the State Air Resources Board, and shall include all of the following: (1) The leak detection and response plan shall identify the chemical constituents, such as methane and hydrogen sulfide, as well as potential toxics of highest concern in the region as identified by the State Air Resources Board or local air district that will be detection targets for the emissions detection system to ensure early detection of leaks that otherwise may result in emissions impacting the surrounding communities. Not all chemical species that may be found in the oilfield are required to be detection targets and methane may serve as a surrogate for chemical constituents that cannot be continuously monitored but are identified in the leak detection and response plan. The State Air Resources Board and the State Water Resources Control Board shall adopt regulations as necessary to implement and set performance standards by regulation for the emissions detection system. The division, the State Air Resources Board, and the State Water Resources Control Board may adopt such regulations under an emergency rulemaking process as provided in Section 3288. (2) (A) The leak detection and response plan shall include a continuously operating emissions detection system designed to provide for rapid detection of target chemical constituents to identify leaks before emissions impact the surrounding communities. Sampling locations and sample inlets shall be sited consistent with local meteorology and best practices. (B) The emissions detection system shall include an alarm system that effectively, immediately, and reliably alerts the operator when triggered. (C) The emissions detection system shall include a new, or use an existing, meteorological system that is appropriately sited with the ability to continuously record measurements. (b) The leak detection and response plan shall include an alarm response protocol that provides for immediate action to rapidly identify and fix the leak that is the source of the emissions. In the event that the source of the emissions is not identified and the leak stopped within 48 hours of the leak being identified, the alarm response protocol shall include a communication plan for notification of local emergency responders and public health authorities, the division, and people in the community, including notification in languages that are easily understood by the affected community. The alarm response protocol shall provide for compliance with all local, state, and federal requirements for reporting leaks of hazardous emissions. The operator shall consult with local emergency response entities when preparing the alarm response protocol and shall engage in drills as deemed necessary by the local emergency response entity. The alarm response protocol shall provide for collection and determination of the chemical composition of a representative sample near the leak when a continuous alarm event indicates that emissions from the leak may have impacted the surrounding community, and the subsequent collection and determination of the chemical composition of samples when there is reason to believe that the composition of the emissions may be changing. If the source of the emissions is a leak from a well or production facility, the operator shall suspend use of the well or production facility until the leak has been corrected and the division has approved the resumption of its use. Where the operator can demonstrate to the division that the source of the emissions is not related to the oil and gas operations, the division may waive any additional actions required under the alarm response protocol. (c) The division and the State Air Resources Board shall collaborate to develop methods for providing public access to data generated by operators from emissions detection systems. (d) The division shall hold no less than three public workshops following the enactment of the emergency regulations pursuant to Section 3288 to provide information and guidance to operators and the public on the development of leak detection and response plans pursuant to this section. (e) An operator’s leak detection and response plan shall be reviewed and updated by the operator, subject to division approval, at least once every five years from the date of its initial approval by the division. The division shall hold at least one public technical workshop at least biennially to provide information and guidance to operators on best practices for the development, review, and update of leak detection and response plans. (f) The operator shall record and maintain records of emissions and meteorological monitoring, including the composition of any samples collected during leak events, for 10 years. (g) Notwithstanding Section 10231.5 of the Government Code, commencing July 1, 2026, and at six-month intervals thereafter, the supervisor shall notify the applicable legislative budget and policy committees on progress, including milestones, towards achieving the deadlines in subdivision (a) for the development, approval, and implementation of the leak detection and response plans. (Amended by Stats. 2024, Ch. 1002, Sec. 2. (AB 218) Effective September 30, 2024.)
  7. 3284.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

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    Before drilling in a health protection zone, the operator must notify nearby property owners and tenants in writing, offer water sampling/testing, perform required baseline and followup testing, report results to agencies and affected landowners, and pay the testing 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3284. (a) Before commencing any work that requires a notice of intention under Section 3203 in the health protection zone, the operator shall contact property owners and tenants within a 3,200-foot radius of the wellhead in writing with a record of delivery and offer to sample and test water wells or surface water on their property before and after drilling. (b) The operator shall contact property owners and tenants as specified in subdivision (a) at least 30 days before commencing drilling. If a property owner or tenant requests sampling and testing of a water well or surface water, drilling may not commence until a baseline water sample has been collected, provided that the owner’s or tenant’s request is delivered in writing with a record of delivery to the operator within 20 days from the date notice is provided and the surface property owner makes necessary accommodations to enable the collection of a water sample within 10 days from the date notice is provided. The operator shall collect a followup water sample no sooner than 30 days, and no later than 60 days, after drilling is complete. The costs of sampling and testing required under this section shall be borne by the operator. (c) Before commencing drilling in the health protection zone, the operator shall provide to the division documentation of the effort to identify and notify property owners and tenants as required. (d) The operator shall conduct water sampling and testing, both baseline and followup, pursuant to this section, in accordance with all of the following requirements: (1) Water quality sampling shall be conducted by appropriately qualified personnel in a manner consistent with standard environmental industry practice and chain of custody protocols. Documentation of the sampling process shall accurately describe the location that the sample was taken from and the process for collecting the sample. (2) Water quality analytical testing shall be performed by a laboratory that has been accredited under the State Water Resources Control Board’s Environmental Laboratory Accreditation Program to perform the tests necessary to complete the required analysis under this subdivision, except for those tests labeled as field tests, that may be conducted by any person qualified to sample and interpret the results of the required test. (3) (A) Water quality testing shall include baseline measurements before the commencement of the drilling, and followup measurements after drilling is completed. (B) Liquid analysis required under this subdivision shall include testing for all of the following: total dissolved solids; total petroleum hydrocarbon as crude oil; major cations (Ca, Mg, Na, K, Fe, Mn, Sr, B); major anions (CI, SO4, HCO3, CO3, Br, I, NO3); any constituents listed in subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of Section 66261.24 of Title 22 of the California Code of Regulations; radionuclides; appropriate indicator chemicals for drilling mud and fluids used for well cleanout; total alkalinity and hydroxide; electrical conductance; pH; and temperature. (C) The division or the regional water quality control board may require testing for additional constituents on a case-by-case basis. (4) Within 120 days after drilling in the health protection zone is complete, the results of any baseline and followup water quality testing shall be provided by the operator to the division, the appropriate regional water quality control board, the State Water Resources Control Board, the surface property owner, and the requesting tenant. (5) The appropriate regional water quality control board shall be notified at least five working days before collecting a sample under this section so that regional water quality control board staff may witness the sampling. (6) Water quality data collected under this section shall be submitted to the State Water Resources Control Board and the appropriate regional water quality control board in an electronic format that follows the guidelines detailed in Chapter 30 (commencing with Section 3890) of Division 3 of Title 23 of the California Code of Regulations within 120 days after drilling is complete. (7) If the property owner or tenant is unable to provide the necessary access to perform baseline or followup testing under this section, then failure to do the testing is not a violation of this section. The division may waive the requirements of this section if the operator demonstrates that the delay in well work associated with the requirements of this section is likely to result in significant damage to life, health, or natural resources. The operator is not required to sample or test water under this section if the relevant authorities have determined that the water is not an underground source of drinking water, as defined in the federal Safe Drinking Water Act (42 U.S.C. Sec. 300f et. seq.), and the water has no beneficial uses, in accordance with subdivision (f) of Section 13050 of the Water Code. (Added by Stats. 2022, Ch. 365, Sec. 2. (SB 1137) Effective date (January 1, 2023) suspended pursuant to referendum petition. Effective June 27, 2024, pursuant to withdrawal of referendum measure.)
  8. 3285.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

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    Operators must submit sensitive receptor inventories and maps to the division, first by July 1, 2025 and then every year by July 1. The division must review some submissions and publish current inventories and maps online.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3285. (a) Every operator shall submit to the division by July 1, 2025, a sensitive receptor inventory and map that includes the following: (1) A list of all sensitive receptors within 3,200 feet of an operator’s wellheads and production facilities by field. For each sensitive receptor listed, the operator shall provide all of the following: (A) The distance from the sensitive receptor to each wellhead or production facility that is located within 3,200 feet of that specific receptor. The well shall be identified by API number, and the production facility shall also be explicitly identified. Latitude and longitude shall also be provided for the wellhead and production facility. (B) The type of sensitive receptor. (C) A map showing each sensitive receptor’s location in relation to the operator’s wellheads and production facilities. (2) A statement from each operator based on their sensitive receptor inventory that provides the operator’s determination as to whether their wellheads and production facilities are located within 3,200 feet of a sensitive receptor. An operator who has identified sufficient sensitive receptors such that their entire operation is located within a health protection zone may cease adding new sensitive receptors to their inventory and make a determination that all of their wellheads and production facilities are located within a health protection zone. (b) By July 1 of each year, all operators shall submit to the division a sensitive receptor inventory and map pursuant to subdivision (a) that is up to date, with information no more than 90 days old, and shall make a new determination regarding the location of each of their wellheads and production facilities within a health protection zone. If there have been no changes to the location of sensitive receptors in the 3,200 feet surrounding the operator’s wellheads and production facilities, the operator shall submit a statement that no changes to the determination are needed. (c) The division shall review for completeness and accuracy no less than 30 percent of the inventories and associated maps submitted annually pursuant to this section. The division shall notify operators of any discrepancies in the submitted inventories and maps as determined by the division. (d) The division shall make available to the public on its internet website all current sensitive receptor inventories and maps. (Amended by Stats. 2024, Ch. 1002, Sec. 3. (AB 218) Effective September 30, 2024.)
  9. 3286.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

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    Operators in health protection zones must report specified well and facility information to the division starting July 1, 2030, and at least annually; the division must post the submitted information on its website.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3286. (a) Commencing July 1, 2030, and no less than annually on a date to be determined by the division, an operator with a wellhead or other production facility or facilities in a health protection zone shall provide at least the following information to the division by location in a format that complies with all requirements of the federal Americans with Disabilities Act of 1990 (Public Law 101–336) and its implementing regulations for online viewing: (1) The number of and amounts of time the emissions detection system was not operating. (2) The number of validated alarms, and the reasons for the alarms. (3) The number of leaks that occurred, the time needed to repair the leak, and a brief description of the leak, including the impact on air quality and community exposure. (4) The number of times the surrounding community was notified after a leak persisted for 48 hours. (5) The number of times and length of time production and injection operations and other use of the facility were suspended due to leaks. (6) Any baseline and postdrilling groundwater testing performed by location. (b) The division shall make the information submitted by the operators available to the public on its internet website. (Amended by Stats. 2024, Ch. 1002, Sec. 4. (AB 218) Effective September 30, 2024.)
  10. 3287.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

    Verify source ↗

    The division must submit a legislative report to the applicable budget and policy committees by July 1, 2030, and every year after that.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3287. Notwithstanding Section 10231.5 of the Government Code, on or before July 1, 2030, and annually thereafter, the division shall provide a legislative report to the applicable budget and policy committees regarding the implementation of health protection zones by the division. The reports shall include at least the following: (a) The number and types of wells and attendant facilities in health protection zones by operator and field. (b) The estimated population protected by the health protection zone. (c) The status of leak detection and response plans by operation and location. (d) The number and type of notices of intention approved in health protection zones and the reason the notices of intention received approval by operator and field. (e) The number of sensitive receptor inventories and maps received by the division by operator and field. (f) Aggregated information by operator and location of leaks detected and alarms associated with the leaks. (g) The number of notices of violation issued by the division for dust control, excess noise and light, and other requirements pursuant to this article by operator and field. (h) The number of orders issued by the supervisor pursuant to this article by operator and field. (i) The number of times by operator and location that baseline and postdrilling groundwater testing was performed. (Amended by Stats. 2024, Ch. 1002, Sec. 5. (AB 218) Effective September 30, 2024.)
  11. 3288.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

    Verify source ↗

    The division, the State Air Resources Board, and the State Water Resources Control Board may issue and enforce emergency regulations to carry out 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3288. The division, the State Air Resources Board, and the State Water Resources Control Board may prescribe, adopt, and enforce any emergency regulations as necessary to implement, administer, and enforce its duties under this article. Any emergency regulation prescribed, adopted, or enforced pursuant to this article shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and, for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of the regulation is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health and safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted by the division, the State Air Resources Board, and the State Water Resources Control Board may remain in effect for two years from adoption, or until July 1, 2026, whichever date is later. (Amended by Stats. 2024, Ch. 1002, Sec. 6. (AB 218) Effective September 30, 2024.)
  12. 3289.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

    Verify source ↗

    This section preserves the authority of listed state and local air quality and water boards, and lets cities and counties adopt stricter oil and gas development rules.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3289. (a) No provision of this article is a limitation on the authority or jurisdiction of the State Water Resources Control Board, the regional water quality control boards, the State Air Resources Board, or local air quality districts. (b) This article does not prohibit a city, county, or city and county from imposing more stringent regulations, limits, or prohibitions on oil and gas development. (Added by Stats. 2022, Ch. 365, Sec. 2. (SB 1137) Effective date (January 1, 2023) suspended pursuant to referendum petition. Effective June 27, 2024, pursuant to withdrawal of referendum measure.)
  13. 3290.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

    Verify source ↗

    Specified state and local agencies must sign MOUs with the division by June 1, 2025 to divide responsibilities for implementing and enforcing health protection zones.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3290. The State Air Resources Board, relevant local air districts, the State Water Resources Control Board, and relevant local water quality control boards shall enter into memoranda of understanding with the division to clearly delineate respective responsibilities for implementing and enforcing health protection zones. These memoranda of understanding shall be executed by June 1, 2025. The division may pursue additional memoranda of understanding with other state and local entities as needed. (Amended by Stats. 2024, Ch. 1002, Sec. 7. (AB 218) Effective September 30, 2024.)
  14. 3291.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. )

    Verify source ↗

    This section says it does not limit the supervisor’s authority to deny, revoke, or suspend permits, and it preserves the supervisor’s duty to supervise certain oil and gas operations to help prevent damage and protect health, safety, and the environment.

    ## 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 4.6. Health Protection Zones [3280 - 3291] ( Article 4.6 added by Stats. 2022, Ch. 365, Sec. 2. ) ## 3291. This article does not diminish or alter the authority of the supervisor to deny, revoke, or suspend permits to meet the division’s purpose to protect public health and safety and environmental quality, including the reduction and mitigation of greenhouse gas emissions, or the supervisor’s repeated obligation pursuant to this division to supervise certain oil and gas related operations to prevent, as far as possible, damage to life, health, property, natural resources, or underground and surface waters suitable for irrigation or domestic purposes, among other reasons. (Added by Stats. 2022, Ch. 365, Sec. 2. (SB 1137) Effective date (January 1, 2023) suspended pursuant to referendum petition. Effective June 27, 2024, pursuant to withdrawal of referendum measure.)
  15. 3300.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Lessor, lessee, or operator of land with oil or gas must not unreasonably waste natural gas.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3300. The unreasonable waste of natural gas by the act, omission, sufferance, or insistence of the lessor, lessee or operator of any land containing oil or gas, or both, whether before or after the removal of gasoline from the gas, is opposed to the public interest and is unlawful. The blowing, release, or escape of gas into the air shall be prima facie evidence of unreasonable waste. (Enacted by Stats. 1939, Ch. 93.)
  16. 33000.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    This division may be cited as the Santa Monica Mountains Conservancy Act.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. ) ## 33000. This division shall be known as and may be cited as the Santa Monica Mountains Conservancy Act. (Added by Stats. 1979, Ch. 1087.)
  17. 33001.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    The Legislature declares the Santa Monica Mountains Zone to be a unique and valuable resource that should be preserved and protected in trust for present and future generations.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. ) ## 33001. The Legislature hereby finds and declares that the Santa Monica Mountains Zone, as defined in Section 33105, is a unique and valuable economic, environmental, agricultural, scientific, educational, and recreational resource that should be held in trust for present and future generations; that, as the last large undeveloped area contiguous to the shoreline within the greater Los Angeles metropolitan region, comprised of Los Angeles and Ventura Counties, it provides essential relief from the urban environment; that it exists as a single ecosystem in which changes that affect one part may also affect all other parts; and that the preservation and protection of this resource is in the public interest. (Amended by Stats. 1999, Ch. 83, Sec. 169. Effective January 1, 2000.)
  18. 33002.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    The Legislature states that, before the planning commission prepared the plan, planning in the zone was fragmented and there were ineffective ways to resolve conflicting interjurisdictional values and evaluate projects for their regional effects.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. ) ## 33002. The Legislature further finds and declares that prior to the preparation of the plan by the Santa Monica Mountains Comprehensive Planning Commission, planning for the zone was fragmented and there were ineffective means of determining and resolving conflicting interjurisdictional values, or of evaluating individual projects within the zone as to their effect on the entire region; that in the absence of a governmental mechanism to perform such evaluations, piecemeal development projects were occurring within the zone which resulted in the irreplaceable loss of open space and recreational resources, in the physical and biological deterioration of air, land, and water systems within the zone, and adversely affected regional life-support systems, including fish and wildlife, therefore being harmful to the needs of the present and future population of the region. (Added by Stats. 1979, Ch. 1087.)
  19. 33003.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    The Legislature states that coastal planning rules should apply in the Santa Monica Mountains coastal zone, and that local coastal programs should be completed promptly and certified by the California Coastal Commission.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. ) ## 33003. The Legislature further finds and declares that the coastal zone portion of the Santa Monica Mountains Zone has been evaluated as part of the California Coastal Zone Conservation Plan, and because of the unique, important, and threatened nature of the coastal-related resources within the coastal zone, the Legislature determined that the special coastal resources planning and management program established pursuant to the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)) should apply within the coastal zone and that the local coastal program required by such act should be completed in a timely and effective manner by local governments and certified by the California Coastal Commission. It is the intent of the Legislature to facilitate early completion of local coastal programs for the coastal zone portion of the Santa Monica Mountains Zone and that accordingly the jurisdiction of the Santa Monica Mountains Conservancy should be extended to include, at the time of certification, those portions of the coastal zone for which a local coastal program has been certified. (Added by Stats. 1979, Ch. 1087.)
  20. 33004.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    The Legislature states that the Santa Monica Mountains Comprehensive Planning Commission adopted a comprehensive plan for conservation and development of the zone.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. ) ## 33004. The Legislature further finds and declares that the Santa Monica Mountains Comprehensive Planning Commission, composed of representatives of the state government, cities, and counties in the region, and the general public, has adopted a comprehensive plan for the conservation and development of the zone, consistent with the preservation of the resource as set forth in Section 33001. (Added by Stats. 1979, Ch. 1087.)
  21. 33005.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    Federal grant funds must be used to accomplish this division’s purposes as fully as possible.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. ) ## 33005. Federal grant funds shall be used to accomplish the purposes of this division to the maximum extent possible. (Added by Stats. 1979, Ch. 1087.)
  22. 33006.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    When making certain grants, the conservancy is intended to primarily operate outside the public ownership area of the Santa Monica Mountains National Recreation Area.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. ) ## 33006. It is further declared to be the intent of the Legislature that, in making grants for park, recreation, or conservation purposes from funds received pursuant to Section 507(n) of the National Parks and Recreation Act of 1978 (16 U. S.C. Sec. 460kk(n)), the conservancy shall primarily operate outside the public ownership area of the Santa Monica Mountains National Recreation Area as identified by the Secretary of the Interior pursuant to Section 507(d)(2) of the National Parks and Recreation Act of 1978 (16 U.S.C. Sec. 460kk(d)(2)). (Added by Stats. 1979, Ch. 1087.)
  23. 33007.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    Private landowners, local governments, and other public agencies are to be encouraged to join the programs authorized by this division through voluntary incentives.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. ) ## 33007. In accomplishing the objectives of this division, private landowners, local governments, and all other public agencies shall be encouraged to participate in the programs authorized by this division by voluntary incentives. (Added by Stats. 1979, Ch. 1087.)
  24. 33008.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    The section says the conservancy is not authorized to regulate private property under this division.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. ) ## 33008. (a) The Legislature finds and declares that there are existing problems of substandard lots, incompatible land uses, conflicts with recreational use, and inadequate resource protection which, in some cases, cannot be addressed in a feasible manner by local government exercise of the police power or federal land acquisition as part of the Santa Monica Mountains National Recreation Area, and that it is necessary to enact the provisions of this division as a complement to the full exercise of the police power by local governments and the acquisition of lands by the federal government for the Santa Monica Mountains National Recreation Area. (b) The Legislature further finds and declares that the people of the State of California have an interest in the protection of resources and the use of lands acquired or managed by the conservancy pursuant to this division, and that the conservancy in carrying out its duties pursuant to this division acts on behalf of the State of California. (c) This division does not authorize the conservancy to regulate private property, nor does it supersede or limit a local government’s exercise of the police power, over private property, derived from any other provision of existing law or any law hereafter enacted. (Amended by Stats. 2002, Ch. 595, Sec. 1. Effective January 1, 2003.)
  25. 33009.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    A local government must implement the plan to be eligible to receive money under this division.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. ) ## 33009. In order to avoid the continuing problems identified in Section 33008, each local government’s implementation of the plan shall be a necessary condition of that local government receiving any money pursuant to this division. (Added by Stats. 1979, Ch. 1087.)
  26. 3301.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Certain oil and gas interest holders may make cooperative development or operating agreements with the supervisor’s approval.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3301. Whenever the supervisor finds that it is in the interest of the protection of oil or gas from unreasonable waste, the lessors, lessees, operators or other persons owning or controlling royalty or other interests in the separate properties of the same producing or prospective oil or gas field, may, with the approval of the supervisor, enter into agreements for the purpose of bringing about the cooperative development and operation of all or a part or parts of the field, or for the purpose of bringing about the development or operation of all or a part or parts of such field as a unit, or for the purpose of fixing the time, location, and manner of drilling and operating of wells for the production of oil or gas, or providing for the return of gas into the sub-surface of the earth for the purpose of storage or the repressuring of an oil or gas field. Any such agreement shall bind the successors and assigns of the parties thereto in the land affected thereby and shall be enforceable in an action for specific performance. (Enacted by Stats. 1939, Ch. 93.)
  27. 33010.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    For compliance with federal law, references to the Santa Monica Mountains Comprehensive Planning Commission are treated as references to the conservancy.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 1. General Provisions [33000 - 33010] ( Chapter 1 added by Stats. 1979, Ch. 1087. ) ## 33010. For purposes of compliance with federal law, the references to the Santa Monica Mountains Comprehensive Planning Commission shall be deemed to mean the conservancy. (Added by Stats. 1979, Ch. 1087.)
  28. 3302.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The director must order the supervisor to hold a hearing and set a time and place if there is probable cause after a complaint and petition about unreasonable gas waste. The director may also order a hearing when the supervisor applies for one.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3302. Upon complaint being made to the director by any person operating in any oil field that there is occurring or threatened an unreasonable waste of gas in any field or fields, and when a petition is filed with the director requesting that a hearing be held to consider whether such waste is occurring or threatened, if it appears to the director that there is probable cause for such complaint, he shall order the supervisor to hold such a hearing and to fix a time and place therefor. A hearing may also be ordered by the director on the application of the supervisor. (Enacted by Stats. 1939, Ch. 93.)
  29. 3303.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The supervisor must publish hearing notice in a county newspaper for five days before the hearing and mail notice to known lessors, lessees, or operators of wells in the field.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3303. Notice of the time and place of the hearing shall be given by publication in a newspaper printed and published in the county in which the unreasonable waste of gas is alleged to be taking place or to be threatened. The notice shall specify the commonly accepted name or a general description of the field or locality. Publication shall be daily for five days prior to the time of the hearing. The supervisor shall also send notice by mail to each lessor, lessee, or operator, known to him, of any well in the field. Failure to send such written notice shall not affect the validity of the proceeding. (Enacted by Stats. 1939, Ch. 93.)
  30. 3304.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The hearing must be held in the county, or one of the counties, where the alleged or threatened unreasonable waste of gas is happening.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3304. The place of hearing shall be in the county or in any of the counties in which the unreasonable waste of gas is alleged to be taking place or to be threatened. (Enacted by Stats. 1939, Ch. 93.)
  31. 3305.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    At the hearing, interested persons may be heard and may present oral or written testimony. Witnesses must be sworn, a stenographic reporter must keep a transcript, and a hearing officer may assist on legal matters if requested by the supervisor but may not make the Section 3306 determination.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3305. At the hearing all persons interested are entitled to be heard and may present testimony either oral or written. All witnesses shall be sworn, and a transcript of the proceedings shall be kept by a stenographic reporter. All the provisions of this chapter in reference to the subpoenaing of witnesses and the taking of depositions are applicable to the hearing before the supervisor. On the request of the supervisor, a hearing officer in the Office of Administrative Hearings may assist and rule upon legal matters, but such officer shall not make the determination specified in Section 3306. (Amended by Stats. 2004, Ch. 183, Sec. 287. Effective January 1, 2005.)
  32. 3306.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    After the hearing, the supervisor must decide whether gas waste exists or is threatened in the field and how unreasonable it is.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3306. Upon the conclusion of the hearing, the supervisor shall determine whether or not there is an unreasonable waste of gas in the field, in existence or threatened, and shall also determine the extent to which the waste of gas, occurring or threatened, is unreasonable. (Enacted by Stats. 1939, Ch. 93.)
  33. 3307.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    If gas from an oil well exceeds a reasonable proportion to the oil produced, the supervisor must treat it as unreasonable waste, even if the gas is being used for light, heat, power, or another industrial use.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3307. If it appears that gas is being produced from any oil well or wells in quantities exceeding a reasonable proportion to the amount of oil produced from the same well or wells, even though it is shown that such excess gas is being used in the generation of light, heat, power, or any other industrial purpose, the supervisor shall hold that such excess production of gas is unreasonable waste. (Amended by Stats. 1955, Ch. 1670.)
  34. 3308.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    If gas waste is found unreasonable, the supervisor must issue an order to stop or refrain from the waste.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3308. If the waste of gas is found to be unreasonable, an order shall be made by the supervisor directing that the unreasonable waste of gas be discontinued or refrained from to the extent stated in the order. The sale or delivery of gas to another by a lessor, lessee, or operator shall be no defense, excuse, or reason for any lessor, lessee, or operator disobeying an order of the supervisor directing the discontinuance or curtailment of the production of the well or wells from which gas is being produced. (Amended by Stats. 1955, Ch. 1670.)
  35. 3309.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    A copy of the supervisor’s order must be posted on the affected property, and the order becomes final 10 days after posting unless appealed under Section 3350.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3309. A copy of the supervisor’s order shall be posted in a conspicuous place upon the property affected, and the order shall become final 10 days after posting, unless it is appealed from as provided in Section 3350. (Amended by Stats. 1981, Ch. 741, Sec. 15.)
  36. 3310.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    If the supervisor’s final decision finds an unreasonable waste of gas, a certified copy must be filed with the director, and the director must start court proceedings to stop the waste unless the order is voluntarily complied with.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3310. When the decision of the supervisor that there is an unreasonable waste of gas occurring or threatened has become final, a certified copy thereof shall be filed with the director. The director, unless the order is complied with voluntarily, shall have proceedings instituted in the name of the people of the State of California to enjoin the unreasonable waste of gas. Such proceedings shall be instituted in the superior court of the county in which is situated the property, or any part thereof, where the wastage is occurring or is threatened. Any number of defendants may be joined in the same proceeding, although their properties and interests may be severally owned and their actual or threatened unreasonable wastage of gas may be separate and distinct, if the actual or threatened unreasonable waste by all of the defendants is in, or with reference to, the same producing or prospective oil or gas field. (Amended by Stats. 1974, Ch. 765.)
  37. 33100.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    The definitions in this chapter govern how this division is interpreted, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. ) ## 33100. Unless the context requires otherwise, the definitions set forth in this chapter shall govern the interpretation of this division. (Added by Stats. 1979, Ch. 1087.)
  38. 33101.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    “Coastal zone” means the area described in Section 30103.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. ) ## 33101. “Coastal zone” means that area described in Section 30103. (Added by Stats. 1979, Ch. 1087.)
  39. 33102.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    “Conservancy” means the Santa Monica Mountains Conservancy.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. ) ## 33102. “Conservancy” means the Santa Monica Mountains Conservancy. (Added by Stats. 1979, Ch. 1087.)
  40. 33103.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    This section defines “Fund” to mean the Santa Monica Mountains Conservancy Fund.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. ) ## 33103. “Fund” means the Santa Monica Mountains Conservancy Fund. (Added by Stats. 1979, Ch. 1087.)
  41. 33104.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    “Plan” means the plan approved by the Secretary of the Interior under the National Parks and Recreation Act of 1978.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. ) ## 33104. “Plan” means the plan approved by the Secretary of the Interior pursuant to Section 507(n) of the National Parks and Recreation Act of 1978 (16 U.S.C. 460kk(n)). (Added by Stats. 1979, Ch. 1087.)
  42. 33105.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    This section defines “Zone” as the Santa Monica Mountains Zone and describes its geographic boundaries and included areas.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. ) ## 33105. “Zone” means the Santa Monica Mountains Zone, which includes that part of the land area of the greater Los Angeles metropolitan region, landward of the Pacific Coast Highway (State Highway Route 1) bounded by Calleguas Creek, thence following Calleguas Creek northward to its intersection with the corporate boundary of Camarillo, thence following the southern boundary of the City of Camarillo eastward until it intersects the Ventura Freeway (State Highway Route 101), thence following the Ventura Freeway eastward to a point of intersection with the western boundary of the Malibu Creek Watershed. The northern boundary continues thence along the boundary of the Watershed to its intersection again with the Ventura Freeway on the east; thence eastward along this freeway to its intersection with the corporate boundary of the City of Los Angeles, thence continuing on a line drawn one-quarter of a mile south of the Ventura Freeway to its intersection with Ventura Boulevard and continuing on a line one-quarter mile south from Ventura Boulevard eastward to its intersection with Sepulveda Boulevard; thence continuing eastward along Valley Vista Boulevard to its intersection with Dixie Canyon Avenue and from this point continuing eastward on a line one-quarter mile south of Ventura Boulevard to its intersection with a linear projection of Lankershim Boulevard and thence northeasterly on this projection and continuing on Lankershim Boulevard to its intersection with Cahuenga Boulevard, thence east along Cahuenga Boulevard to its intersection with a linear projection of Barham Boulevard, and hence northeasterly along such projection and continuing upon Barham Boulevard to its intersection with the Los Angeles River, and eastward along the south bank of the Los Angeles River to its intersection with the boundary of Griffith Park, including Griffith Park, and thence following a direct line drawn southwest from the southernmost boundary point of Griffith Park to the intersection of Sunset Boulevard with the corporate boundary of the City of Los Angeles near the intersection of Sunset Boulevard and Marmount Lane, thence continuing westward following the Los Angeles corporate boundary to its intersection with the boundary of the City of Beverly Hills, thence following the northern boundary of the City of Beverly Hills until it returns to Sunset Boulevard, thence following Sunset Boulevard westward to its point of intersection with the Pacific Coast Highway (State Highway Route 1). The zone shall also include Elysian Park and El Pueblo de Los Angeles State Historic Park and, for purposes of providing a recreational trail corridor, it shall also include hiking and equestrian trail connections and accessways between Griffith Park, Elysian Park, and El Pueblo de Los Angeles State Historic Park. (Amended by Stats. 1982, Ch. 634, Sec. 1.)
  43. 33105.5.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    The conservancy’s executive director must file a trail-corridor map with the Secretary of State by July 1, 1984, and submit the map to two legislative committees at least 30 days before taking certain action under Section 33203.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. ) ## 33105.5. (a) For purposes of providing a recreational trail corridor, the zone shall also include hiking and equestrian trail connections and accessways generally following the Rim of the Valley Trail as identified in the Equestrian and Hiking Trails Guide of the City of Los Angeles. (b) The executive director of the conservancy shall file with the Secretary of State a map specifically delineating a feasible recreational trail corridor as identified in subdivision (a) by July 1, 1984. (c) The executive director of the conservancy shall submit the map prepared pursuant to subdivision (b) to the Assembly Committee on Water, Parks, and Wildlife and to the Senate Committee on Natural Resources at least 30 days prior to taking any action for the purposes of this section pursuant to Section 33203. (Added by Stats. 1983, Ch. 674, Sec. 1.)
  44. 33105.6.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    The trail corridor must include the Santa Clarita Woodlands portion of the Santa Susana Mountains, and the conservancy’s executive director must file a revised boundary map with the Secretary of State by March 1, 1990.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 2. Definitions [33100 - 33105.6] ( Chapter 2 added by Stats. 1979, Ch. 1087. ) ## 33105.6. The recreational trail corridor for the Rim of the Valley Trail shall include the Santa Clarita Woodlands portion of the Santa Susana Mountains. The executive director of the conservancy shall file a map with the Secretary of State by March 1, 1990, showing the revised trail corridor boundary including the Santa Clarita Woodlands. The boundaries of the addition to the trail corridor shall substantially conform to the boundaries of the Santa Clarita Woodlands depicted in the map included in the Preliminary Study of Possible Parkland Acquisition in the Santa Susana Mountains (March 1, 1989) by the Department of Parks and Recreation. Nothing in this section shall be interpreted to inhibit the development of facilities necessary for the protection of public health and safety. (Added by Stats. 1989, Ch. 690, Sec. 1.)
  45. 3311.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    In these suits, a restraining order may not be issued ex parte, and injunctions may not be refused, dissolved, or stayed pending appeal just because a bond or undertaking was given. The procedure must otherwise follow the cited Code of Civil Procedure provisions.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3311. In those suits, a restraining order shall not be issued ex parte, and a temporary or permanent injunction issued in the proceedings shall not be refused or dissolved or stayed pending appeal upon the giving of any bond or undertaking or otherwise, but otherwise the procedure, including the procedure on appeal, shall be conformable with the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure. In the proceedings, the findings of the supervisor, unless set aside, or except to the extent modified, by the director, shall constitute prima facie evidence of the unreasonable wastage of gas therein found to be occurring or threatened. (Amended by Stats. 1981, Ch. 714, Sec. 345.)
  46. 3312.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    If the director thinks certain oil or gas well owners, lessors, lessees, or operators are causing unreasonable gas waste, the director may seek an injunction to stop 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3312. Whenever it appears to the director that the owners, lessors, lessees, or operators of any well or wells producing oil and gas or oil or gas are causing or permitting an unreasonable waste of gas, he may institute, or have proceedings instituted, in the name of the people of the State of California, to enjoin the unreasonable waste of gas regardless of whether proceedings have or have not been instituted under sections 3302 to 3305, and regardless of whether an order has or has not been made therein. Such proceedings shall be instituted in the superior court of the county in which is situated the well or wells, or any thereof, from which the unreasonable waste of gas is occurring. The owners, lessors, lessees, or operators causing or permitting an unreasonable waste of gas in the same oil or gas field may be made parties to the action, although their properties and interests may be separately owned and their unreasonable waste separate and distinct. (Enacted by Stats. 1939, Ch. 93.)
  47. 3313.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    In these suits, a restraining order must not be issued ex parte, and a temporary or permanent injunction must not be refused, dissolved, or stayed pending appeal just because a bond or undertaking 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3313. In such suits a restraining order shall not be issued ex parte, and a temporary or permanent injunction issued in such proceedings shall not be refused or dissolved or stayed pending appeal upon the giving of any bond or undertaking or otherwise, but otherwise the procedure shall be governed by the provisions of Chapter III of Title VII of Part 2 of the Code of Civil Procedure. (Enacted by Stats. 1939, Ch. 93.)
  48. 3314.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Proceedings to enjoin gas waste must be special proceedings limited to deciding whether gas is being, or is threatened to be, produced in unreasonably wasteful quantities and how much of that production should be enjoined for California.

    ## 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 5. Unreasonable Waste of Gas [3300 - 3314] ( Article 5 enacted by Stats. 1939, Ch. 93. ) ## 3314. Proceedings to enjoin waste as contemplated by this chapter shall be special proceedings restricted to the single issue whether gas is being produced or is threatened to be produced in unreasonably wasteful quantities and the extent to which such production should be enjoined on behalf of the State of California. (Added by Stats. 1955, Ch. 1670.)
  49. 3315.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section says California has an interest in stopping land subsidence in certain oil- and gas-producing areas and gives the State Oil and Gas Supervisor power to require repressuring operations and related unit or cooperative plans.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3315. It is hereby found and determined: (a) That the people of the State of California have a direct and primary interest in arresting and ameliorating the subsidence and compaction of land in those areas overlying or immediately adjacent to producing oil or gas pools within the State where valuable buildings, harbor installations and other improvements are being injured or imperiled or where subsidence is interfering or may interfere with commerce, navigation and fishery, or where substantial portions of such areas may be inundated if subsidence continues, thereby endangering life, health, safety, public peace, welfare and property; (b) That in certain of such areas of the State land already has subsided to a great extent and is continuing to subside at an alarming rate, resulting in injury to surface and underground improvements through land movement or the threat of inundation from the sea, necessitating extensive filling and construction of levees and dikes; and requiring the raising, repair and reconstruction of highways, bridges, buildings, utility and transportation facilities, vital national defense installations and other improvements; (c) That the results of studies by qualified engineers, which have been conducted in certain of such affected areas, indicate that the only feasible method that can be expected to arrest or ameliorate subsidence in such areas is by repressuring subsurface oil and gas formations thereunder and that such repressuring operations, in addition thereto, should increase the amount of oil ultimately recoverable from the formations underlying such areas and protect the oil or gas in such lands from unreasonable waste; (d) That unit or co-operative operation of such pool or pools in such areas is necessary in order to repressure or maintain pressure in said pool or pools in order to arrest or ameliorate subsidence; (e) That, in view of the special characteristics of the subsidence problem in such areas, it is necessary, therefore, that the State of California, through authority vested in the State Oil and Gas Supervisor, exercise its power and jurisdiction to require the carrying on of repressuring operations which will tend to arrest or ameliorate subsidence by maintaining or replenishing underground pressures in formations underlying such areas, thereby safeguarding life, health, property, and the public welfare, and to require such co-operative or unit plan or plans as may be necessary for repressuring which tend to arrest or ameliorate subsidence subject to the limitations on the authority of the supervisor contained in this article; (f) That it is also desirable to encourage the carrying on of voluntary repressuring operations pursuant to voluntary unit or co-operative agreements in order to arrest or ameliorate subsidence, and as a means to that end it is necessary that the power of eminent domain be exercised to acquire the properties of nonconsenting owners of interests in oil and gas under the circumstances and subject to the limitations set forth in this article. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  50. 3316.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section says the chapter’s general provisions and definitions apply to this article unless the context requires otherwise.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316. Unless the context otherwise requires, the general provisions and definitions contained in this chapter govern the construction of this article. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  51. 3316.1.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section defines “person” broadly 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.1. As used in this article, “person” means any natural person, corporation, association, partnership, limited liability company, joint venture, receiver, trustee, executor, administrator, guardian, fiduciary or other representative of any kind and includes the state and any city, county, city and county, district or any department, agency or instrumentality of the state or of any governmental subdivision whatsoever. (Amended by Stats. 1994, Ch. 1010, Sec. 204. Effective January 1, 1995.)
  52. 3316.10.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    “Increased production” means the amount of oil or gas produced above the amount that would have been produced without repressuring operations, within the defined area and year.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.10. “Increased production” means that portion of the oil or gas produced from all wells bottomed within a unit area, or within any other area where the supervisor finds repressuring operations feasible, during any year over and above the oil or gas that would have been produced from all wells bottomed within the same area during the identical year at the projected rate of decline for the wells in the absence of repressuring operations conducted pursuant to this article. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  53. 3316.11.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section defines “working interest” in oil and gas lands and says it remains vested in the owner even if drilling or production rights are delegated to an 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.11. “Working interest” means an interest held in lands by virtue of fee title, including lands held in trust, a lease, operating agreement or otherwise, under which the owner of such interest has the right to drill for, develop and produce oil and gas. A working interest shall be deemed vested in the owner thereof even though his right to drill or produce may be delegated to an operator under a drilling and operating agreement, unit agreement, or other type of operating agreement. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  54. 3316.12.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section defines “working interest owner” as a person owning a working interest.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.12. “Working interest owner” means a person owning a working interest. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  55. 3316.13.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section defines “royalty interest” as a right or interest in oil and gas produced from land, or in the proceeds of the first sale, excluding a working interest.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.13. “Royalty interest” means a right to or interest in oil and gas produced from any lands or in the proceeds of the first sale thereof other than a working interest. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  56. 3316.14.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section defines “royalty interest owner” as a person who owns a royalty interest.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.14. “Royalty interest owner” means a person owning a royalty interest. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  57. 3316.15.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    “Unit operator” means the person or persons designated as operator of the unitized area under the unit agreement or under specified parts of Section 3322.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.15. “Unit operator” means the person or persons designated by the unit agreement or in accordance with subdivisions (g) and (j) of Section 3322 as operator or operators of the unitized area. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  58. 3316.16.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section defines “land” to include both surface rights and mineral rights.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.16. “Land” means both surface and mineral rights. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  59. 3316.2.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    “Pool” means an underground reservoir with a common accumulation of crude oil or natural gas, or something that appears to contain one at the time of determination.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.2. “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. 1958, 1st Ex. Sess., Ch. 73.)
  60. 3316.3.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    “Field” is defined as the general surface area underlaid, or reasonably appearing to be underlaid, by one or more pools.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.3. “Field” means the same general surface area which is underlaid or reasonably appears to be underlaid by one or more pools. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  61. 3316.4.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section defines “repressuring operations” as certain gas or water injection and flooding operations, or similar operations aimed at reducing subsidence or restoring pool pressure.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.4. “Repressuring operations” means gas injection operations, water injection operations, water flooding operations, or any combination thereof, or any other operations intended primarily to arrest or ameliorate subsidence, or to restore or increase the pressure in a pool, or to avoid or minimize a reduction of pressure within a pool. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  62. 3316.5.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section defines “subsidence” as sinking, lowering, collapsing, compaction, or other movement of the land, whether or not it is covered by water.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.5. “Subsidence” means sinking, lowering, collapsing, compaction or other movement of the land whether covered by water or not. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  63. 3316.6.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section defines “unit area” 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.6. “Unit area” means all or part of a pool or pools included within the area embraced by a unit created pursuant to an order of the supervisor as provided in Section 3322, or created by a unit agreement voluntarily entered into. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  64. 3316.7.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    “Unit production” means oil, gas, and other hydrocarbons produced from a unit area starting on the relevant supervisor order or approved unit agreement 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.7. “Unit production” means all oil, gas and other hydrocarbon substances produced from a unit area from the effective date of the order of the supervisor creating the unit, or from the effective date of a unit agreement approved by the supervisor. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  65. 3316.8.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section defines “fieldwide repressuring plan.”

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.8. “Fieldwide repressuring plan” means a plan based upon a competent engineering study or studies, prepared by a petroleum engineer licensed by the State, of all the pools in a field, designed so as to provide for a program of pressure restoration or maintenance as to most effectively arrest or ameliorate subsidence with respect to those land areas referred to in Section 3315. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  66. 3316.9.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section defines “unit agreement” to include related operating, consent, and supplemental agreements, but not certain preliminary land-exchange agreements.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3316.9. “Unit agreement” means and includes, in addition to the unit agreement, any unit operating agreement, consent agreement and other agreement entered into in connection with and supplemental to such unit agreement, but shall not include any preliminary agreement confined to effectuating any exchange of interests in tracts of land which the parties to such preliminary agreement may desire. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  67. 3317.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section applies only to certain subsiding lands near producing oil or gas pools and says the area within specified boundaries is called a subsidence area.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3317. This article applies only to lands, referred to in Section 3315, overlying or immediately adjacent to a producing pool or pools, when such lands are subsiding, portions of which lands are subject to threat of inundation from the sea and which subsidence is endangering the life, health and safety of persons or which is damaging or is threatening to cause damage to, any surface or underground improvements located on such lands overlying or immediately adjacent to such pool or pools. The area within the exterior boundaries established pursuant to Section 3336 shall be known as a “subsidence area.” (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  68. 3318.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    Orders by the supervisor covering certain tide or submerged lands must protect the public trust and cannot be treated as changing the underlying trust or transferring the lands.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3318. An order of the supervisor which involves tide or submerged lands which may have been granted to any city, county, or city and county, or district, shall prohibit any impairment of the public trust for commerce, navigation, or fisheries to which the granted lands are subject. The Legislature hereby finds and declares that compliance with any such order containing such prohibition will not impair the public trust for commerce, navigation, or fisheries to which the granted lands are subject, and that any acts or things done pursuant to the terms thereof or resulting therefrom are consistent with and not in violation of the terms and conditions of any such grant or of any trusts, restrictions, or conditions of appertaining thereto. No such order shall effect or result in, or be construed to effect or result in a revocation of or change in any trust pertaining to the granted lands, or in any grant, conveyance, alienation, or transfer of the granted lands, or any part thereof, to any other individual, firm, or corporation, even though such order provides for the pooling of oil, gas, or other hydrocarbon substances produced from the granted lands with oil, gas, or other hydrocarbon substances produced from other lands, or results in the migration of any oil, gas or other hydrocarbon substances between the granted lands and other lands. If any of the granted lands are contained in any unit created or approved by an order of the supervisor, and, when applicable, the State Lands Commission, then any trust, restrictions, or conditions pertaining to any production from the granted lands included within such a unit, or to any proceeds from such production, shall apply only to that part of the production or that part of the proceeds therefrom which is allocated to such city, county, or city and county or district on account of the granted lands under any such order, and shall not apply to any other production or the proceeds therefrom, whether or not the same may have been produced from the granted lands or other lands. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  69. 3319.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    The supervisor can hold hearings on fieldwide repressuring plans for subsidence, must do so when certain applicants apply, and must adopt a plan if the evidence supports it and the plan is necessary and economically acceptable.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3319. (a) The supervisor, upon the supervisor’s own motion, may, or shall, upon the application of any city, county, or city and county, any part of which is in a subsidence area, or any contractor or lessee for the production of oil or gas therefor, or any person having a working interest therein, who has submitted therewith an engineering report and plan for fieldwide repressuring operations in the pool or pools in a field in order to arrest or ameliorate subsidence therein, prepared by a petroleum engineer licensed by the state, hold a public hearing. The public hearing shall, at a minimum, consider the need for repressuring operations in all of the pool or pools in order to arrest or ameliorate subsidence. The supervisor may order applications relating to the same field to be consolidated for the public hearing thereon. (b) Before any application shall be considered, each applicant shall pay to the supervisor for deposit in the General Fund a sum of money estimated by the supervisor to be equivalent to the amount of costs necessary to publish and mail notices, to employ stenographic reporters, to prepare a daily transcript of such hearing for use by the supervisor, to pay any rental that may be necessary to provide quarters for the hearing and to reimburse the Department of Conservation for any charges imposed upon it for the services of a hearing officer or members of the Attorney General’s staff in conjunction with the hearing. If more than one application is filed, the costs shall be equally charged and assessed to and paid by the respective applicants. The costs, when finally determined, if in excess of the amount theretofore deposited shall be paid equally by the applicant or applicants. Any money remaining on deposit after final determination and payment of costs shall be refunded to the applicant or applicants equally. If, after a public hearing and from the evidence adduced therefrom, and from such engineering studies as the supervisor may have ordered made and which have been presented and considered at the hearing, the supervisor finds that repressuring operations of the pool or pools will tend to arrest or ameliorate subsidence, the supervisor shall by order adopt a fieldwide repressuring plan and specifications of the work to be done thereunder, if, in the judgment of the supervisor, the fieldwide plan and specifications are necessary, and will not substantially reduce the maximum economic quantity of oil or gas ultimately recoverable from the pool or pools under prudent and proper operations. (c) Any fieldwide repressuring plan and general specifications shall be based upon a competent engineering study of all the pools in the field and shall provide for repressuring operations designed to most effectively arrest or ameliorate subsidence with respect to those land areas overlying or immediately adjacent to a producing pool or pools. The plan and specifications may provide that they may be carried out by one or more units made up of the pool, groups of pools, or portions thereof, or by individual persons, or by cooperative agreements between two or more persons or by any combinations of the foregoing which in the judgment of the supervisor shall be feasible. The study may be reviewed from time to time by the supervisor, and if it be determined, from an analysis of the collected data, that consideration should be given to the alteration or modification of the plan and specifications, the supervisor shall order the holding of the requisite hearing for the purpose of determining whether the change should be incorporated into the plan and specifications by an amended order. The supervisor may amend a fieldwide repressuring plan and general specifications of the work to be done in the same manner as herein provided for the initial adoption of the plan and specifications. (Amended by Stats. 1992, Ch. 999, Sec. 16. Effective January 1, 1993.)
  70. 3319.1.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    The supervisor must hold a public hearing on certain repressuring applications, and may adopt, amend, or condition repressuring plans and specifications.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3319.1. Prior to the adoption of a fieldwide repressuring plan and general specifications of the work to be done thereunder, as provided in Section 3319, the supervisor, upon the application of any city, county, city and county, any part of which is in a subsidence area, or any contractor or lessee for the production of oil or gas therefor, or any person having a working interest therein, who has submitted therewith an engineering report and plan for pressure restoration or pressure maintenance of a particular pool or pools, or portion thereof underlying a certain described area or portion of such field, designed for the purpose of arresting or ameliorating subsidence therein, prepared by a petroleum engineer licensed by the State, shall hold a public hearing to consider the need for repressuring operations in such pool or pools, or portion thereof, in order to arrest or ameliorate subsidence. Applications relating generally to the same described area or portions of such field may be ordered consolidated by the supervisor for such public hearing thereon. The procedure and method prescribed in Section 3319, with reference to the determination of amount, assessment, payment and refunding of costs, in conjunction with the holding of the hearing therein provided, are hereby incorporated with reference to the determination of amount, assessment, payment and refunding of costs as a condition precedent to the holding of the hearing herein provided. If, after a public hearing and from the evidence adduced therefrom, and from such engineering studies as he may have ordered made and which have been presented and considered at such hearing, the supervisor finds that repressuring operations of such pool or pools or portions thereof will tend to arrest or ameliorate subsidence, he shall by order adopt a repressuring plan and specifications of the work to be done thereunder in such pool or pools or portions thereof, if in his judgment such plan and specifications are necessary and will not substantially reduce the maximum economic quantity of oil or gas ultimately recoverable from such pool or pools under prudent and proper operations. Any such repressuring plan and specifications adopted in furtherance thereof shall be designed to most effectively arrest or ameliorate subsidence with respect to those affected land areas overlying or immediately adjacent to such pool or pools, or portions thereof. The supervisor may amend such repressuring plan and specifications in the same manner as herein provided for the initial adoption of said repressuring plan and specifications. Any order of the supervisor adopting a repressuring plan and specifications of the work to be done thereunder with respect to a particular pool, or pools, or portions thereof, shall be expressly conditioned so as to provide that such plan and specifications shall be subject to amendment or modification if, after the holding of a public hearing thereon, it be determined that such amendment or modification is necessary in order to conform such plan and specifications with the subsequently adopted fieldwide repressuring plan and general specifications as provided for in Section 3319. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  71. 3320.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    The supervisor must review, approve, inspect, and enforce compliance for voluntary repressuring operations tied to subsidence control, and approved parties may continue operations without further direction unless subdivision (c) applies.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3320. (a) The policy of conducting voluntary repressuring operations in a pool or pools, or portions thereof, in order to arrest or ameliorate subsidence, or for any other lawful purpose, whether individually or by unit or co-operative agreement, shall be encouraged by the supervisor. Nothing contained in this article shall be deemed to prohibit the supervisor from approving voluntary repressuring operations in any pool or pools, or part thereof, pursuant to this article or any other provision of Division 3 (commencing at Section 3000) of the Public Resources Code prior to adoption of a repressuring plan and specifications under Section 3319 or 3319.1, if in his judgment such repressuring operations are not detrimental to the intent and purposes of this article to arrest or ameliorate subsidence, or are not otherwise unlawful. At any time after the adoption of a repressuring plan and specifications therefor, as provided in Section 3319.1, or the adoption of the fieldwide repressuring plan and specifications therefor, as provided in Section 3319, and prior to the issuance of a unit order, the supervisor shall, upon request being made therefor, analyze any such currently conducted repressuring operations, and any proposed plan of repressuring operations to determine whether such operations are or would be in conformity, or could be made to conform, with either of the foregoing adopted repressuring plans and specifications. If the supervisor determines that such existing or proposed repressuring operations do conform, or if he determines that such operations can be made to conform, and the respective party or parties thereto agree to the recommended modifications, he shall approve such voluntary repressuring operations. Upon such approval by the supervisor, the party or parties thereto shall be entitled to continue or proceed with such repressuring operations without specific direction or order from the supervisor, except as provided in subdivision (c) hereof. The provisions of Section 6879 shall apply to any such voluntary or co-operative agreement which includes tide and submerged lands of the State which have been granted to a city, county, city and county or district by a grant which does not except and reserve to the State all deposits of minerals, including oil and gas, in said lands. (b) In the event any proposed plan of repressuring operations is not commenced or any proposed unit or co-operative agreement which has been approved by the supervisor, is not executed and operations commenced thereunder by the respective parties thereto within the time specified in the order of the supervisor approving the same, or within any extension thereof granted by the supervisor, for good cause shown, but in no event longer than 90 days from the expiration date specified in the order of approval, the order of the supervisor shall be deemed automatically revoked, without further action, and the supervisor shall take such appropriate action as authorized by this article. (c) The supervisor shall, at all times, have access to and may inspect all repressuring operations referred to in subdivision (a) hereof for the purpose of determining that performance is being conducted in accordance with the repressuring plan or plans and specifications of work to be done thereunder adopted pursuant to Section 3319 or 3319.1, or in accordance with the orders of the supervisor approving repressuring operations, and shall have power to require such operations to conform to the said repressuring plan or plans and specifications of work to be done thereunder adopted by, or orders theretofore made by the supervisor, and to otherwise enforce compliance with this article. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  72. 3320.1.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

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    The supervisor may approve certain oil and gas unit or cooperative agreements, and a city or county may use eminent domain for the stated purposes if the subdivision’s conditions are met.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3320.1. (a) An agreement for the management, development and operation of two or more tracts in a pool or pools, or portions thereof, in a field as a unit without regard to separate ownerships for the production of oil and gas, including repressuring operations therein, and for the allocation of benefits and costs on a basis set forth in the agreement, shall be valid and binding upon those who consent thereto and may be filed with the supervisor for approval. Any agreement for the cooperative management, development and operation of two or more tracts in a pool or pools, or portions thereof, in a field for the production of oil or gas, including repressuring operations therein, shall be valid and binding upon those who consent thereto and may be filed with the supervisor for approval. If in the judgment of the supervisor a unit agreement or cooperative agreement filed for approval is not detrimental to the intent and purposes of this article to arrest or ameliorate subsidence, or otherwise unlawful, the supervisor may approve the agreement. No such agreement approved by the supervisor hereunder or heretofore approved pursuant to applicable law prior to the enactment of this article shall be held to violate any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations or conspiracies in restraint of trade or commerce. (b) In the event that at the time of the approval by the supervisor of a unit or cooperative agreement under subdivision (a), the supervisor makes written findings of all of the following: (1) A primary purpose of the unit or cooperative agreement is the initiation and conduct of repressuring operations in the area covered thereby for the purpose of arresting or ameliorating subsidence. (2) The initiation and conduct of repressuring operations in the area covered by the unit or cooperative agreement are feasible and compatible with the purposes of this article. (3) The persons who are entitled to 75 percent of the proceeds of production of oil and gas within the area covered by the unit or cooperative agreement (measured by the production of oil and gas therein in the last calendar year preceding the date of such approval) have become parties to such agreement by signing or ratifying it. (4) It is necessary, in order to initiate and conduct repressuring operations, that the properties of nonconsenting persons who own working interests or royalty interests in lands within the area covered by the unit or cooperative agreement become subject to the agreement. (5) The agreement is fair and reasonable, and contains appropriate provisions to protect and safeguard the rights of all persons having an interest in oil and gas production in the area covered thereby. Then the supervisor shall make and enter an order which shall provide that unless the nonconsenting persons, within 30 days after service upon those persons of the order in the manner specified by the supervisor, become parties to the agreement by signing or ratifying the agreement, the right of eminent domain may be exercised as provided in subdivision (c) for the purpose of acquiring the properties of the nonconsenting persons which are found by the supervisor to be necessary for the initiation and conduct of the repressuring operations. If the supervisor makes findings in accordance with the foregoing, the findings shall be prima facie evidence of all of the following: (A) Of the public necessity of the development and operation of the properties in accordance with the unit or cooperative agreement and of the repressuring operations to be initiated and conducted pursuant to the agreement. (B) That the acquisition of the properties of the nonconsenting persons which are designated by the supervisor is necessary therefor. (C) That the repressuring and other operations to be initiated and conducted pursuant to the agreement, and the improvements to be made in connection therewith are planned or located in the manner which will be most compatible with the greatest public good and the least private injury. The acquisition and use of land, including oil and gas rights therein, and personal property used in the production of oil and gas within a subsidence area for the purposes and by the persons mentioned in this section under the circumstances herein specified, are public uses on behalf of which the right of eminent domain may be exercised. (c) Subject to the provisions of subdivision (b), the right of eminent domain for the purposes therein mentioned may be exercised by any city, county, or city and county, which has agreed to commit the properties to be acquired to such unit or cooperative agreement, or which has agreed to convey all or a portion of said properties upon acquisition, for a price not less than the cost of acquiring the same, to working interest owners who are parties to such unit or cooperative agreement and who have agreed to commit such properties to said agreement. Except as otherwise provided in subdivisions (b) and (c), any condemnation action brought hereunder shall be governed by Title 7 (commencing with Section 1230. 010) of Part 3 of the Code of Civil Procedure. If a condemnation action or actions to acquire the properties of the nonconsenting persons are promptly commenced and diligently prosecuted to final judgment by which the properties are acquired, no compulsory unit order affecting the area covered by the agreement shall be made by the supervisor under Section 3321 with respect to that area. (Amended by Stats. 1984, Ch. 193, Sec. 100.)
  73. 3320.2.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

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    The supervisor may compel unitization of interests and order repressuring operations when the required owners have not acted in time, but only if specified findings are made.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3320.2. If the supervisor determines that sufficient of the working interest owners and royalty interest owners to make repressuring operations feasible in any pool or pools, or portions thereof, for which a repressuring plan and specifications have been adopted by the supervisor, have not prior thereto, or within the time designated in the order of the supervisor adopting such plan and specifications, entered into a unit agreement or co-operative agreement, or have not taken individual action under which the repressuring operations contemplated by such plan will be satisfactorily initiated and conducted, the supervisor shall have power to compel the unitization of all interests in such pool or pools, or portions thereof, in the manner and subject to the limitations set forth in this article. If the supervisor shall compel the unitization of the interests in any pool or pools, or portions thereof, in a field as provided in Section 3321, the supervisor shall have power to order repressuring operations to be initiated and conducted in the unit area in accordance with the applicable repressuring plan and specifications previously adopted by the supervisor; provided, however, that no order compelling unitization or order requiring the initiation and conduct of repressuring operations in the unit area shall be made unless the supervisor shall find: (1) That the initiation and conduct of such repressuring operations will not substantially reduce the maximum economic quantity of oil or gas ultimately recoverable from the unit area as a whole under prudent and proper operations. (2) That the estimated cost of initiating and carrying out such repressuring operations within the unit area as a whole, including both capital and operating costs, will not exceed the estimated value of the increased production resulting therefrom. The supervisor shall have continuing jurisdiction to review the results of repressuring operations previously ordered by the supervisor and to make such further orders as may be necessary or desirable under the provisions of this article. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  74. 3320.3.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

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    The supervisor must ignore agreed excess-cost contributions when comparing repressuring costs to increased production value, and any order must spell out how those costs will be repaid if the offer is found feasible, fair, and reasonable.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3320.3. In determining, as required by Section 3320.2, whether the estimated cost of initiating and conducting such repressuring operations will exceed the estimated value of the increased production resulting from such operations, the supervisor shall exclude from consideration that portion of the cost of initiating and conducting such repressuring operations which any interested person or persons agree to bear, in addition to the portion of the cost of such operations which such person or persons would otherwise be obligated to bear pursuant to the provisions of subdivision (e) of Section 3322 under arrangements for the conditional repayment of such excess portion from increased production as follows: (a) Each person bearing a part of such excess portion of the cost of initiating and conducting such repressuring operations shall recover the amount so borne, plus interest on the unpaid balance thereof at the rate of 31/2 percent per annum compounded semiannually by receiving, until fully repaid, his pro rata share, based upon his proportionate contribution from an amount not less than 60 percent or more than 90 percent, which, in the judgment of the supervisor, shall from time to time be determined to be fair and reasonable to all persons concerned, of that proportion of the increased production thereafter produced that the said excess portion of the cost of initiating and conducting such repressuring operations bears to the total cost of initiating and conducting such repressuring operations. (b) If the supervisor shall find the offer of such person or persons to bear the excess portion of the cost of initiating and conducting such repressuring operations to be feasible, fair and reasonable, any order for repressuring operations made by the supervisor, in addition to its other provisions, shall set forth the time, manner and terms upon which such excess portion of the cost of initiating and conducting repressuring operations shall be borne by such person or persons until repaid to such person or persons from increased production as above provided. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  75. 3320.4.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

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    Certain public entities may use oil- or gas-revenue from tide or submerged lands to help pay the cost of repressuring operations in a subsidence area.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3320.4. In order to encourage the initiation and conduct of repressuring operations with the greatest possible speed in a subsidence area, the State, or any city, or county, city and county, or other political subdivision, deriving revenues from oil or gas produced from tide or submerged lands may expend such revenues for the purpose of bearing that portion of the cost of initiating and conducting repressuring operations in such subsidence area: (1) In excess of that share of such costs which would otherwise be borne by such person pursuant to subdivision (e) of Section 3322 as a participant in a unit created by order of the supervisor pursuant to Section 3322 under arrangements for conditional repayment as above provided, or (2) In excess of that share of such costs which would otherwise be borne by such person as a participant in a unit under a unit agreement voluntarily entered into under arrangements for conditional repayment satisfactory to such person and the other working interest owners interested in said unit. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  76. 3320.5.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

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    Working or royalty interest owners are not liable for certain oil and gas operation losses or damage if the operations are conducted without negligence and under an approved or ordered co-operative or unit agreement.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3320.5. No working or royalty interest owner shall be liable for any loss or damage resulting from repressuring or other operations connected with the production of oil and gas which are conducted, without negligence, pursuant to and in accordance with a co-operative or unit agreement ordered or approved by the supervisor pursuant to this article. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  77. 33200.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    This section creates the Santa Monica Mountains Conservancy and sets rules for its membership, voting, compensation, quorum, and expense reimbursement.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33200. (a) The Santa Monica Mountains Conservancy is hereby established within the Natural Resources Agency. The conservancy is composed of nine voting members and three ex officio members. The voting members are as follows: (1) The Superintendent of the Santa Monica Mountains National Recreation Area, or his or her designee. (2) A member representing the City of Los Angeles, appointed by the mayor with the approval of the city council. (3) Three public members who shall be residents of either the County of Los Angeles or the County of Ventura, one 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. At least one of the public members shall reside within the San Fernando Valley statistical area, as defined in Section 11093 of the Government Code. The seat of a public member shall be deemed vacant if the member changes his or her residence to a county other than Los Angeles or Ventura County. (4) An elected official who is a representative nominated by the city councils of those cities which have at least 75 percent of their areas within the zone who shall be appointed by the Board of Supervisors of the County of Los Angeles or a member appointed by the Board of Supervisors of the County of Los Angeles, or that member’s designee. (5) An elected official who is either a member of the City Council of the City of Thousand Oaks or a member of the Board of Supervisors of the County of Ventura and who shall be appointed by the Board of Supervisors of the County of Ventura, or the elected official’s designee. (6) The Secretary of the Natural Resources Agency or an employee of the agency designated by the secretary. (7) The Superintendent of the Angeles District of the Department of Parks and Recreation, or his or her designee. (b) (1) (A) The California Coastal Commission and the State Coastal Conservancy shall each appoint an ex officio member who shall be either a member or employee of their respective agency. The ex officio member appointed by the California Coastal Commission and the State Coastal Conservancy shall be nonvoting members, except that the ex officio member appointed by the State Coastal Conservancy may vote on any matter relating to a project undertaken within the coastal zone portion of the zone. (B) On the 10th working day after certification pursuant to Chapter 6 (commencing with Section 30500) of Division 20 of any local coastal program, or any portion thereof, for any portion of the zone, the ex officio member appointed by the California Coastal Commission may vote on any matter relating to a project undertaken within the coastal zone portion of the zone and the ex officio member appointed by the State Coastal Conservancy may not vote on the matter. (2) (A) Except as provided in subparagraph (B), the Supervisor of the Angeles National Forest shall also serve as an ex officio, nonvoting member of the conservancy. (B) The Supervisor of the Angeles National Forest may vote on a matter relating to a project located within, adjacent to, or substantially affecting, the Angeles National Forest. (c) The chairperson and vice chairperson of the conservancy shall be selected by the voting members of the conservancy for a one-year term. A majority of the total authorized and appointed voting membership of the conservancy constitutes a quorum for the transaction of any business under this division. (d) (1) The following members of the conservancy shall be compensated for attendance at regular meetings of the conservancy at the rate of one hundred dollars ($100) per day: (A) The public members. (B) The member appointed by the Board of Supervisors of the County of Los Angeles or that member’s designee, unless the member or designee is also a member of the board of supervisors, in which case no compensation shall be paid. (C) The member appointed by the Board of Supervisors of the County of Ventura or that member’s designee, unless the member or designee is also a member of a board of supervisors, in which case no compensation shall be paid. (D) The members appointed by the State Coastal Conservancy and the California Coastal Commission if these members are not employees of their respective agency or are not full-time compensated elected officials. (E) The appointed member representing the City of Los Angeles. (2) All members of the conservancy shall be reimbursed for actual and necessary expenses, including travel expenses, incurred in the performance of their duties. (Amended by Stats. 2013, Ch. 211, Sec. 1. (SB 238) Effective January 1, 2014.)
  78. 33200.1.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    Certain appointed Senate and Assembly members must meet with the conservancy regularly and take part in its activities, unless that participation would be incompatible with their legislative positions.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33200.1. Three Members of the Senate, appointed by the Senate Committee on Rules, and three Members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the conservancy on a regular basis and participate in its activities, to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. (Added by Stats. 2000, Ch. 991, Sec. 2. Effective January 1, 2001.)
  79. 33200.5.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The Secretary of the Resources Agency does not get authority from being placed within the Resources Agency to approve or deny specific conservancy projects, except when acting as a member of the conservancy under Section 33200(a)(6).

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33200.5. Notwithstanding any other provision of law, placement of the conservancy within the Resources Agency shall not confer upon the Secretary of the Resources Agency any authority to approve or deny specific projects proposed to be undertaken by the conservancy, except pursuant to his or her membership in the conservancy as provided in paragraph (6) of subdivision (a) of Section 33200, nor shall it restrict the conservancy from carrying out the purposes of this division. (Added by Stats. 1992, Ch. 1304, Sec. 2. Effective January 1, 1993.)
  80. 33201.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The State Coastal Conservancy and the Santa Monica Mountains Conservancy are assigned prime responsibility for certain coastal-zone projects, and the section does not change prior projects or the California Coastal Commission’s existing review and approval powers.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33201. (a) The State Coastal Conservancy, pursuant to Division 21 (commencing with Section 31000), has the prime responsibility for carrying out projects identified in certified local coastal programs for jurisdictions within the coastal zone portion of the zone, and the Santa Monica Mountains Conservancy has the prime responsibility pursuant to this division to undertake projects within the coastal zone portion of the zone that implement the park, recreation, conservation, and open-space provisions of the plan. (b) This section does not affect any project undertaken by the Santa Monica Mountains Conservancy or the State Coastal Conservancy prior to January 1, 1983, nor shall this section be construed to affect the existing review and approval powers of the California Coastal Commission. (c) The State Coastal Conservancy does not have jurisdiction in the zone outside the coastal zone portion of the zone. (Amended by Stats. 2006, Ch. 538, Sec. 598. Effective January 1, 2007.)
  81. 33202.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may apply for grants from any source for this division, and must apply for grants authorized by Section 507 of the National Parks and Recreation Act of 1978.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33202. The conservancy may apply for grants from any source to be used for the purposes of this division, and shall apply for all grants authorized pursuant to Section 507 of the National Parks and Recreation Act of 1978 (16 U.S.C. 460kk). The proceeds of such grants shall be deposited in the separate federal grant account in the fund. (Added by Stats. 1979, Ch. 1087.)
  82. 33202.5.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may acquire property to deal with an encroachment, but must give notice and hold hearings in certain objection cases.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33202.5. (a) For purposes of this section, “encroachment” means any unauthorized or unlawful interference with, or physical intrusion onto, or alteration of, the conservancy’s property, either above ground or below, including, but not limited to, buildings, walls, driveways, patios, swimming pools, gutters, and irrigation lines. (b) Notwithstanding Section 33203 or any other provision of this division, the conservancy’s acquisition of real property or interest therein initiated after January 1, 2021, to address or resolve an encroachment on real property owned by the conservancy pursuant to this division is not subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), unless the value of the real property or interest therein exceeds five hundred thousand dollars ($500,000) per lot or parcel, as adjusted for annual changes to the Consumer Price Index for the State of California, as calculated by the United States Bureau of Labor Statistics. However, the conservancy may request the State Public Works Board to review and approve specific acquisitions. (c) Nothing contained in subdivision (b) shall apply to the exercise of the power of eminent domain pursuant to this division. (d) At least 45 days prior to the conservancy taking action pursuant to subdivision (b), the executive director of the conservancy shall provide written notice of the proposed acquisition of real property or of any interest in real property to both of the following: (1) (A) Adjacent landowners, as indicated in the appropriate county tax roll. (B) If an adjacent landowner objects to the proposed action, the conservancy shall hold a noticed public hearing on the objection to the acquisition before voting to recommend an action by the conservancy. (2) (A) The city council of the city in which the real property is located or to the board of supervisors of the county in which the real property is located if the real property is located in an unincorporated area. (B) If the city council or county board of supervisors votes to oppose the proposed action, the conservancy shall hold a noticed public hearing on the objection to the acquisition before voting to recommend an action by the conservancy. (e) The value of the real property or interest therein subject to acquisition pursuant to subdivision (b) shall be determined by an independent third-party appraisal. (Added by Stats. 2020, Ch. 310, Sec. 1. (SB 1380) Effective January 1, 2021.)
  83. 33203.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may acquire property for its purposes, and several state entities must coordinate on land transactions and public notice.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33203. The conservancy may acquire, pursuant to subdivision (e) of Section 33207.5 and the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), real property or any interests therein, including development rights and easements for all the purposes specified in this division. For purposes of this section, the State Public Works Board may use the power of eminent domain. Notwithstanding other provisions of law, the Director of General Services, when so requested by the conservancy and when the conservancy finds it necessary to meet the provisions of this division, shall, without delay, lease, rent, sell, transfer, or exchange any land or interests therein acquired pursuant to this division. Any moneys received by the state, upon disposition of lands acquired pursuant to this division, shall be deposited in the fund and shall be available for the purposes of this division. The Department of General Services and the conservancy shall jointly develop and implement appropriate procedures to insure that land acquisitions, options to purchase, land disposals, and other property transactions under this division are carried out efficiently, equitably, and with proper notice to the public. The conservancy may coordinate with the Department of Parks and Recreation any acquisition with park and recreation development potential and may contract with the Department of Parks and Recreation as necessary in order to do so. The conservancy may, by interagency agreement, cooperate with resource conservation districts in order to carry out the purposes and objectives of this division. (Amended by Stats. 1982, Ch. 1616, Sec. 5.)
  84. 33203.1.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    Before the conservancy seeks State Public Works Board action for an eminent-domain acquisition, its executive director must notify the local city council or county board of supervisors at least 45 days in advance. If that local body disapproves, the conservancy must hold a noticed public hearing on the objections before voting to recommend the action.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33203.1. Notwithstanding Section 33203 or any other provision of this division, the executive director of the conservancy shall give notice of any proposed acquisition of real property, or of any interest in real property, by eminent domain to the city council of the city in which the property is located, or to the board of supervisors of the county in which the property is located if it is in an unincorporated area, at least 45 days prior to the conservancy requesting any action by the State Public Works Board pursuant to Section 15854 of the Government Code. If the city council or board of supervisors disapproves of the proposed action, the conservancy shall hold a noticed public hearing on the objections to the use of eminent domain prior to any vote recommending that action by the State Public Works Board. (Added by Stats. 1985, Ch. 1048, Sec. 1. Effective September 27, 1985. Operative January 1, 1986, by Sec. 6 of Ch. 1048.)
  85. 33203.5.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may acquire or improve real property in the zone if the action is consistent with the plan, and coastal-zone proposals must be sent to the State Coastal Conservancy for review at least 60 days before approval.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33203.5. Notwithstanding any other provision of this division, the conservancy may acquire and improve real property, or any interests therein, anywhere within the zone upon a finding that the action is consistent with the plan. If the proposed acquisition or improvement is within the coastal zone, the executive director of the conservancy shall submit the proposal to the State Coastal Conservancy for review at least 60 days prior to approval by the conservancy. If the State Coastal Conservancy has not, within 60 days from the date of submission, acted to disapprove the proposed acquisition or improvement on the grounds that the project is in conflict with or would jeopardize an approved project of the State Coastal Conservancy or a proposed project as identified in a written preproject feasibility report as adopted by the State Coastal Conservancy, the acquisition or improvement may proceed pursuant to this section. (Amended by Stats. 1982, Ch. 1616, Sec. 6.)
  86. 33204.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may award grants, make interest-free loans, and undertake projects for specified conservation and land-acquisition purposes, subject to plan priorities and several local-government and land-use conditions.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33204. The conservancy may, in accordance with the priorities of the plan, do the following: (a) Award grants or make interest-free loans to cities, counties, resource conservation districts, and recreation and park districts for the purpose of restoring areas which, because of scattered ownerships, poor lot layout, inadequate lot size, inadequate park and open space, incompatible land uses, or other conditions, are adversely affecting the Santa Monica Mountains environment or are impeding orderly development. Any funds over and above eligible project costs which remain after completion of a restoration under this subdivision shall be transmitted by the city, county, resource conservation district, or recreation and park district, as the case may be, to the state and deposited in the fund and shall be available for expenditure, when appropriated by the Legislature, for the purposes of funding the programs specified in this division. (b) Undertake, or award grants or make interest-free loans to any state agency, city, county, resource conservation district, or recreation and park district for the purposes of undertaking, the acquisition of critically needed buffer zones to ensure that the character and intensity of development surrounding lands acquired by the federal government as part of the Santa Monica Mountains National Recreation Area is generally compatible with, and does not adversely impact, the recreational and natural resource values of the national recreation area. In the acquisition of interests pursuant to this subdivision, the conservancy shall place principal reliance on acquisition of development rights and other less than fee interests. (c) Award grants to state agencies, cities, counties, resource conservation districts, and park and recreation districts for the purpose of acquiring sites identified as necessary for park, recreation, or conservation purposes and for development of essential related public facilities. (d) Acquire, or award grants or make interest-free loans to other state agencies, cities, counties, resource conservation districts, and recreation and park districts for the purpose of acquiring, sites identified as necessary for park, recreation, or conservation purposes, when a state or local agency is unable, due to limited financial resources or other circumstances of a temporary nature, to acquire the site. Priority shall be given under this subdivision to sites under immediate development pressure. Fee title and options to purchase may be acquired and the land may be held for subsequent conveyance to the appropriate public agency if the conservancy finds that the site would otherwise be lost to public use. Repayment of any loans or other reimbursements to the conservancy for projects funded from the federal grant account of the fund under this subdivision shall be deposited in the account and may be used for the purposes of this division when authorized by the Secretary of the Interior. (e) Award grants to cities, counties, or state agencies for the purpose of enhancing of resources which, because of improper location of improvements, or incompatible land uses, have suffered loss of natural and scenic values. Grants under this subdivision shall be utilized for the assembly of parcels of land to improve resource management, for relocation of improperly located or designated improvements, and for other corrective measures which will enhance the natural and scenic character. Grants under this subdivision may not be utilized as a method of acquisition of public park, wildlife, or natural areas, except as such uses may be incidental. (f) The conservancy may act pursuant to subdivisions (a) and (b) of this section only if it finds that the local regulatory provisions do not adequately accomplish the objectives of such subdivisions. The conservancy may act pursuant to subdivisions (a), (c), and (e) of this section only if the project is not a more intense land use than is consistent with the local area and general plans of the city or county having jurisdiction over the affected land. The conservancy may undertake a project itself or award a grant or make a loan pursuant to subdivision (b) only if it notifies the governing body of the city or county in whose jurisdiction the project is located and the governing body has not, by a four-fifths vote, disapproved the project. If the governing body does not disapprove a project within 45 days after receiving notice of the project proposal from the conservancy, the project shall be deemed approved by the governing body. (Amended by Stats. 1982, Ch. 1616, Sec. 7.)
  87. 33204.2.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may award certain grants, but only for specified project purposes and subject to review. The executive director must notify the Department of Finance 30 days before a grant is awarded.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33204.2. (a) The conservancy may award grants to nonprofit organizations qualified as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C. Sec. 501(c)(3)), and private educational institutions that file the statement with the Superintendent of Public Instruction required by Section 33190 of the Education Code, to carry out improvements, maintenance, acquisitions, or educational interpretation programs that directly relate to a project that the conservancy is otherwise authorized to undertake pursuant to this division. (b) Grants awarded pursuant to this section are subject to the review and approval of the Department of General Services. The conservancy shall not award a grant under this section for a project that is not for the purposes specified in subdivision (a). No nonprofit organization may expend any portion of a grant to engage in any activity not expressly authorized pursuant to subdivision (a). (c) The executive director shall submit a notice to the Department of Finance 30 days prior to award of a grant under this section. The notice shall specify the recipient organization, the amount to be granted, and the purposes for which the grant is awarded. The period for notice under this subdivision may be concurrent with the review of the Department of General Services under subdivision (b). (Amended by Stats. 1998, Ch. 433, Sec. 1. Effective January 1, 1999.)
  88. 33204.27.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may give grants to school districts and other local agencies, but school-district grants cannot include cash state funds and any facility-use grants must be limited to conservancy-owned facilities.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33204.27. (a) The conservancy may award grants to school districts and other local agencies for any of the purposes for which it may award grants to nonprofit organizations pursuant to subdivision (a) of Section 33204.2. (b) Grants awarded to school districts pursuant to subdivision (a) shall be subject to both of the following conditions: (1) The grants shall not include cash grants of state funds. (2) Grants permitting the use of facilities shall be limited to facilities that are owned by the conservancy. (Added by Stats. 1998, Ch. 433, Sec. 2. Effective January 1, 1999.)
  89. 33204.3.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy must prepare and adopt a coordinated trail development plan and recreational access program for the Rim of the Valley Trail Corridor, hold public hearings before submission, coordinate the plan with affected jurisdictions, and submit it to two legislative committees by the stated deadline.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33204.3. (a) The Legislature finds and declares all of the following: (1) The existing parks and open space owned by federal, state, and local agencies within the Rim of the Valley Trail Corridor, as defined in Section 33105.5, are important recreational and environmental resources for the people of California, especially residents of the San Fernando, La Cresenta, and San Gabriel Valleys, and it is in the public interest to facilitate the connection of existing parks and open-space resources and to provide for further improvement of underutilized public easements and other existing public open spaces. (2) There is a need for overall trail and recreational access planning and coordination between the 11 local agencies, two joint powers park agencies, two state agencies, and three federal agencies with jurisdiction over lands in the Rim of the Valley Trail Corridor. (b) The conservancy, using the voluntary cooperation of governmental jurisdictions within the corridor, shall prepare and adopt a coordinated trail development plan and recreational access program for the Rim of the Valley Trail Corridor that includes, but is not necessarily limited to, all of the following: (1) Identification of major hiking and equestrian trails and important secondary and feeder trails that cross jurisdictional lines, and a priority program for improving those trails. (2) Identification of special purpose trails, where appropriate, for special population groups and special user groups, such as mountain bicycles where the special purpose trails will have no significant environmental impact. (3) Identification of, and a priority program for implementing, those additional recreation access needs, including new or expanded trails that should be added to the Rim of the Valley Trail Corridor, and additional or upgraded facilities, parks, or open spaces that may be necessary. (4) Identification of underused existing public open spaces and recommendations for providing better public use and enjoyment of these areas. (c) Notwithstanding Section 33105.5, the conservancy may make minor boundary changes to the Rim of the Valley Trail Corridor solely for the purpose of implementing the plan prepared pursuant to this section. Any boundary change shall be in the form of maps and descriptions which shall be included in the plan submitted pursuant to subdivision (d) and shall be filed with the Secretary of State not later than July 31, 1990. (d) The conservancy shall hold at least one public hearing in each city and the unincorporated area of each county within the Rim of the Valley Trail Corridor prior to the submission of the plan and program pursuant to this subdivision. The plan and program prepared under subdivision (b), and any changes to the corridor boundary, shall be coordinated with each affected jurisdiction prior to adoption by the conservancy. The plan and program shall be submitted to the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Wildlife at least 30 days prior to the approval of any acquisition or improvement under the plan or program pursuant to this division, but not later than June 30, 1990. (e) Upon adoption by a local government of the plan and program prepared under this section, the plan and program shall be part of the plan that the local government implements for purposes of compliance with Section 33009. (Added by Stats. 1989, Ch. 1062, Sec. 1.)
  90. 33204.4.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The executive director must file a revised corridor map if the conservancy makes the required finding and holds at least one public hearing. An Elsmere Canyon property owner may ask in writing to be included in the corridor, and the conservancy may revise the map to include that property.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33204.4. (a) The Legislature finds and declares all of the following: (1) The boundary of the Rim of the Valley Trail Corridor should be determined exclusively upon the best scientific and resource-based information regarding trail, recreational, and environmental resources in the area. (2) Landowners, local government entities, members of the public, and other affected parties should be afforded maximum participation in the process by which the Rim of the Valley Trail Corridor is delineated. (b) (1) Notwithstanding the requirements of Section 33105.5, if the conservancy determines, based on relevant scientific information and land use planning studies, and after holding at least one public hearing in the area that would be affected by a revision of the boundaries of the Rim of the Valley Trail Corridor, that a boundary revision in the vicinity of the City of Santa Clarita, including Whitney Canyon, Elsmere Canyon, and their adjacent watersheds, is necessary, the executive director shall prepare and file with the Secretary of State, the Assembly Committee on Natural Resources and the Senate Committee on Natural Resources and Water, a revised map showing the changes in the boundaries of the Rim of the Valley Trail Corridor. (2) A revised map prepared pursuant to paragraph (1) shall be supported by relevant scientific information and be in accordance with the purposes and objectives of Section 33204.3. (3) (A) An owner of property located in Elsmere Canyon, at any time, may request of the conservancy, in writing, that his or her property be included within the boundaries of the Rim of the Valley Trail Corridor. Upon receipt of the request, the conservancy may, in accordance with the procedures prescribed in paragraphs (1) and (2), revise the map showing the boundaries of the Rim of the Valley Trail Corridor to include within the corridor the property in Elsmere Canyon that is the subject of the request. (B) Subparagraph (A) does not affect the inclusion of the property in the corridor pursuant to other provisions of this section or other provisions of law. (c) Notwithstanding Section 33201, this section does not affect the jurisdiction of the State Coastal Conservancy. (Amended by Stats. 2009, Ch. 407, Sec. 1. (AB 110) Effective January 1, 2010.)
  91. 33204.5.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy must study and implement a recreational access program, cooperate with named agencies while doing the study, and the executive director must file a trail-corridor map by June 30, 1983.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33204.5. (a) The conservancy shall conduct a study and implement a program to provide recreational access from downtown Los Angeles and the inner city to the zone in order to provide recreational opportunities for all income and ethnic groups wishing to enjoy the Santa Monica Mountains. In undertaking the study, the conservancy shall cooperate with the National Park Service, the El Pueblo de Los Angeles State Historic Park Advisory Committee, the Department of Parks and Recreation, and the City of Los Angeles. (b) The executive director of the conservancy shall file by June 30, 1983, with the Secretary of State and the City Council of the City of Los Angeles a map showing a feasible recreational trail corridor between El Pueblo de Los Angeles State Historic Park and Griffith Park. (Added by Stats. 1982, Ch. 634, Sec. 2.)
  92. 33204.7.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The Department of Parks and Recreation must transfer Fryman Canyon to the conservancy on January 1, 1984. The conservancy may later transfer it only to the National Park Service, with no compensation, under Section 33205.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33204.7. On January 1, 1984, the Department of Parks and Recreation shall transfer Fryman Canyon, which was acquired pursuant to Section 4 of Chapter 809 of the Statutes of 1980, to the conservancy. Fryman Canyon shall be deemed to have been acquired by the conservancy pursuant to Section 33204, but may be transferred by the conservancy only to the National Park Service, without payment of any compensation, in accordance with Section 33205. (Added by Stats. 1983, Ch. 1280, Sec. 1.)
  93. 33204.8.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    If the conservancy makes the required scientific and public-hearing findings, the executive director must file a revised Rim of the Valley Trail Corridor map with specified state committees and the Secretary of State.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33204.8. (a) (1) Notwithstanding the requirements in Section 33105.5, if the conservancy determines, based on relevant scientific information and land use planning studies and after holding at least one public hearing in the area that would be affected by a revision of the boundaries of the Rim of the Valley Trail Corridor, that a boundary revision within and in the vicinity of the City of Moorpark, as described in paragraph (2), is necessary, the executive director shall prepare and file with the Secretary of State, the Assembly Committee on Natural Resources, and the Senate Committee on Natural Resources and Water a revised map showing the changes in the boundaries of the Rim of the Valley Trail Corridor. (2) The conservancy shall determine potential boundary revisions of the Rim of the Valley Trail Corridor for the area within the city limits of the City of Moorpark; the area north of the city limits and south of Broadway Road between Happy Camp Canyon Regional Park and Grimes Canyon Road; and the area west of the city limits of the City of Moorpark, south of Los Angeles Avenue, north of the Arroyo Simi, and east of the Gabbert Canyon Drainage Channel. (3) A revised map prepared pursuant to paragraph (1) shall be supported by relevant scientific information and shall be in accordance with the purposes and objectives of Section 33204.3. (b) Notwithstanding Section 33201, this section does not affect the jurisdiction of the State Coastal Conservancy. (Amended by Stats. 2017, Ch. 561, Sec. 208. (AB 1516) Effective January 1, 2018.)
  94. 33205.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may not keep certain lands for more than 10 years after acquisition, and must follow specified transfer and disposal rules.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33205. The conservancy shall not hold lands acquired in accordance with subdivision (d) of Section 33204 more than 10 years from the time of acquisition. A city, county, recreation and park district, the National Park Service, or a state agency may acquire the land any time during that period for park, recreation, or resource preservation purposes. The acquisition price to the agencies shall be based upon the cost of acquisition under this division, plus administrative and management costs in reserving the land, unless the conservancy determines that the agency will operate and maintain the property for park, recreation, or resource preservation purposes in accordance with standards set by the conservancy, and that the property will not be converted to other uses without the approval of the conservancy. In the cases where the conservancy makes this determination, it may transfer the property without consideration or it may set another acquisition price as mutually agreed upon by the parties. However, in any case where there is a transfer without consideration, or where the consideration is less than acquisition and administrative and management costs, the property shall first be offered to the Department of Parks and Recreation, and, if the department is unwilling or unable to accept the property, the conservancy may then transfer or sell the property to a city, county, recreation and park district, or the National Park Service pursuant to this section. The conservancy shall include in each instrument transferring title of state property to the National Park Service a provision which assures that the property is operated in a manner suitable for park, recreation, or resource preservation purposes. The conservancy shall include in each instrument transferring title of state property to a state or local agency a provision for reversion of the property to the state if the property ceases to be used for park, recreation, or resource preservation purposes. Lands acquired under subdivision (d) of Section 33204 shall not be disposed of pursuant to Section 11011.1 of the Government Code. If, at the expiration of the 10-year period, no agency is willing or able to acquire the lands, the conservancy shall request the Real Estate Services Division of the Department of General Services to dispose of the lands at fair market value subject to restrictions that are consistent with this division. Any funds received by the state upon disposition of lands acquired in accordance with subdivision (a) or (d) of Section 33204 shall be deposited in the fund and shall be available for the purposes of this division. Any funds received by the state under this section upon disposition of lands acquired with funds granted pursuant to Section 507(n) of the National Parks and Recreation Act of 1978 (16 U.S.C. Sec. 460kk(n)) shall be deposited in the federal grant account in the fund and shall be available for the purposes of this division when authorized by the Secretary of the Interior. (Amended by Stats. 1984, Ch. 1549, Sec. 2.)
  95. 33205.5.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    This section directs several land transfers involving Stunt Ranch, Upper Temescal Canyon, and Arroyo Sequit, and gives the conservancy limited authority to make further transfers or retransfer property under stated conditions.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33205.5. (a) Notwithstanding any other provision of law, concurrent with the transfers described in subdivision (b), the Department of Parks and Recreation shall transfer Stunt Ranch, which was acquired pursuant to Section 3 of Chapter 1305 of the Statutes of 1980, to the conservancy, and Stunt Ranch shall be deemed to have been acquired by the conservancy pursuant to Section 33204. Subject to the approval of the Director of Parks and Recreation, the conservancy, not sooner than January 1, 1986, may transfer in fee only to the National Park Service to be used for the benefit of the state park system, without payment of compensation, in accordance with Section 33205 of the Public Resources Code, that portion of Stunt Ranch not transferred to the regents pursuant to subdivision (c), subject to rights reserved to the regents by subdivision (c). If operating funds for Stunt Ranch become available to the Department of Parks and Recreation prior to a transfer to the National Park Service, the conservancy shall, upon the request of the Director of Parks and Recreation, retransfer the property, without payment of compensation, to the Department of Parks and Recreation and the property shall be operated as a unit of the state park system, subject to rights reserved to the regents by subdivision (c). (b) If the conservancy acquires property of the regents commonly known as “362 acres more or less in Upper Temescal Canyon” (hereafter called Upper Temescal Canyon) and “40 acres more or less in Arroyo Sequit” (hereafter called Arroyo Sequit property), the executive director, on behalf of the conservancy, shall do the following: (1) Transfer Upper Temescal Canyon to the Department of Parks and Recreation as an addition to Topanga State Park. (2) Offer to transfer, without compensation, the Arroyo Sequit property to the Department of Parks and Recreation for state park system purposes. If the department does not accept the offer of the Arroyo Sequit property within a reasonable time, the conservancy may transfer the Arroyo Sequit property in fee to the National Park Service to be used for the benefit of the state park system, without payment of compensation, in accordance with Section 33205. (c) If the conservancy acquires the properties specified in subdivision (b) by March 1, 1984, the executive director of the conservancy shall transfer in fee that portion of Stunt Ranch as may be needed by the regents for scientific and educational purposes, upon terms mutually agreed upon by the executive director, on behalf of the conservancy, and the regents. The Department of General Services shall appraise Upper Temescal Canyon, the Arroyo Sequit property, and the Stunt Ranch property and the costs of the appraisal shall be borne equally by the conservancy and the regents. The executive director, on behalf of the conservancy, the Director of Parks and Recreation, and the regents shall each certify that the properties transferred to and offered to the Department of Parks and Recreation pursuant to subdivision (b) are of equivalent value to that portion of Stunt Ranch transferred to the regents pursuant to this subdivision. Subject to the approval of the Director of Parks and Recreation, the executive director shall also execute an agreement with the regents, which shall be effective upon execution, for the use of such other areas of Stunt Ranch as may be necessary for scientific and educational purposes. The agreement may provide that any transfer of other portions of Stunt Ranch to the National Park Service or to the Department of Parks and Recreation shall reserve to the regents the right to continue scientific and educational use under substantially the same conditions as existed prior to the transfer. (d) The Legislature finds and declares that the transfers of and reservations of rights in, property provided for by this section are in the public interest, further the objectives of, and benefit, the state park system, and further the interest in protecting the Santa Monica Mountains Zone as declared in Section 33001. (e) In the event of any conflict between Sections 92671 to 92673, inclusive, of the Education Code and this section, the provisions of this section shall prevail. (f) Notwithstanding the provisions of the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code) and any other provision of law, the executive director of the conservancy may take such actions as are necessary to carry out the provisions of this section. (Added by Stats. 1983, Ch. 1280, Sec. 2.)
  96. 33206.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may lease certain lands, and must share lease income with counties in specified cases.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33206. The conservancy may lease lands acquired in accordance and for purposes consistent with this division. Revenue from leases of land acquired with funds granted pursuant to Section 507(n) of the National Parks and Recreation Act of 1978 (16 U.S.C. Sec. 460kk(n)) shall be deposited in the federal grant account in the fund and shall be available for the purposes of this division when authorized by the Secretary of the Interior. When leases are made to private individuals or private nonprofit tax-exempt organizations of lands acquired pursuant to subdivision (d) of Section 33204, the conservancy shall annually, upon appropriation of such amounts by the Legislature, transfer 24 percent of the gross income of such leases to the county in which such lands are situated. The county shall distribute any payment received by it pursuant to this section to itself, to each revenue district for which the county assesses and collects real property taxes or assessments, and to every other taxing agency within the county in which the property is situated. The amount distributable to the county and each such revenue district or other taxing agency shall be proportionate to the ratio which the amount of the taxes and assessments of each on similar real property similarly situated within that part of the county embracing the smallest in the area of the revenue districts or other taxing agencies other than the county, levied for the fiscal year next preceding, bears to the combined amount of the taxes and assessments of all such districts and agencies, including the county, on such property levied for that year. The county auditor shall determine and certify the amount distributable to the board of supervisors, which shall thereupon order the making of the distribution. Any money distributed pursuant to this section to any county, revenue district, or other taxing agency shall be deposited to the credit of the same fund as any taxes or assessments on any taxable similar real property similarly situated. Where a county receives a payment pursuant to this section in an amount of twenty-five dollars ($25) or less in respect to any parcel of leased property, all of such payment shall be distributed to the county for deposit in the county general fund. (Added by Stats. 1979, Ch. 1087.)
  97. 33207.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may take certain land interests and has first refusal rights on some public land sales; a disposing agency also gets first refusal to buy back certain property.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33207. (a) Areas offered for open-space dedication or trail easement by any person, and lands offered for sale because of tax delinquency, shall not be lost to public use if they are necessary to meet any of the provisions of this division. The conservancy shall serve as a repository for these lands and interest in land and for this purpose may accept dedication of fee title, easements, development rights, or other interests. (b) The conservancy shall have the first right of refusal on any property within the zone presently owned by a public agency and scheduled for disposal as excess lands, except where such lands are designated for acquisition as a park or recreation area by a federal, state, or local agency. The conservancy shall have the right to acquire such lands at the disposing agency’s purchase price plus any administrative and management costs incurred by the disposing agency. The disposing agency shall have the right of first refusal to reacquire property which was acquired by the conservancy pursuant to this division at the price paid by the conservancy before any administrative costs incurred by the conservancy when the land is not to be used for the purposes of this division and is to be sold by the Real Estate Services Division of the Department of General Services. (Added by Stats. 1979, Ch. 1087.)
  98. 33207.1.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy must waive Section 33207(b) if a city or county requests it and the listed findings are met. The division also says no local agency is required to declare property surplus.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33207.1. (a) The conservancy shall, upon the request of a city or county, waive subdivision (b) of Section 33207 if it finds any of the following: (1) The property is shown as commercial or manufacturing on the general plan, area plan, or local coastal program of the city or county having jurisdiction, whichever is applicable, on the date of enactment of this section at the 1985–86 Regular Session of the Legislature. (2) The property is within the unincorporated area of a county with a population exceeding 4,000,000 and is to be used for affordable housing, as determined in paragraph (1) of subdivision (d) of Section 52020 of the Health and Safety Code. (b) Nothing in this division requires any local agency to declare any property surplus. (Added by Stats. 1985, Ch. 1048, Sec. 2. Effective September 27, 1985. Operative January 1, 1986, by Sec. 6 of Ch. 1048.)
  99. 33207.5.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    This section requires the Conservancy’s executive director to release specified purchase rights, and sets a conditional process for the Los Angeles Unified School District Board of Education to offer and sell certain school properties, including notice, bidding, deposit, and timing rules.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33207.5. (a) The executive director, on behalf of the conservancy, shall, contemporaneously with the Los Angeles Unified School District completing all procedures and transfers in accordance with subdivisions (b) and (c), waive and release all the conservancy’s right, title, or interest to purchase Los Angeles Unified School District property pursuant to subdivision (b) of Section 33207, and pursuant to any other statutory authority, wherever granted, to those school sites commonly referred to as the Beverly Glen Midsite School site, the property commonly referred to as the four recorded lots of the Old Ranch Road School site, the property commonly referred to as the South of Lanai Road School site, and any other school district properties located within the zone, except that the conservancy shall retain all rights to purchase the acreage parcel of the Old Ranch Road School site as set forth in this section. (b) The exemption in subdivision (a) shall become operative if the Board of Education of the Los Angeles Unified School District, referred to in this section as the Board of Education, within two days of the effective date of this section, votes to offer to the conservancy, and within five days of the effective date of this section records in the office of the Los Angeles County Recorder, an irrevocable offer to sell to the conservancy, at the original purchase price, the Temescal Junior High School site; and records in the office of the Los Angeles County Recorder an offer of a right to purchase to the conservancy upon terms and procedures in accordance with subdivision (d), a portion of the Old Ranch Road site described as follows: All that portion of blocks 39 and 43 lying within the Santa Monica Land and Water Company Tract M.R. 78-44/49 owned by the Los Angeles Unified School District, together with appurtenant access easements along Old Ranch Road. (c) The exemption in subdivision (a) shall only become operative if the Board of Education, within two days of the effective date of this section, approves a resolution of intention to sell the Old Ranch Road site described in subdivision (b). The resolution to sell shall direct publication of notice of the Board of Education’s intention to sell in a newspaper of general circulation published within the Los Angeles Unified School District within 10 days of the resolution and shall cause the notice to be published on at least three occasions within a period of time of not less than 15 days. The notice shall fix a date for the opening of bids not less than 21 days after the last publication. The bids shall be opened in public in the offices of the real estate branch in accordance with the Los Angeles Unified School District’s procedure. The executive director of the conservancy shall be advised of the bid opening and location not less than seven days prior thereto. The resolution to sell and notice shall state a minimum bid price of one million four hundred thousand dollars ($1,400,000) cash sale, and close of escrow to occur within 45 days of acceptance of the highest responsible bid by the Board of Education. All bids shall be in writing and accompanied by a deposit of not less than fifty thousand dollars ($50,000) in cash or cashier’s check. (d) (1) Prior to accepting any responsible bid received pursuant to subdivision (c), the Board of Education or its designee shall call for oral bids. If, upon the call for oral bidding, any person offers to purchase the property upon the terms and conditions specified in the resolution, for a price exceeding by at least 5 percent the highest written or previous oral proposal that is made by a responsible person, that higher bid shall be designated as the highest responsible bid if the oral bid is reduced to writing and signed by the offeror and accompanied by a cashier’s check or by cash in an amount not less than fifty thousand dollars ($50,000). (2) After determining the highest responsible bidder, the Board of Education shall offer the Old Ranch Road School site described in subdivision (b) to the conservancy at the price indicated in the highest responsible bid as determined in subdivision (c) and this subdivision, but at a price not less than one million four hundred thousand dollars ($1,400,000). The offer shall be in writing and shall remain open for a period of 10 days from the date that the written offer is received by the conservancy. The executive director of the conservancy shall have the right, against all others, to gain the right to purchase the property at any time within the 10-day period at the price of the highest responsible bid by communicating to the Board of Education in writing. (3) In the event the executive director of the conservancy exercises the right to purchase pursuant to this section, the State of California, Santa Monica Mountains Conservancy, shall receive a conveyance of the property from the Board of Education by quit claim deed if the State of California pays the Board of Education by warrant or by cashier’s check, the amount of the highest bid at any time within a six-month period commencing with the date of the receipt by the executive director of the conservancy of the Board of Education’s offer, as described in this subdivision. (4) If the executive director of the conservancy does not, within the 10-day period described in this subdivision, indicate his or her intention to exercise the right to purchase the property, the Board of Education may convey the property to the highest responsible bidder. In the event the highest responsible bidder fails to complete the purchase, the Board of Education shall offer the property to the executive director of the conservancy in accordance with the procedure set forth in this subdivision for each successive responsible bid, but in no case shall the price to the conservancy be less than one million four hundred thousand dollars ($1,400,000). (5) Should the executive director of the conservancy indicate an intention to exercise the right to purchase within the 10-day period, but fail to pay the Board of Education the purchase price by warrant of the State of California or cashier’s check within the six-month period, or the executive director of the conservancy fails to exercise the right to purchase within the 10-day period and the property is purchased by the highest responsible bidder, the executive director of the conservancy shall execute a waiver and release in accordance with subdivision (a) for the Old Ranch Road site as described in subdivision (b). (e) (1) In the event the conservancy does not acquire the portion of the Old Ranch Road site described in subdivision (b) pursuant to the procedure set forth in this section, and the conservancy has released and waived its rights pursuant to subdivision (a), the Board of Education may offer the Old Ranch Road site for purchase to the highest responsible bidder on the same terms as determined pursuant to this section, or should the responsible bidder no longer wish to purchase the property, the Board of Education may offer the property for sale pursuant to the provisions of the Education Code governing the sale of surplus district property. (2) Notwithstanding any other provision of law, the Board of Education may adopt or approve any and all acts required by it to carry out this section and may sell to the conservancy the real property described as the Temescal Junior High School site at its original purchase price in accordance with the procedures specified in this section by an affirmative vote of five members of the Board of Education. Further, notwithstanding the provisions of the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), and any other provision of law, the executive director of the conservancy may take any actions that are necessary to carry out this division. (Amended by Stats. 2006, Ch. 538, Sec. 599. Effective January 1, 2007.)
  100. 33207.6.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    If the Board of Education of the Las Virgenes Unified School District sends a resolution, the conservancy must exchange acceptable substitute property for the district’s excess school lands in the zone it holds, on terms agreed by both sides.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33207.6. Notwithstanding any other provision of law, upon receipt of a resolution of the Board of Education of the Las Virgenes Unified School District, the conservancy shall exchange for the district, under terms mutually agreed upon by the district and the conservancy, an acceptable substitute property for excess school lands within the zone now held by the district. (Added by Stats. 1981, Ch. 999, Sec. 3.5. Effective September 29, 1981.)
  101. 33207.7.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    If the conservancy and a local government or special district mutually agree, certain funds and sale proceeds must be spent only on open-space purposes within that jurisdiction.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33207.7. Notwithstanding any other provision of the law, upon mutual agreement of the conservancy and the governing body of each local government or special district, conservancy funds provided to that jurisdiction and proceeds of sales of excess properties acquired from that jurisdiction shall be spent for purposes consistent with open-space purposes within any area of that jurisdiction. (Added by Stats. 1982, Ch. 1616, Sec. 9.)
  102. 33208.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy must send the Governor and the Legislature an annual two-part report starting January 1, 1981.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33208. The conservancy shall annually, beginning on January 1, 1981, transmit to the Governor and the Legislature a two-part report as follows: (a) The first part of the report shall include all of the following: (1) A listing of, and justification for, the projects proposed to be undertaken pursuant to Section 33204, a statement of the condition of the fund, and a certification by the conservancy that each of the projects proposed to be funded are consistent with the plan. (2) A priority listing of the projects that shall be developed after public hearings and findings and with local government coordination. (3) A listing of the amount of money necessary, if any, to retire bonded indebtedness for water and sewer and other utilities already incurred by property owners which, if left outstanding, would contribute to further development of the zone in a manner inconsistent with the plan. Upon appropriation by the Legislature, the conservancy may make grants from the fund to retire that bonded indebtedness from any money specifically granted by the Secretary of the Interior for that purpose. (b) The second part of the report shall include all of the following: (1) A schedule of projects undertaken by the conservancy and a schedule of grants and loans made by the conservancy. (2) The program specified in Section 33204 under which each project, grant, or loan was carried out and the manner and extent to which the goals of the project, grant, or loan, and the goals of this division, were achieved and the actual cost thereof, including an accounting. (3) A schedule of grants awarded to the conservancy and the disposition of the funds granted. (4) The disposition of the funds appropriated to the conservancy in the fiscal year preceding the year in which the report is made. (5) A review of local and state government actions taken to implement the plan. (6) An identification of additional funding, legislation, or other resources required which would more effectively enable the conservancy or local governments to carry out the purposes of this division. (Amended by Stats. 1992, Ch. 1304, Sec. 3. Effective January 1, 1993.)
  103. 33209.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    Projects seeking funding under Section 33208 must have an adopted project plan developed with the relevant local government or state agency, and the conservancy must set project plan content by regulation.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33209. Every project submitted for funding pursuant to Section 33208 shall have an adopted project plan developed by, or in coordination with, the applicable local government or other state agency. The conservancy shall by regulation specify the content of project plans. Maximum public participation shall be afforded in the development of project plans, including public hearings and findings. (Added by Stats. 1979, Ch. 1087.)
  104. 3321.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

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    The supervisor may issue a compulsory unit order, but only under the article’s limits and after a petition. Before issuing the order, the supervisor must hold a public hearing and set it within 60 days of the petition filing. If specific findings are made, the supervisor must issue a unit-operation order on fair, reasonable, equitable terms consistent with the repressuring plan.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3321. (a) Subject to the limitations specified in this article, the supervisor shall have the power to issue a compulsory unit order upon the petition of a city, county, city and county, any part of which is in a subsidence area, or any contractor or lessee for the production of oil or gas therefor, or any person or persons owning working interests in the area affected by such order. The supervisor shall, prior to the issuance of each compulsory unit order, schedule a public hearing thereon. Such hearing may embrace all or a portion of those land areas, and the pool or pools, or portions thereof, underlying such areas, which have been theretofore included in one of the repressuring plans referred to in Section 3319 or 3319.1, except those areas, and the pool or pools, or portions lying thereunder, which are currently devoted to repressuring operations pursuant to an approved repressuring plan in accordance with the procedure prescribed in subdivision (a) of Section 3320. Such hearing shall be set not later than 60 days from the date of the filing of such petition. (b) If, after such public hearing and from the evidence adduced therefrom, and from such engineering studies as he may have ordered made and which have been presented and considered at such hearing, or at any prior hearing held for the purpose of considering a repressuring plan, the supervisor finds: 1. That repressuring operations of such pool or pools, or portions thereof, will tend to arrest or ameliorate subsidence; and 2. That compulsory repressuring operations are required by reason of the failure, refusal or inability of the respective parties within the affected area to agree upon and initiate approved repressuring operations; and 3. That subsidence of land overlying or immediately adjacent to such pool or pools is injuring or imperiling valuable buildings, or other improvements, or harbor installations or is interfering with commerce, navigation and fishery, or substantial portions of such lands may be inundated if subsidence continues, thereby endangering life, health, safety, peace, welfare and property; and 4. That unit operation of such pool or pools, or portions thereof, is reasonably necessary to carry out repressuring operations in accordance with the theretofore adopted pressuring plan; and 5. That the creation of the unit is feasible, necessary and justifiable under all conditions affecting the unit at the time of its creation or which can be reasonably anticipated by the supervisor at such time; then the supervisor shall issue an order requiring unit operation of such pool or pools, or portions thereof, on such terms and conditions as may be determined from the evidence to be fair, reasonable, equitable and in conformance with said repressuring plan. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  105. 33210.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may amend the plan and seek approval from the Secretary of the Interior, but only under stated conditions; if it makes a substantial amendment on its own initiative, it must follow an added procedure.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33210. Upon the request of a city, county, or recreation and park district within the zone, upon the request of the National Park Service, or on its own initiative, the conservancy may, after public hearings and findings, and consistent with this division, amend the plan and submit it to the Secretary of the Interior for approval. However, if the conservancy acts on its own initiative to substantially amend the plan, the action shall be subject to the same procedure for obtaining a resolution of intent to comply with the plan from the affected jurisdiction as applied to the original approval of the plan pursuant to Section 507(n)(3)(B) of the National Parks and Recreation Act of 1978 (16 U.S.C. 460kk(n)(3)(B)). The findings shall provide that the amendments to the plan will not adversely affect the health, safety, or welfare of persons residing in the zone or of persons using the facilities located within the zone. (Amended by Stats. 1981, Ch. 999, Sec. 4. Effective September 29, 1981.)
  106. 33211.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy may accept gifts and grants, hire professional services, take other necessary actions, and sue or be sued.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33211. The conservancy may: (a) Accept any gifts, donations, or bequests from individuals, corporations, or organizations, or accept grants of funds from private or public agencies. A gift of personal property otherwise required to be approved by the Director of Finance pursuant to Section 11005 of the Government Code is deemed approved, unless it is disapproved within 60 days of receipt of a request from the executive director of the conservancy to approve the gift. A gift of real property shall be submitted by the executive director to the Department of General Services for its review. The Department of General Services shall complete its review within 30 days of receipt of a completed request and shall transmit the request for approval to the Director of Finance within that period. Unless the gift of real property is disapproved by the Director of Finance within 30 days of its receipt of the request, the gift is deemed approved pursuant to Section 11005 of the Government Code. (b) Contract for professional services required by the conservancy or for the performance of work and services which in its opinion cannot satisfactorily be performed by its officers and employees or by other federal, state, or local governmental agencies. (c) Do any and all other things necessary to carry out the purposes of this division. (d) Sue and be sued. (Amended by Stats. 1983, Ch. 1280, Sec. 3.)
  107. 33211.5.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy must post opening and closing hours, manage closures and use restrictions, and reopen closed property once the emergency or danger ends.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33211.5. (a) The following conditions of use apply to property owned or subject to the management of the conservancy: (1) Opening and closing hours shall be posted on any property upon which public use is permitted. (2) Property may be closed to public use only when fire, mudslide, landslide, or flood dangers pose a substantial risk of injury or loss of life, or when a federal, state, or local disaster or emergency declaration has been made by an authorized person or public agency, or where there is an emergency or potential emergency situation of a temporary nature that involves substantial risk or potential risk to life or property, and the temporary closure or restriction of access is necessary to protect the public health and safety. Any property closed shall be reopened as soon as the fire, mudslide, landslide, or flood dangers no longer pose a danger of injury or loss of life, or when a federal, state, or local disaster or emergency declaration is no longer in effect, or where there is no longer an emergency or potential emergency situation of a temporary nature that involves substantial risk or potential risk to life or property. (3) Vehicles shall park only in designated areas and may not be operated off of roads or other areas designated for vehicle use. All vehicle use, including bicycles, shall conform to posted signs. (b) Trails, campsites, and other public use areas on property owned or subject to the management of the conservancy shall be designated and posted with prohibited activities and use restrictions clearly indicated, including, but not limited to, the prohibition or restriction of smoking, fires, fireworks, animals, possession of dangerous weapons, or other activities that affect the safety of visitors, campers, trail users, or the natural or historic resources of the property. (c) Determining and posting conditions of use pursuant to subdivisions (a) and (b) may not be considered the adoption of regulations within the meaning of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (d) (1) The conditions of use and types of uses of property owned or subject to the management of the conservancy are considered to be of statewide significance. The types of uses and the management policies affecting those uses shall be consistent with the policies for permitted uses of lands within the state park system. (2) Notwithstanding any other law, ordinance, rule, or regulation, the conservancy may exercise its discretion in determining whether to authorize any license, permit for special use, easement, project, activity, or other entitlement to be undertaken by the conservancy or its agents, for the use of conservancy owned or managed land. This subdivision shall not be construed to restrict the authority of the conservancy to lease lands consistent with the purposes of this division and the requirements of Section 33206. (Amended by Stats. 2002, Ch. 595, Sec. 2. Effective January 1, 2003.)
  108. 33211.6.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    It is a misdemeanor to dump refuse, damage conservancy property or natural features, or violate posted use conditions on conservancy property, with limited permit and sentencing exceptions.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33211.6. (a) Dumping any refuse matter, except by permit signed by the executive director or the executive director’s authorized representative, on property owned or managed by the conservancy, and posted against that dumping, shall be a misdemeanor punishable by a fine of not more than one thousand five hundred dollars ($1,500), or imprisonment in the county jail for not more than six months, or both that fine and imprisonment. (b) Injuring, defacing, or destroying any property owned or managed by the conservancy or any of the natural features thereof, shall be a misdemeanor punishable by a fine of not more than one thousand five hundred dollars ($1,500), or imprisonment in the county jail for not more than six months, or both that fine and imprisonment. (c) Violation of the posted conditions of use on any property owned or managed by the conservancy is a misdemeanor punishable by imprisonment in the county jail not exceeding 90 days, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, except that at the time a particular action pursuant to this section is commenced, the judge may, considering the recommendation of the prosecuting attorney, reduce the charged offense from a misdemeanor to an infraction. A person convicted of the offense after a reduction shall be punished by a fine of not less than one hundred dollars ($100), nor more than five hundred dollars ($500). (Amended by Stats. 2014, Ch. 536, Sec. 1. (AB 1767) Effective January 1, 2015.)
  109. 33212.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    The conservancy appoints its executive director, who is exempt from civil service and serves at the conservancy’s pleasure.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33212. (a) The executive director of the conservancy shall be exempt from civil service and shall be appointed by, and serve at the pleasure of, the conservancy. The executive director serving on the effective date of the amendments to this section enacted at the 1981–82 Regular Session of the Legislature shall continue to serve until an appointment is made by the conservancy. (b) The executive director shall administer the affairs of the conservancy, employ staff, be responsible to the conservancy for program performance, and shall be considered the head of a department within the meaning of Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code. (c) Notwithstanding any other provision of law, the status and employment of any employee shall not be affected by the appointment of a successor executive director as provided in subdivision (a) until the State Personnel Board has acted under this subdivision. The State Personnel Board shall endeavor to establish such classes of state service as may in its judgment be necessary to ensure that the provisions of this section do not disrupt the essential functions of the conservancy. (Amended by Stats. 1992, Ch. 1304, Sec. 4. Effective January 1, 1993.)
  110. 33213.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    Creates the Santa Monica Mountains Conservancy Advisory Committee, sets its 26-member composition, and requires it to choose officers, carry out listed advisory duties, and operate with a 12-member quorum.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33213. (a) The Santa Monica Mountains Conservancy Advisory Committee is hereby created. The advisory committee consists of 26 members, as follows: (1) Fifteen representatives of local governments from jurisdictions including the Santa Monica Mountains, one of whom shall be appointed by the Mayor of the City of Los Angeles, one of whom shall be appointed by the Board of Supervisors of the County of Los Angeles, one of whom shall be appointed by the City Council of the City of Thousand Oaks, one of whom shall be appointed by the Board of Supervisors of the County of Ventura, one of whom shall be appointed by the City Council of the City of Agoura Hills, one of whom shall be appointed by the City Council of the City of Westlake Village, one of whom shall be appointed by the City Council of the City of Malibu, one of whom shall be appointed by the City Council of the City of Calabasas, one of whom shall be appointed by the City Council of Burbank, one of whom shall be appointed by the City Council of Glendale, one of whom shall be appointed by the City Council of La Canada-Flintridge, one of whom shall be appointed by the City Council of Pasadena, one of whom shall be appointed by the City Council of Sierra Madre, one of whom shall be appointed by the City Council of South Pasadena, and one of whom shall be appointed by the Board of Supervisors of Los Angeles County to represent the unincorporated communities within the jurisdiction of the East Rim of the Valley Trail Corridor, after consultation with the Town Council of Altadena and the Crescenta Valley Town Council. (2) Six public members, two of whom shall be appointed by the Governor, two of whom shall be appointed by the Senate Committee on Rules, and two of whom shall be appointed by the Speaker of the Assembly. (3) One representative of the Rancho Simi Recreation and Park District, to be appointed by the district board of directors. (4) One representative of the Conejo Recreation and Park District, to be appointed by the district board of directors. (5) One representative of the Pleasant Valley Recreation and Park District, to be appointed by the district board of directors. (6) One representative of the City of Santa Clarita, to be appointed by the city council. (7) One representative of the City of Moorpark, to be appointed by the city council. (b) The appointing powers shall make every effort to ensure that the ethnic and racial composition of the advisory committee reflects the racial and ethnic composition of the population of the state. (c) The advisory committee shall select from among its members a chairperson and a vice chairperson. (d) The members of the advisory committee shall serve without compensation, but shall be reimbursed for necessary expenses incurred in the performance of their duties. (e) The advisory committee has the following duties: (1) Propose and review projects for conservancy action and report to the conservancy regarding the conformity of the projects with the plan. (2) Review proposed amendments to the plan. (3) Provide opportunities for public participation. (f) Twelve members of the advisory committee shall constitute a quorum for the transaction of any business of the advisory committee. (Amended by Stats. 2000, Ch. 991, Sec. 3. Effective January 1, 2001.)
  111. 33214.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

    Verify source ↗

    When the conservancy, a city, county, or recreation and park district undertakes a project under Section 33204(a), it must comply with Division 24 of the Health and Safety Code.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33214. The conservancy and any city, county, or recreation and park district, in undertaking any project pursuant to subdivision (a) of Section 33204, shall be subject to the provisions of Division 24 (commencing with Section 33000) of the Health and Safety Code. (Added by Stats. 1979, Ch. 1087.)
  112. 33215.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. )

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    This section establishes the Santa Monica Mountains Conservancy Fund and a separate federal grant account within it.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 3. Establishment and Functions of the Santa Monica Mountains Conservancy [33200 - 33215] ( Chapter 3 added by Stats. 1979, Ch. 1087. ) ## 33215. The Santa Monica Mountains Conservancy Fund is hereby established. Money deposited in the fund pursuant to Sections 33202, 33203, 33204, 33205, and 33206 shall be available for the purposes of this division, upon appropriation therefor by the Legislature. A separate federal grant account shall be established within the fund. Grants received pursuant to Section 507(n) of the National Parks and Recreation Act of 1978 (16 U.S.C. Sec. 460kk(n)) shall be deposited in the separate federal grant account. (Amended by Stats. 1992, Ch. 1304, Sec. 5. Effective January 1, 1993.)
  113. 3322.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

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    The supervisor’s unit-operation order must include specific details about the unit area, repressuring plan, production sharing, financing, committee structure, and start/stop timing. Owners or operators must conduct repressuring operations as a condition of continued production, and the operating committee must appoint a unit operator on time.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3322. An order of the supervisor requiring unit operation, pursuant to Section 3321, may include lands owned by any person as defined in Section 3316.1, and shall contain such provisions as may be necessary or proper to protect, safeguard, and adjust the respective rights and obligations of the persons affected, including but not limited to lessees, operators, independent contractors, lien claimants, owners of mineral rights, royalties, working interests, production payments, mortgages, or deeds of trust. The order shall include: (a) A description of the area embraced, termed the “unit area”; (b) A general statement of the nature of the applicable repressuring plan and the specifications therefor adopted by the supervisor to arrest or ameliorate subsidence to be prescribed in a separate order of the supervisor requiring repressuring operations; (c) That as a condition to the continued production by the owners or operators of oil or gas from such pool or pools, they shall initiate and conduct such repressuring operations as shall be prescribed in a separate order or orders of the supervisor; (d) A formula for the apportionment and allocation of the unit production among and to the several separately owned tracts within the unit area such as reasonably will permit persons otherwise entitled to share in or benefit by the production from such separately owned tracts to produce or receive, in lieu thereof, their fair, equitable and reasonable share of the unit production or other benefits thereof. A separately owned tract’s fair, equitable, and reasonable share of the unit production shall be measured by the value of each such tract for oil and gas purposes and its contributing value to the unit in relation to like values of other tracts in the unit, taking into account acreage, the quantity and quality of oil and gas recoverable therefrom, location on structure, its probable productivity of oil and gas in the absence of unit operations, the burden of operation to which the tract will or is likely to be subjected, or so many of such factors, and such other pertinent engineering geological, or operating factors as may be reasonably susceptible of determination; Pending the adoption of a final formula for apportionment and allocation of unit production as above provided (which final formula must be adopted not later than 18 months from the effective date of the order of the supervisor requiring unit operation), an interim formula may be adopted based upon the gross oil production in the unit area during the calendar year preceding the date of such order of the supervisor, which shall be effective until the adoption of the final formula as above provided. The final formula, when adopted, shall be retroactive to the effective date of the order requiring unit operation and adjustment shall be made in the apportionment and allocation of production during such interim period in accordance with the final formula so adopted. (e) Provisions for financing the unit and the further development and operation of the unit area and the basis, terms, and conditions on which the cost and expense thereof shall be apportioned among and assessed against the tracts and all interests therein, including a detailed accounting procedure governing all charges and credits incident to all operations within the unit. The expense of unit operation shall be chargeable to the separately owned tracts in the same proportion that such tracts share in the unit production, and the expenses chargeable to a tract shall be paid by the person who in the absence of unit operation would be responsible for the expense of developing and operating such tract. Subject to such terms and conditions as to time and rate of interest as may be fair to all concerned, reasonable provisions shall be made in the order for carrying or otherwise financing persons who are unable promptly to meet their financial obligations in connection with the unit repressuring operations, and upon application made prior to the entry of the order, for carrying a nonassenting working interest owner affected by a final order of the supervisor under Section 3321; (f) A provision for the credits and charges to be made in the adjustment among the owners or operators of tracts within the unit area for their respective investments in wells, tanks, pumps, machinery, materials, and equipment contributed to the unit operation by the respective owners or operators. The net amount chargeable against the owner or operator of a separately owned tract shall be considered expenses of unit operation chargeable against such tract; (g) A provision appointing an operating committee to have general overall management and control of the unit, including voting procedures, the conduct of its business and affairs and the operations to be carried on by it for the primary purpose of ameliorating or arresting subsidence, subject to the applicable repressuring plan, the specifications therefor and the unit order adopted by the supervisor. Such operating committee shall be composed of the persons primarily liable for the payment of the expenses of unit operation, or their representatives, which committee shall, within the time specified in the order, appoint a person to be known as the “unit operator,” who shall, under the direction and supervision of the operating committee, be responsible for the management and conduct of the unit operation; (h) A provision specifying the method of voting upon any motion before the operating committee and the majority in number of votes necessary in order to carry a motion; (i) That each vote upon a motion by the operating committee shall have a value corresponding to the percentage of the expense of unit operation borne by the person voting or his principal pursuant to the provisions of subdivision (e) of this section; (j) If the operating committee fails to appoint the unit operator within the time specified in an order issued pursuant to this article, the supervisor shall appoint the unit operator; (k) The time the unit operation shall commence, and the manner in which and the circumstances under which the unit operation shall terminate; (l) Such additional provisions not inconsistent with this article which the supervisor deems appropriate for the accomplishment of the proposed plan of repressuring operations for the purpose of arresting or ameliorating subsidence within the unit area and the protection of all interested parties. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  114. 3322.1.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

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    A unit-creation order does not take effect unless the unitization plan is approved by the required owners and the supervisor makes the required finding.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3322.1. No order of the supervisor creating a unit and prescribing the plan of unitization applicable thereto shall become effective unless and until the plan of unitization has been signed, or in writing ratified or approved, by working interest owners who are entitled to 65 percent of the proceeds of production of oil and gas, prior to the payment of royalties, within the proposed unit area, measured by the production from such area in the calendar year preceding the date of the order of the supervisor creating such unit, and the supervisor has made a finding either in the order creating the unit or in a supplemental order that the plan of unitization has been so signed, ratified or approved by persons owning the required percentage interest in and to the unit area. Where the plan of unitization has not been so signed, ratified or approved by persons owning the required percentage interest in and to the unit area at the time the order creating the unit is made, the supervisor shall, upon petition and notice, hold such additional and supplemental hearings as may be requested or required to determine if and when the plan of unitization has been so signed, ratified or approved by persons owning the required percentage interest in and to such unit area and shall, in respect to such hearings, make and enter a finding of his determination in such regard. In the event persons owning the required percentage interest in and to the unit area have not so signed, ratified or approved the plan of unitization within a period of six months from and after the date on which the order creating the unit is made, the order creating the unit shall cease to be of further force and effect and shall be revoked by the supervisor. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  115. 33220.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 4. Upper Los Angeles River and Tributaries Working Group [33220- 33220.] ( Chapter 4 added by Stats. 2017, Ch. 341, Sec. 1. )

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    This section creates an Upper Los Angeles River and Tributaries Working Group and sets out how it must prepare, submit, and support a revitalization plan.

    ## Public Resources Code - PRC ## DIVISION 23. SANTA MONICA MOUNTAINS CONSERVANCY [33000 - 33220] ( Division 23 added by Stats. 1979, Ch. 1087. ) ## CHAPTER 4. Upper Los Angeles River and Tributaries Working Group [33220- 33220.] ( Chapter 4 added by Stats. 2017, Ch. 341, Sec. 1. ) ## 33220. (a) There shall be within the Santa Monica Mountains Conservancy an Upper Los Angeles River and Tributaries Working Group. The Secretary of the Natural Resources Agency, in consultation with the conservancy, and, to the extent that they wish to consult, the Los Angeles County Board of Supervisors and the City of Los Angeles, shall consider requests from local agency representatives to participate in the working group and may appoint no more than 23 representatives to the working group. A representative appointed to the working group may designate an alternate in his or her place. The working group may include, but need not be limited to, representatives from the conservancy, the County of Los Angeles, the Cities of Burbank, Glendale, La Cañada Flintridge, Los Angeles, Pasadena, San Fernando, and South Pasadena, elected officials of the cities riparian to the Pacoima Wash and Tujunga Wash, and nonprofit organizations serving the Upper Los Angeles River, San Fernando Valley, Pacoima Wash, Tujunga Wash, and Verdugo Wash. (b) On or before June 30, 2020, the working group shall develop, through watershed-based planning methods and community engagement, a revitalization plan for the Upper Los Angeles River, the tributaries of the Pacoima Wash, Tujunga Wash, and Verdugo Wash, the Arroyo Seco, and any additional tributary waterway that the working group determines to be necessary. The revitalization plan shall address the unique and diverse needs of the Upper Los Angeles River, Pacoima Wash, Tujunga Wash, Verdugo Wash, and Arroyo Seco, and the communities through which they pass. The plan shall be consistent with and enhance, and may be incorporated into plans that include, but are not limited to, the County of Los Angeles’ Master Plan. The plan shall include watershed education programs that help the Upper Los Angeles River, Pacoima Wash, Tujunga Wash, Verdugo Wash, and Arroyo Seco communities recognize the value of the waterways and the importance of protecting the river’s watershed resources and its vitality to their communities. The revitalization plan shall require a master planning process that includes community engagement and a prioritization of disadvantaged communities, identified pursuant to Section 39711 of the Health and Safety Code. (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 available 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. An entity receiving funding to implement the revitalization plan shall submit progress reports to the conservancy that include the status of funding. (e) The working group shall submit the revitalization plan to the conservancy for approval. Upon adoption by the conservancy, the revitalization plan shall be considered an amendment to the Watershed and Open Space Plan for the San Gabriel and Los Angeles Rivers. To the extent that the city or county wishes to consider the revitalization plan, the conservancy shall submit the plan for adoption to the Los Angeles County Board of Supervisors for inclusion in the Master Plan of the County of Los Angeles and to the Los Angeles City Council for inclusion into the Los Angeles River Revitalization Master Plan. (f) No later than June 30, 2020, the conservancy shall submit a copy of the plan to the Assembly Committee on Water, Parks, and Wildlife and the Senate Committee on Natural Resources and Water. (Amended by Stats. 2018, Ch. 895, Sec. 1. (SB 1126) Effective September 28, 2018.)
  116. 3323.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

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    The supervisor must give notice of any hearing’s time and place by newspaper publication and by sending notice to the persons covered by Section 3303 in the affected area.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3323. Notice of the time and place of any hearing to be held by the supervisor shall be given by publication in a newspaper of general circulation printed and published in the county in which the subsidence is alleged to be taking place, and notice thereof sent, in the manner prescribed by Section 3303 to the persons mentioned in such section within the area which will be the subject of his order. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  117. 3324.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    At hearings, interested persons may be heard and present oral or written evidence, and they must be sworn.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3324. At hearings all persons interested are entitled to be heard and present evidence, both oral and written. All such persons shall be sworn, and a transcript of the proceedings shall be kept. The procedure to be followed by the supervisor with respect to the administering of oaths, applying for subpoenas for witnesses and for the production of books, records, well logs, production records, and other documents, the taking of depositions, and the penalties attaching for failure to comply with any order of the supervisor or subpoena issued, shall be in the manner as in this division provided. On the request of the supervisor, a hearing officer in the Office of Administrative Hearings may be assigned to assist in conducting the proceedings as provided in Section 11370.3 of the Government Code. The officer, however, shall not make the determination specified in Section 3321. The provisions of Section 3234 prohibiting the giving of testimony as to the contents of records on file shall not apply to this article. All of these records shall be available and may be received in evidence in any public hearing or in any judicial proceeding herein provided for. (Amended by Stats. 2004, Ch. 183, Sec. 288. Effective January 1, 2005.)
  118. 3325.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

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    The supervisor must make and enforce rules and regulations needed to carry out this article or any order issued under 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3325. The supervisor shall make and enforce all rules and regulations necessary or proper to accomplish the purposes of this article or to administer or enforce any order issued pursuant thereto. Such rules and regulations shall be adopted in accordance with the provisions of Chapter 4 (commencing at Section 11370), Part 1, Division 3, Title 2 of the Government Code. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  119. 3326.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    A supervisor may amend a unit-operation order for good cause, but cannot change the oil-and-gas allocation for a separately owned tract unless all adversely affected persons consent.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3326. An order requiring unit operation may be amended for good cause by a subsequent order entered by the supervisor, except that no such order or amendment shall change the percentage of oil and gas allocated to a separately owned tract by the original order except with the consent of all persons who might be adversely affected thereby. Before issuing any such order, he shall make similar findings as are required for an original order, and such new order shall be subject to the same requirements and restrictions that are applicable to an original order. The provisions of this section shall not prohibit the establishment of an interim formula for the apportionment and allocation of unit production pursuant to subdivision (d) of Section 3322. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  120. 3327.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    After a public hearing, the supervisor may order unit operation in a pool or part of a pool that includes a previously established unit area.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3327. Subject to the limitations in this article governing the creation of the unit previously established, the supervisor, by entry of a new order after a public hearing, may require unit operation in a pool, or a portion thereof, which embraces a unit area established by a previous order. Such new order, in providing for allocation of unit production from the enlarged unit area, shall first treat the unit area previously established as a single tract, and the portion of unit production so allocated thereto shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified therefor in the previous order. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  121. 3328.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

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    Unit production allocated to a separately owned tract is treated as if it came from that tract, and the unit operator may have a lien on the tract’s share for unit expenses.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3328. (a) The portion of unit production allocated to a separately owned tract shall be deemed, for all purposes, to have been actually produced from such tract, and operations conducted pursuant to the order of the supervisor shall be deemed for all purposes, to be the conduct of operations for the production of oil and gas from each separately owned tract in the unit area in the fulfillment of all the express or implied obligations, trust or otherwise, of the owner or any person interested in such tract under a lease, or any contract, or any trust or trust obligations applicable to such tract, insofar as they relate to the pool, or pools, or portions thereof, covered by such order. (b) Such unit production shall be distributed among or the proceeds thereof paid to the several persons entitled to share in the production from such separately owned tract in the same manner, in the same proportions, and upon the same conditions that they would have participated and shared in the production or proceeds thereof from such separately owned tract had not said unit been organized. The share of the unit production allocated to each separately owned tract shall be delivered in kind to the persons entitled thereto by virtue of ownership of oil and gas rights therein or by purchase from such owners, subject to the right of the unit operator to a lien thereon for payment of unit expenses pursuant to the order of unitization. (c) Operations carried on under and in accordance with the order of unitization shall be regarded and considered as a fulfillment of and compliance with all of the provisions, covenants, and conditions, express or implied, of the several oil and gas leases, contracts, other agreements or trusts pertaining to the development of lands included within the unit area. Wells drilled or operated on any part of the unit area no matter where located shall, for all purposes, be regarded as wells drilled on each separately owned tract within such unit area. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  122. 3329.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    The unit operator may manage oil and gas development in the unit area, and certain mineral-rights holders must bear unit expenses only up to the amount charged to their interest.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3329. The unit operator shall be authorized on behalf of and for the account of all the respective owners or possessors of the mineral rights within the unit area to supervise, manage and conduct the further development and operations for the production of oil, gas and other hydrocarbon substances from the unit area pursuant to the powers conferred, and subject to the limitations imposed by the provisions of this article and by the order of unitization. The obligation or liability of the lessee or other owners of the mineral rights in the several separately owned tracts for the payment of unit expense shall at all times be several and not joint or collective and in no event shall a lessee or other owner of the mineral rights in the separately owned tract be chargeable with, be obligated or liable, directly or indirectly, for more than the amount apportioned, assessed or otherwise charged to his interest in such separately owned tract pursuant to the order of unitization and then only to the extent of the lien provided for in this section. Subject to the provisions in the order of unitization, the unit operator shall have a lien upon all drilling and production equipment in and to each separately owned tract, and upon the portion of the unit production allocated to the working interest therein, to secure the payment of the amount of the unit expense chargeable to and assessed against such separately owned tract. Such lien may be enforced by the unit operator, as the agent of the respective owners or possessors of the mineral rights within the unit area, as against noncarried working interest owners, in the manner set forth in Section 3330. The interest of the lessee or other person who by lease, contract or otherwise is obligated or responsible for the costs and expenses of developing and operating a separately owned tract for the production of oil, gas and other hydrocarbon substances in the absence of unitization shall be solely responsible for and chargeable with any assessment for unit expense made against such tract. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  123. 3330.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    A unit operator may secure unpaid unit expenses by recording an affidavit and fixing a lien on the debtor’s equipment and allocated production, if required notice and timing rules are met.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3330. When unit expenses incurred by a unit operator on behalf of the unit have not been paid, the unit operator may, in order to secure payment of the amount due the unit operator, fix a lien upon the interest of the debtor in all drilling and production equipment of the debtor on the premises and upon his allocated portion of the unit production as and when produced from the unit area, by filing for record, with the recorder of the county where the property or a portion thereof involved is located, an affidavit setting forth (1) in general terms the kind of materials, tools, equipment or supplies furnished, labor or services performed, or expenditure incurred, and (2) a description of the land involved, the name of the debtor and his interest in the production from the unit area, and (3) the amount which is still due and unpaid, and (4) a statement that at least 20 days prior to the date of the affidavit the unit operator gave written notice to the debtor by registered mail at his last known address, setting forth the information required under subdivisions (1), (2) and (3) above. Any such affidavit shall be filed for record not later than 90 days after the delivery of the property or the completion of the labor or the incurring of the expenditure. The lien shall not be construed as constituting a lien upon real property as such, except as to the recoverable oil and gas lying thereunder, but otherwise shall be of the same nature and subject to foreclosure in the same manner and within the same time as mechanics’ liens. In any case where a unit operator is in possession of the production which is subject to the lien, he may sell such production or so much thereof as may be necessary to satisfy said lien; provided, that he shall hold or arrange for the holding of the proceeds of such sale for appropriate distribution upon the determination of the controversy. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  124. 33300.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [33300 - 33302] ( Chapter 1 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    This division is named the Laird-Leslie Sierra Nevada Conservancy Act and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [33300 - 33302] ( Chapter 1 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33300. This division shall be known, and may be cited, as the Laird-Leslie Sierra Nevada Conservancy Act. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  125. 33301.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [33300 - 33302] ( Chapter 1 added by Stats. 2004, Ch. 726, Sec. 1. )

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    The Legislature makes findings about the Sierra Nevada Region and says a Sierra Nevada Conservancy can help support tourism, resource protection, water and air quality, disaster risk reduction, and related regional goals.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [33300 - 33302] ( Chapter 1 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33301. The Legislature finds and declares all of the following: (a) The Sierra Nevada Region is a globally significant area, including many national and state parks, the highest peaks in the 48 contiguous states, and large, pristine areas that are open for public use. (b) The Sierra Nevada Region is an important part of the state’s economy, providing substantial agricultural products, timber resources, ranching, mining, tourism, and recreation. (c) The Sierra Nevada Region provides drinking water to 75 percent of Californians and nearly all of the water supply for western Nevada. As California’s principal watershed, the region is the critical source of water for urban and rural parts of northern and southern California. (d) In cooperation with local governments, private businesses, nonprofit organizations, tribal organizations, federal agencies, other California state governmental entities, and the public, a Sierra Nevada Conservancy can help do all of the following: (1) Provide increased opportunities for tourism and recreation. (2) Protect, conserve, and restore the region’s physical, cultural, archaeological, historical, and living resources. (3) Aid in the preservation of working landscapes. (4) Reduce the risk of natural disasters, such as wildfires. (5) Protect and improve water and air quality. (6) Assist the regional economy through the operation of the conservancy’s program. (7) Identify the highest priority projects and initiatives for which funding is needed. (8) Undertake efforts to enhance public use and enjoyment of lands owned by the public. (9) Support efforts that advance both environmental preservation and the economic well-being of Sierra residents in a complementary manner. (10) Support efforts that advance climate resilience and equity. (Amended by Stats. 2023, Ch. 70, Sec. 1. (SB 39) Effective January 1, 2024.)
  126. 33302.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [33300 - 33302] ( Chapter 1 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    This section defines key terms used in Division 23.3, including the Board, Conservancy, Fund, local public agency, nonprofit organization, region, subregions, and tribal organization.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [33300 - 33302] ( Chapter 1 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33302. For purposes of this division, the following terms shall apply: (a) “Board” means the Governing Board of the Sierra Nevada Conservancy. (b) “Conservancy” means the Sierra Nevada Conservancy. (c) “Fund” means the Sierra Nevada Conservancy Fund created pursuant to Section 33355. (d) “Local public agency” means a city, county, district, or joint powers authority. (e) “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 whose charitable purposes are consistent with the purposes of the conservancy as set forth in this division. (f) (1) “Region” or “Sierra Nevada Region” means the area lying within the Counties of Alpine, Amador, Butte, Calaveras, El Dorado, Fresno, Inyo, Kern, Lassen, Madera, Mariposa, Modoc, Mono, Nevada, Placer, Plumas, Shasta, Sierra, Siskiyou, Tehama, Trinity, Tulare, Tuolumne, and Yuba, described as the area bounded as follows: (2) On the east by the eastern boundary of the State of California; the crest of the White/Inyo ranges; and State Routes 395 and 14 south of Olancha; on the south by State Route 58, Tehachapi Creek, and Caliente Creek; on the west by the line of 1,250 feet above sea level from Caliente Creek to the Kern/Tulare County line; the lower level of the western slope’s blue oak woodland, from the Kern/Tulare County line to the Sacramento River near the mouth of Seven-Mile Creek north of Red Bluff; the Sacramento River from Seven-Mile Creek north to Cow Creek below Redding; Cow Creek, Little Cow Creek, Dry Creek, and up to the southern boundary of the Pit River watershed where Bear Creek Mountain Road and Dry Creek Road intersect; the southern boundary of the Pit River watershed; the western boundary of the upper Trinity watershed in the County of Trinity; on the north by the boundary of the upper Trinity watershed in the County of Trinity and the upper Sacramento, McCloud, and Pit River watersheds in the County of Siskiyou; and within the County of Modoc, the easterly boundary of the Klamath River watershed; and on the north in the County of Modoc by the northern boundary of the State of California; excluding both of the following: (A) The Lake Tahoe Region, as described in Section 66905.5 of the Government Code, where it is defined as “region.” (B) The San Joaquin River Parkway, as described in Section 32510. (g) “Subregions” means the six subregions in which the Sierra Nevada Region is located, described as follows: (1) The northwest Sierra subregion, comprising the Counties of Shasta, Siskiyou, Tehama, and Trinity. (2) The northeast Sierra subregion, comprising the Counties of Lassen, Modoc, Plumas, and Sierra. (3) The north central Sierra subregion, comprising the Counties of Butte, Nevada, Placer, and Yuba. (4) The south central Sierra subregion, comprising the Counties of Amador, Calaveras, El Dorado, and Tuolumne. (5) The southeast Sierra subregion, comprising the Counties of Alpine, Inyo, Kern, and Mono. (6) The southwest Sierra subregion, comprising the Counties of Fresno, Madera, Mariposa, and Tulare. (h) “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 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. 2023, Ch. 70, Sec. 2. (SB 39) Effective January 1, 2024.)
  127. 3331.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    Supervisor orders under this article bind affected interest holders, and drilling or operating a well in the area must conform to the order.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3331. Any order issued by the supervisor pursuant to this article, from its effective date, shall be binding upon each person owning or claiming any legal or equitable interest in the area which is the subject of such order or in the oil and gas produced or to be produced therefrom or a right to participate in a share of the proceeds thereof. From the effective date of such an order it shall be unlawful for a person to drill, redrill, operate, work on or produce any well within such area otherwise than in conformity with the order. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  128. 3332.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    People affected by a final order of the supervisor may ask for a rehearing within a limited time, and the supervisor must decide promptly.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3332. Within 30 days after the written notice of the entry of a final order of the supervisor, or within such further time as the supervisor may grant for good cause shown, but in no event shall such time be extended more than 60 days from the written notice of entry of such final order, any person affected thereby may file with the supervisor an application for a rehearing in respect to any matter determined by such order, setting forth the particulars in which such order is considered to be objectionable. The supervisor shall grant or deny any such application in whole or in part within 30 days from the date of the filing thereof, and failure to act thereon within such period shall constitute a denial of such application. In the event that a rehearing is granted, notice to such effect shall be given to all persons affected by such order, advising them of the date of such rehearing and of their right to appear and be heard thereon. The date set for any such rehearing shall be not less than 30 days nor more than 60 days from the date the application for rehearing is granted, unless, upon good cause shown, the time is extended by the supervisor, but in no event shall such time be extended more than 90 days from the date such application for rehearing is granted. The supervisor may enter an amended order or a new order after the rehearing as may be required under the circumstances. The provision of Article 6 (commencing with Section 3350) of Chapter 1 of Division 3 relating to appeals and review shall not apply to this article. (Amended by Stats. 1974, Ch. 765.)
  129. 33320.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The Sierra Nevada Conservancy is created as a state agency within the Natural Resources Agency.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33320. There is in the Natural Resources Agency the Sierra Nevada Conservancy, which is created as a state agency to do all of the following, working in collaboration and cooperation with local governments and interested parties: (a) Provide increased opportunities for tourism and recreation. (b) Protect, conserve, and restore the region’s physical, cultural, archaeological, historical, and living resources. (c) Aid in the preservation of working landscapes. (d) Reduce the risk of natural disasters, such as wildfires. (e) Protect and improve water and air quality. (f) Assist the regional economy through the operation of the conservancy’s program. (g) Identify the highest priority projects and initiatives for which funding is needed. (h) Undertake efforts to enhance public use and enjoyment of lands owned by the public. (i) Support efforts that advance both environmental preservation and the economic well-being of Sierra residents in a complementary manner. (j) Support efforts that advance climate resilience and equity. (Amended by Stats. 2023, Ch. 70, Sec. 3. (SB 39) Effective January 1, 2024.)
  130. 33321.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

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    This section sets out how the Sierra Nevada Conservancy board is composed and who appoints or designates its voting members and liaison advisers.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33321. (a) The board shall consist of 13 voting members and three nonvoting liaison advisers, appointed or designated as follows: (1) The 13 voting members of the board shall consist of all of the following: (A) The Secretary of the Natural Resources Agency, or his or her designee. (B) The Director of Finance, or his or her designee. (C) Three public members appointed by the Governor, who are not elected officials, to represent statewide interests. (D) One public member appointed by the Speaker of the Assembly, who is not an elected official, to represent statewide interests. (E) One public member appointed by the Senate Committee on Rules, who is not an elected official, to represent statewide interests. (F) One member for each of the six subregions who shall be a member of the board of supervisors of a county located within that subregion, and whose supervisorial district shall be at least partially contained within the Sierra Nevada Region. Each member shall be selected by the counties within that subregion, according to the following procedure: (i) Each county board of supervisors within a subregion shall select a member of their board to determine, with the selected members of the other counties in the subregion, which member of a board of supervisors within the subregion shall be appointed as a member of the conservancy board. An alternate may be appointed. The appointed member and any alternate shall have at least part of his or her supervisorial district within the subregion. (ii) The initial appointment of a member for each subregion shall be made no later than 60 days after the effective date of this division. A subsequent appointment to a regular term on the board shall be made before the date specified in Section 33322 for the commencement of that term. A vacancy occurring before the end of a term shall be filled for the remainder of the term within 60 days of the vacancy. (iii) If the boards of supervisors of the subregion do not appoint a member to the board within the timeframe specified in clause (ii), the Governor shall appoint one of the supervisors selected in clause (i) to serve as the board member for the subregion. (2) The three nonvoting liaison advisers who serve in an advisory, nonvoting capacity shall consist of all of the following: (A) One representative of the National Park Service, designated by the United States Secretary of the Interior. (B) One representative of the United States Forest Service, designated by the United States Secretary of Agriculture. (C) One representative of the United States Bureau of Land Management, designated by the United States Secretary of the Interior. (b) Appointing powers shall seek to include individuals from a breadth of backgrounds. (c) Two members of the Senate, appointed by the Senate Committee on Rules, and two members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the conservancy and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature. One appointee from each house of the Legislature shall represent a district either partially or wholly within the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302, and one appointee from each house shall represent a district from outside the Sierra Nevada Conservancy boundary, as described in subdivision (f) of Section 33302. (Amended by Stats. 2018, Ch. 499, Sec. 2. (AB 2849) Effective January 1, 2019.)
  131. 33322.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    This section sets term rules for Sierra Nevada Conservancy members and alternates, including different term start/end dates by subregion and a limit that a board member cannot serve after losing an eligibility condition.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33322. Members and alternates, if any, shall serve terms as follows: (a) The members appointed pursuant to subparagraphs (C) to (E), inclusive, of paragraph (1) of subdivision (a) of Section 33321 shall serve at the pleasure of the appointing power. (b) The members and alternates, if any, appointed under subparagraph (F) of paragraph (1) of subdivision (a) of Section 33321 shall serve, as follows: (1) Members and alternates in the northwest Sierra subregion, the north central Sierra subregion, and the southeast Sierra subregion shall have terms beginning on January 1 in an odd-numbered year and ending on December 31 of the following even-numbered year. All terms shall be for two years. (2) Members and alternates in the northeast Sierra subregion, the south central Sierra subregion, and the southwest Sierra subregion shall have terms beginning on January 1 in an even-numbered year and ending on December 31 in the following odd-numbered year. Members and alternates who are initially appointed to the board shall serve for a one-year term for the first year. Subsequent terms shall be for two years. (c) No member of the board, whose appointment to the board was contingent upon meeting a condition of eligibility under this division, shall serve beyond the time when the member ceases to meet that condition. (Amended by Stats. 2023, Ch. 70, Sec. 4. (SB 39) Effective January 1, 2024.)
  132. 33323.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    Some board members are entitled to payment for attending conservancy meetings, and all board members are entitled to reimbursement of actual and necessary expenses.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33323. (a) The voting members appointed or designated under paragraph (1) of subdivision (a) of Section 33321 who are not state employees shall be compensated for attending meetings of the conservancy at the rate of one hundred dollars ($100) per scheduled meeting day. (b) All members of the board shall be reimbursed for their actual and necessary expenses, including travel expenses, incurred in attending meetings of the conservancy and carrying out the duties of their office. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  133. 33324.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The board’s voting members must elect a chairperson, a vice-chairperson, and any other necessary officers every year.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33324. 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. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  134. 33325.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The board needs a quorum to transact business, must adopt business procedures, and certain members and advisers may attend all board meetings, including closed sessions.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33325. (a) Seven members 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 seven of the voting members, and the vote is binding with respect to all matters acted on by the conservancy. (b) The board shall adopt rules, regulations, and procedures for the conduct of business by the conservancy. (c) The voting members of the board appointed or designated pursuant to paragraph (1) of subdivision (a) of Section 33321 and the nonvoting advisers selected pursuant to paragraph (2) of subdivision (a) of Section 33321, shall have the right to attend all meetings of the board, including closed sessions. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  135. 33326.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The board may create advisory boards or committees, hold community meetings, and use advanced technology for public outreach to help decisionmaking. Members of advisory boards or committees may be reimbursed for actual and necessary expenses, including travel, incurred for attending regular meetings.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33326. The board may establish advisory boards or committees, hold community meetings, and engage in public outreach using advanced forms of technology, in order to facilitate the decisionmaking process. Members of advisory boards or committees may be reimbursed for the actual and necessary expenses, including travel expenses, that they incur in attending regular meetings of the advisory board or committee of which they are a member. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  136. 33327.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

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

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33327. The board shall establish and maintain a headquarters office within the region. The conservancy may rent or own real and personal property and equipment pursuant to applicable statutes and regulations. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  137. 33328.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The board must set the qualifications for, appoint, and employ staff for the conservancy, and the executive officer is exempt from civil service.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33328. 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 under this division. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  138. 33329.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The board may contract with private entities and public agencies for consulting and other services needed to carry out the division’s purposes.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33329. 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. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  139. 3333.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    Applicants must file a notice to seek judicial review of a final supervisor order, and both applicants and the supervisor have transcript-related deadlines.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3333. (a) A final order of the supervisor shall be subject to judicial review by filing a petition for a writ of mandate in accordance with the provisions of Chapter 2 (commencing at Section 1084) of Title 1 of Part 3 of the Code of Civil Procedure in the superior court of any county in which all or any part of the area affected is located, except that any such proceedings shall be instituted within 30 days from the date that a certified copy of the transcript of the proceedings before the supervisor has been delivered to the applicant; otherwise, the findings and determination of the supervisor shall be deemed final and conclusive. Any action so filed shall incorporate therein a certified copy of the transcript of the proceedings before the supervisor. (b) Notice of intention to petition the superior court for judicial review shall be filed by the applicant or applicants with the supervisor within 60 days after the entry of the final order complained of or within 60 days following the final disposition of any application for rehearing. The notice must identify the order and state the grounds of objection thereto. Immediately upon the filing of such notice the supervisor shall certify to the applicant or applicants the estimated cost of preparing the transcript of the proceedings before the supervisor. The amount of the estimated cost shall be deposited with the supervisor within 10 days after the mailing of the certification of such cost to the applicant or applicants. Upon the deposit of the cost the supervisor shall order the preparation of the transcript. A certified copy of the transcript shall be delivered to the applicant or applicants within 60 days from the date of the filing of said notice of intention unless such time is extended for good cause by the supervisor, but in no event later than 90 days from the date of filing of such notice. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  140. 33330.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    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 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33330. 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. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  141. 33331.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

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

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33331. The board shall conduct business in accordance with 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). (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  142. 33332.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The board must hold its regular meetings within, or near, the region.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33332. The board shall hold its regular meetings within, or near, the region. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  143. 33333.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The board must post agendas for each board meeting on the Internet on or after January 1, 2006.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 2. Sierra Nevada Conservancy [33320 - 33333] ( Chapter 2 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33333. On or after January 1, 2006, the board shall post agendas for each board meeting on the Internet. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  144. 3334.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    A pending court action or review does not automatically stay an order, but the superior court or another competent court may stay or suspend the order for good cause.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3334. The pendency of actions before the superior court or proceedings for review before any other court of competent jurisdiction of itself shall not stay or suspend the operation of any order; however, the superior court or such other court in its discretion, upon its own motion or upon proper application of any party thereto, may, for good cause, stay or suspend, in whole or in part, the operation of any order pending consideration or review thereof. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  145. 33340.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy’s jurisdiction is limited to the Sierra Nevada Region.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33340. The conservancy’s jurisdiction is limited to the Sierra Nevada Region. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  146. 33341.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy must carry out projects and activities to advance the division’s purposes across the region, and the board must try to spread funding and other efforts fairly across subregions and goal areas over time.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33341. The conservancy shall carry out projects and activities to further the purposes of this division throughout the region. 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. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  147. 33342.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy must cooperate and consult with local governments and certain public water systems when a grant or real property interest is proposed, and it may coordinate with other state agencies as necessary or appropriate.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33342. In carrying out this division, the conservancy shall cooperate with and consult with the city or county where a grant is proposed 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 Resources Agency. The conservancy shall, as necessary and appropriate, cooperate and consult with a public water system that owns or operates facilities, including lands appurtenant thereto, where a grant is proposed or an interest in land is proposed to be acquired. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  148. 33343.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy may give grants or loans and may require repayment, and grant funds are paid only after the recipient signs an agreement. An applicant for a real-property grant must include certain management details in the application.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33343. (a) The conservancy may make grants or loans to public agencies, nonprofit organizations, and tribal organizations in order to carry out the purposes of this division, including grants or loans provided to acquire an interest in real property, including a fee interest in that property. Grant or loan funds shall be disbursed to a recipient entity only after the entity has entered into an agreement with the conservancy, on the terms and conditions specified by the conservancy. After approving a grant, the conservancy may assist the grantee in carrying out the purposes of the grant. (b) When awarding grants or making loans pursuant to this division, the conservancy may require repayment of those funds on the terms and conditions it deems appropriate. Proceeds from the repayment or reimbursement of amounts granted or loaned by the conservancy shall be deposited in the fund. (c) 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 management will be funded. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  149. 33344.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    When grant funds are used to help a nonprofit or tribal organization acquire real property, the agreement must impose several resale, title, and approval conditions.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33344. In the case of a grant of funds to a nonprofit organization or tribal organization to acquire an interest in real property, including, but not limited to, a fee interest, the agreement between the conservancy and the recipient nonprofit organization shall require all of the following: (a) The purchase price of an interest in real property acquired by the nonprofit organization shall not exceed fair market value as established by an appraisal approved by the conservancy. (b) The terms under which the interest in real property is acquired shall be subject to the conservancy’s approval. (c) An interest in real property to be acquired under the grant shall not be used as security for a debt unless the conservancy approves the transaction. (d) The transfer of an interest in the real property shall be subject to approval of the conservancy, and a new agreement sufficient to protect the public interest shall be entered into between the conservancy and the transferee. (e) A deed or instrument by which the nonprofit organization acquires an interest in real property under the grant shall include a power of termination on the part of the state, subject to the requirements of Chapter 5 (commencing with Section 885.010) of Title 5 of Part 2 of Division 2 of the Civil Code. The deed or instrument shall provide that the state may exercise the power of termination by notice in the event of the nonprofit organization’s violation of the purpose of the grant through breach of a material term or condition thereof, and that, upon recordation of the notice, full title to the interest in real property identified in the notice shall immediately vest in the state, or in another public agency or a nonprofit organization designated by the conservancy to which the state conveys or has conveyed its interest. (f) A deed or instrument by which the nonprofit organization acquires an interest in real property under the grant shall provide that the conveyance is subject to a remainder interest vested in the state. If the existence of the nonprofit organization is terminated for any reason, the conservancy may require that the remainder shall become a present interest and that full title to the real property shall vest in the state, or in another public agency or a nonprofit organization designated by the conservancy to which the state conveys or has conveyed its interest. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  150. 33345.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy must adopt project and program guidelines, run strategic planning meetings and workshops in each subregion, and update the strategic program at least every five years.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33345. The conservancy shall adopt guidelines setting priorities and criteria for projects and programs, based upon its assessment of program requirements, institutional capabilities, and funding needs throughout the region, and federal, state, and local plans, including general plans, recreation plans, urban water management plans, and groundwater management plans. As part of the process of developing guidelines for projects and programs, the conservancy shall undertake and facilitate a strategic program planning process involving meetings and workshops within each of the subregions, with the purpose of formulating strategic program objectives and priorities within that subregion. The strategic program shall be updated regularly, at least once every five years. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  151. 33345.1.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy must coordinate on the program, may test new approaches for it, and must report the program’s activities in its annual report.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33345.1. (a) The Sierra Nevada Watershed Improvement Program is hereby established, to be administered by the conservancy, 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 33301. In implementing this program, the conservancy shall coordinate and collaborate with other state agencies, federal agencies, and local entities and stakeholders. (b) In implementing the program, notwithstanding Section 33341, 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) The conservancy shall include the activities of the program in its annual report required pursuant to Section 33350. (d) This section shall not be construed as requiring the Legislature to appropriate additional funds. (Added by Stats. 2018, Ch. 499, Sec. 3. (AB 2849) Effective January 1, 2019.)
  152. 33346.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy may spend funds, award grants and loans, and provide technical and nonfinancial assistance. A recipient of a grant or loan for real property acquisition must manage the property as required by the grant agreement.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33346. (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. (c) The recipient of a grant or loan provided by the conservancy pursuant to this division for the acquisition of real property shall provide for the management of the real property to be acquired as specified in the grant agreement. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  153. 33346.5.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy may apply for and receive grants to carry out this division’s purposes.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33346.5. The conservancy may apply for and receive grants to carry out the purposes of this division. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  154. 33347.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy may acquire real property interests from willing sellers or transferors for division purposes, but it may not buy a fee interest or use eminent domain.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33347. (a) The conservancy may acquire from willing sellers or transferors, an interest in any real property, in order to carry out the purposes of this division. However, the conservancy shall not acquire a fee interest in real property by purchase. (b) The acquisition of an interest in real property under this section is not subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), unless the value of the interest exceeds two hundred fifty thousand dollars ($250,000) per lot or parcel, as adjusted for annual changes to the Consumer Price Index for the State of California, as calculated by the Department of Finance. However, the conservancy may request the State Public Works Board to review and approve specific acquisitions. (c) The conservancy shall not exercise the power of eminent domain. (Amended by Stats. 2005, Ch. 227, Sec. 4. Effective January 1, 2006.)
  155. 33348.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy may transfer certain real property interests it acquired under this division, subject to conditions that further its purposes.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33348. Notwithstanding Section 11005.2 of the Government Code or any other provision of law, the conservancy may lease, rent, sell, exchange, or otherwise transfer, an interest, option, or contractual right in real property, as well as a vested right severable therefrom, that has been acquired under this division, to a person or entity, subject to terms and conditions in furtherance of the conservancy’s purposes. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  156. 33349.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy must take reasonably necessary actions to manage lands it owns or controls, and it may make agreements and carry out improvement, restoration, planning, and design work for those lands.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33349. (a) The conservancy shall take whatever actions are reasonably necessary and incidental to the management of lands or interests in lands under its ownership or control, and may initiate, negotiate, and participate in agreements for the management of those lands or interests with public agencies or private individuals or entities. (b) The conservancy may improve, restore, or enhance lands for the purpose of protecting the natural environment, improving public enjoyment of or public access to public lands, or to otherwise meet the objectives of this division, and may carry out the planning and design of those improvements or other measures. (c) 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. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  157. 3335.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    If judicial review and appeal time limits have passed, the supervisor may order oil or gas production by noncomplying owners or operators to stop or be reduced until they comply with the unit order.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3335. If an action for judicial review has not been commenced within the time prescribed for such action, or, if filed, the time within which to process an appeal by the petitioner from any judgment or order rendered therein has expired, or if such an appeal has been timely perfected and there has been an affirmance of such judgment or order, the supervisor may order that the production by noncomplying owners or operators of oil or gas from any pool or pools or portions thereof cease or be curtailed until such noncomplying owners or operators comply with said unit order. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  158. 33351.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy may use funds to conduct research and monitoring for the program administered under this division.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33351. The conservancy may expend funds under this division to conduct research and monitoring in connection with development and implementation of the program administered under this division. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  159. 33352.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy may accept gifts, donations, grants, and similar funds or property interests, and it must deposit all money or income it receives into the fund for this division.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33352. (a) The conservancy may receive gifts, donations, bequests, devises, subventions, grants, rents, royalties, and other assistance and funds from public and private sources. (b) Except as provided in Section 33347, the conservancy may receive an interest in real or personal property through transfer, succession, or other mode of acquisition generally recognized by law. (c) All funds or income received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division. (Amended by Stats. 2005, Ch. 227, Sec. 5. Effective January 1, 2006.)
  160. 33353.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy may charge a fee for a direct service if the service was requested by the recipient, but the fee cannot exceed the conservancy’s reasonable costs and expenses, and any fees collected must be deposited in the fund for this division.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33353. The conservancy may fix and collect a fee for a direct service it renders, provided the service is rendered at the request of the individual or entity receiving the service. The amount of a fee shall not exceed the conservancy’s reasonable costs and expenses of providing the service rendered. All fees received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  161. 33354.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    Proceeds from certain real property transactions, and all other income, must be deposited in the fund for expenditure for the purposes of this division.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33354. Proceeds from a lease, rental, sale, exchange, or transfer of an interest or option in real property, and all other income, shall be deposited in the fund for expenditure for the purposes of this division. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  162. 33355.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The Sierra Nevada Conservancy Fund is created in the State Treasury, and its money may be used only for this division’s purposes after legislative appropriation.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33355. The Sierra Nevada 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. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  163. 33356.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. )

    Verify source ↗

    The conservancy is not given city/county land-use powers, powers to regulate land activities (except in limited owner-authorized situations), or powers over water rights held by others.

    ## Public Resources Code - PRC ## DIVISION 23.3. SIERRA NEVADA CONSERVANCY [33300 - 33356] ( Division 23.3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## CHAPTER 3. Powers, Duties, and Limitations [33340 - 33356] ( Chapter 3 added by Stats. 2004, Ch. 726, Sec. 1. ) ## 33356. Nothing in this division grants to the conservancy: (a) Any of the powers of a city or county to regulate land use. (b) Any powers 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) Any powers over water rights held by others. (Added by Stats. 2004, Ch. 726, Sec. 1. Effective January 1, 2005.)
  164. 3336.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    The supervisor may hold a hearing to set the exterior boundaries for the lands in Section 3317, and must do so if an interested person applies. After the hearing, the supervisor must issue an order if the lands qualify, and may hold further hearings and change the boundaries by order if necessary.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3336. The supervisor upon his own motion may, or shall upon the application of any interested person, hold a public hearing for the purpose of determining and establishing the exterior boundaries encompassing the lands referred to in Section 3317. If, after a public hearing and from the evidence adduced therefrom, the supervisor determines that the lands, or a portion thereof, come within the category of those lands referred to in Section 3317, he shall adopt an order fixing and establishing the exterior boundaries thereof. The supervisor shall retain jurisdiction in this regard, and shall, if it be made to appear necessary, hold further hearings for the purpose of determining whether the boundaries previously established should be enlarged or otherwise altered. Any such change or alteration in said boundaries shall be made by order of the supervisor. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  165. 3337.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    The division must oversee all repressuring operations in the state.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3337. The division shall exercise surveillance over all repressuring operations in the state. (Repealed and added by Stats. 1975, Ch. 1049.)
  166. 3341.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    After oil and gas production ends and efforts to obtain production are abandoned, an interested municipal corporation or other public agency may use eminent domain to acquire certain oil production properties or facilities needed to maintain pressures that help arrest or reduce subsidence.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3341. At the termination of oil and gas production from a unit area established or approved pursuant to this article and the abandonment of attempts to obtain production therefrom, any interested municipal corporation or other public agency may acquire by eminent domain, in the manner provided by law for the condemnation of property for public use by the state, municipal corporation or other public agency, such oil production properties or facilities within the unit area as such municipal corporation or other public agency may deem necessary or essential to the maintenance of such pressures as will continue to arrest or ameliorate subsidence. (Amended by Stats. 1975, Ch. 1240.)
  167. 3342.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section says unitization-related orders can modify leases, contracts, rights, and obligations as needed, but do not extend lease terms or transfer land title just because the article applies.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3342. To the extent necessary to conform to the provisions and requirements of this article, and to any order of unitization or other order, rule or regulation of the supervisor, made and adopted pursuant hereto, all leases, contracts, and all other rights and obligations shall be regarded as modified and amended, but otherwise to remain in full force and effect. Nothing contained in this article shall be construed to extend the term of any lease or other agreement. Nothing contained in this article shall be construed to require a transfer to or vesting in the unit operator, or in persons other than those owning the same at the time of the creation of the unit, of title to the separately owned tracts or to any leases or other drilling and operating agreements thereon within the unit area, other than the right to use and operate the same to the extent set out in the order of unitization; nor shall the unit operator or the working interest owners jointly be regarded as owning the unit production. Each respective share of the unit production and the proceeds from the sale thereof shall be severally owned by the persons to whom the same is allocated pursuant to the order of unitization. All property, whether real or personal, which the unit operator may in any way acquire, hold or possess, the cost of which is chargeable to the working interest owners, shall not be acquired, held or possessed for the unit operator for his own account but shall be so acquired, held and possessed by the unit operator for the account of and as agent for each of the several working interest owners and shall be the property of each of such persons as their respective interests may appear under the order of unitization, subject, however, to the right of the unit operator to the possession, management, use or disposal of the same in the proper conduct of the affairs of the unit, and subject to any lien the unit operator may have thereon to secure the payment of unit expense. No unit order made by the supervisor shall be construed to have the effect of, result in, or in any manner require or provide for the alienation, transfer, conveyance or change of any title or ownership, whether legal or equitable, of any person in or to any separately owned tract of land included in the said order, or to the mineral rights therein, to any other person owning or possessing a separately owned tract of land which may likewise be included in said unit order. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  168. 3343.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    Violating this article or the supervisor’s orders can trigger a $1,000 penalty per violation and per day, and knowingly helping someone else violate it carries the same penalty.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3343. (a) Any person who willfully violates any provision of this article or any rule, regulation or order of the supervisor, shall be subject to a penalty of one thousand dollars ($1,000) for each act of violation and for each day that the violation continues. (b) The penalty provided in this section shall be recoverable by suit filed by the Attorney General in the name and on behalf of the supervisor in the superior court of the State of California for the county in which the defendant resides, or in which any defendant resides, if there is more than one defendant, or in the superior court of any county in which the violation occurred. The payment of the penalty shall not operate to relieve a person on whom the penalty is imposed from liability to any other person for damages arising out of the violation. The penalty, when recovered, shall be paid to the State Treasurer and shall be deposited to the credit of the Oil, Gas, and Geothermal Administrative Fund. (c) Any person knowingly aiding or abetting any other person in the violation of any provision of this article, or any rule, regulation or order of the supervisor shall be subject to the same penalty as that prescribed by this section for the violation by the other person. (Amended by Stats. 2003, Ch. 240, Sec. 14. Effective August 13, 2003.)
  169. 3344.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    The supervisor may sue to stop violations, and affected persons may sue if the supervisor does not act within 10 days after a written request. The court may issue preliminary or final injunctions. Damages suits are generally barred, with narrow exceptions.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3344. (a) Whenever it appears that any person is violating or threatening to violate any provision of this article, or any rule, regulation or order of the supervisor, the supervisor may bring suit against the person in the superior court of any county where the violation occurs or is threatened, to restrain the person from continuing the violation or from carrying out the threat of violation. Upon the filing of the suit, summons issued to the person may be directed to the sheriff or his or her deputies. In the suit, the court has jurisdiction to grant to the supervisor such prohibitory and mandatory injunctions either preliminary or final as the facts may warrant. (b) If the supervisor fails to bring suit to enjoin a violation or threatened violation of any provision of this article, or any rule, regulation or order of the supervisor within 10 days after receipt of written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit in the person’s own behalf to restrain the violation or threatened violation in any court in which the supervisor might have brought suit. If in the suit, the court should hold that injunctive relief should be granted, then the supervisor shall be made a party and shall be substituted for the person who brought the suit, and the injunction shall be issued as if the supervisor had at all times been the plaintiff. (c) No civil action for damages shall lie against any person for the violation of this article or any rule, regulation or order of the supervisor, except against an owner of the working interest, and particularly no such suit or action shall lie against any lessor, royalty owner, contractor or purchaser of the oil and gas, and no such suit or action shall lie against an owner of the working interest, except suits or actions for damages occurring subsequent to the entry of an order or decision of the supervisor which result from a failure to comply with the order or decision. (d) If the supervisor brings a suit or action pursuant to this article, no defendant or intervenor shall be permitted to cross-complain or otherwise bring an action in the same proceeding against any other person for damages or for any other purpose. (Amended by Stats. 1982, Ch. 517, Sec. 350.)
  170. 3345.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    Findings or determinations made by the supervisor or by a court in related enforcement/review proceedings cannot be used as evidence or made binding in other unrelated proceedings.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3345. No finding or determination made by the supervisor under the provisions of this article or by any court in proceedings involving the enforcement or review of the orders of the supervisor shall be received in evidence or be binding upon any person in any other proceeding not directly related to the making, enforcement or review of the orders of the supervisor under this article. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  171. 3346.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    This section says this article overrides any conflicting laws or grant provisions about tide and submerged lands.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3346. The provisions of this article shall supersede any conflicting provisions contained in any legislative grant of tide and submerged lands, or in any law amendatory or supplemental thereto, or any other laws affecting such granted lands. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  172. 3347.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. )

    Verify source ↗

    If part of this article is found unconstitutional or invalid, the rest of the article stays valid.

    ## 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 5.5. Subsidence [3315 - 3347] ( Article 5.5 added by Stats. 1958, 1st Ex. Sess., Ch. 73. ) ## 3347. If any section, subsection, subdivision, sentence or clause of this article is adjudged to be unconstitutional or invalid, such adjudication shall not affect the validity of the remaining portion of this article. It is hereby declared that this article would have been passed, and each division, section, subsection, subdivision, sentence or clause thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences or clauses might be adjudged to be unconstitutional, or for any other reason invalid. (Added by Stats. 1958, 1st Ex. Sess., Ch. 73.)
  173. 3350.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    An operator may appeal an order by filing a written notice with the director within 10 days, and emergency orders must still be followed unless they are stayed or modified on 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. ) ## 3350. (a) The operator of a well or a production facility to whom the supervisor or district deputy has issued an order pursuant to this chapter may file a notice of appeal from that order. The notice of appeal shall be in writing and shall be filed with the director. The operator shall file the appeal within 10 days of the service of the order, or within 10 days of the posting of a copy of an order made pursuant to Section 3308. Failure of the operator to file an appeal from the order within the 10-day period shall be a waiver by the operator of its rights to challenge the order. If the order, other than an order made pursuant to Section 3308, is served by mail, the time for responding shall be determined as provided in Section 1013 of the Code of Civil Procedure. (b) (1) The filing of a written notice of appeal shall operate as a stay of the order, except when an order is issued as an emergency order pursuant to Section 3226. If the order is an emergency order, the operator shall immediately perform whatever work is required by the order to alleviate the emergency or shall permit the agents appointed by the supervisor to perform that work. If the order is an emergency order to cease injection, then the operator shall cease injection as soon as it is safe to do so. (2) If an emergency order is set aside or modified on appeal, the supervisor shall refund the reasonable costs incurred by the operator for whatever work is not required by the set-aside or modified order or shall not impose costs for work performed by the supervisor or the supervisor’s agents if the work is excluded from the modified order or the order is set aside. Only the costs of work performed shall be refunded, and there shall be no reimbursement for lost profits or increased production costs. (3) (A) The costs to be refunded pursuant to paragraph (2) by the supervisor shall be determined in a hearing before the director after the exhaustion of appeals. The operator shall have the burden of proving the amount of costs to be refunded. (B) A determination by the director as to the amount of costs to be refunded pursuant to paragraph (2) may be appealed by the operator pursuant to subdivision (a) of Section 3354. (4) If the operator believes that it will be irretrievably injured by the performance of the work required to alleviate the emergency pending the outcome of the appeal, the operator may seek an order from the appropriate superior court restraining the enforcement of the order pending the outcome of the appeal. (Amended by Stats. 2016, Ch. 274, Sec. 4. (AB 2756) Effective January 1, 2017.)
  174. 33500.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. )

    Verify source ↗

    The Legislature declares that specified Coachella Valley mountain and conservation lands contain important resources and should be held in trust for present and future generations.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33500. The Legislature hereby finds and declares that the mountains and natural community conservation lands of the Coachella Valley in Riverside County contain unique and important open-space, wildlife, scenic, environmental, anthropological, cultural, scientific, educational, and recreational resources that should be held in trust for the enjoyment of, and appreciation by, present and future generations. (Amended by Stats. 1999, Ch. 419, Sec. 1. Effective January 1, 2000.)
  175. 33501.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. )

    Verify source ↗

    This section creates the Coachella Valley Mountains Conservancy as a state agency and states its conservation purposes.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33501. The Coachella Valley Mountains Conservancy is hereby created as a state agency within the Resources Agency to acquire and hold, in perpetual open space, mountainous lands surrounding the Coachella Valley and natural community conservation lands within the Coachella Valley, and to provide for the protection of wildlife resources on, and the public’s enjoyment of, and the enhancement of their recreational and educational experiences on, those lands in a manner consistent with the protection of the lands and the resource values specified in Section 33500. (Amended by Stats. 1999, Ch. 419, Sec. 2. Effective January 1, 2000.)
  176. 33502.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. )

    Verify source ↗

    The conservancy’s governing board may adjust the conservancy boundary within a 500-yard limit, if the change includes adjacent lands with specified resource values.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33502. (a) The territory of the conservancy consists of that portion of Riverside County bounded by a line commencing at the intersection of the highest elevation of the San Jacinto Mountains and the range line common to Range 2 East and Range 3 East, S.B.M., in the vicinity of the western limits of the Sonoran Desert; thence north along that range line to its intersection with the San Bernardino-Riverside County boundary, thence east along the San Bernardino-Riverside County boundary to its intersection with the highest elevation of the Little San Bernardino Mountains; thence meandering southeast and east along the points of highest elevation of the Little San Bernardino Mountains, the Cottonwood Mountains, and the Eagle Mountains to the point of intersection with the range line common to Range 12 East and Range 13 East, S.B.M.; thence south along that range line to its intersection with the township line common to Township 5 South and Township 6 South, S.B.M.; thence east along that township line to its intersection with the range line common to Range 13 East and Range 14 East, S.B.M.; thence south along that range line to its intersection with the boundary of the Chocolate Mountains Aerial Gunnery Range; thence west and south along the boundary of the Chocolate Mountains Aerial Gunnery Range to its intersection with the Imperial-Riverside County boundary; thence west along the Imperial-Riverside County boundary to its intersection with the highest elevation of the Santa Rosa Mountains; thence meandering northwest and north along the points of highest elevation of the Santa Rosa and San Jacinto Mountains to the point of beginning; and as more specifically set forth in that certain map entitled “Coachella Valley Mountains Conservancy” and dated ____ 1999, and placed on file with the Secretary of State, which map is incorporated in this subdivision by this reference. (b) The governing board of the conservancy may adjust the boundary delineating the territory of the conservancy, but not by more than 500 yards from the boundary as mapped pursuant to subdivision (a), to embrace within the conservancy adjacent lands that have any of the resource values specified in Section 33500. Any adjustment in the boundary shall be reflected in a revision to the map specified in subdivision (a), which revision shall be promptly filed with the Secretary of State. (Amended by Stats. 1999, Ch. 419, Sec. 3. Effective January 1, 2000.)
  177. 33503.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy’s governing board has 20 voting members, and certain members may designate alternates or executive staff to vote and perform duties when they are absent.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33503. (a) The governing board of the conservancy consists of the following 20 voting members: (1) The mayor or a member of the city council of each of the Cities of Cathedral City, Coachella, Desert Hot Springs, Indian Wells, Indio, La Quinta, Palm Desert, Palm Springs, and Rancho Mirage, appointed by a majority of the membership of the respective city council of each city. (2) The Chairperson of the Tribal Council of the Agua Caliente Band of Cahuilla Indians. (3) One member of the Board of Supervisors of the County of Riverside, appointed by a majority of the membership of the board of supervisors. (4) Three members chosen from the general public who reside within the conservancy’s territory, one 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. (5) The Secretary of the Natural Resources Agency. (6) The Director of Fish and Wildlife. (7) The Executive Director of the Wildlife Conservation Board. (8) The Director of Parks and Recreation. (9) The Director of Finance. (10) The Vice President, Division of Agriculture and Natural Resources, of the University of California. (b) Any state official who is a member of the governing board and whose principal office is not within the territory of the conservancy may designate a member of his or her executive staff to vote on his or her behalf and otherwise discharge the duties of the member when the member is not in attendance. Notice of that designation shall be promptly communicated in writing to the chairperson of the conservancy. (c) Each city council, the Tribal Council of the Agua Caliente Band of Cahuilla Indians, and the Board of Supervisors of the County of Riverside may appoint an alternate member from its respective entity to attend the governing board meetings and vote on behalf of the appointed member and otherwise discharge the duties of the member when that member is not in attendance. Notice of the designation shall be promptly communicated in writing to the chairperson of the conservancy. (Amended by Stats. 2018, Ch. 742, Sec. 18. (SB 1493) Effective January 1, 2019.)
  178. 33505.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. )

    Verify source ↗

    Board member terms, vacancy fill timing, and certain residency or office-change limits are set for the conservancy governing board.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33505. (a) The term of each voting member of the governing board shall be two years and until his or her successor is appointed. Any vacancy shall be filled within 60 days of its occurrence by the appointing authority. (b) Notwithstanding subdivision (a), no supervisor, mayor, or member of a city council shall hold office on the governing board of the conservancy for more than 60 days after ceasing to be that supervisor, mayor, or member of the city council, respectively, and the membership on the board held by that person terminates upon the expiration of that 60-day period. However, any mayor who immediately resumes the office of member of the city council, and any member of a city council who becomes mayor, has not ceased to hold office for the purposes of this subdivision. (c) The seat of any general public member shall be deemed vacant upon the member’s ceasing to be a resident of the conservancy’s territory, and the membership on the board held by that person shall terminate upon the appointment of his or her successor or the expiration of a period of 60 days after ceasing to be a resident, whichever occurs first. (Added by Stats. 1990, Ch. 977, Sec. 1.)
  179. 33506.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. )

    Verify source ↗

    The voting members of the conservancy’s governing board must elect a chairperson, vice chairperson, and any other necessary officers.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33506. The voting members of the conservancy’s governing board shall elect a chairperson, vice chairperson, and other officers as determined to be necessary, from among the persons designated in paragraphs (1), (2), (3), and (4) of subdivision (a) of Section 33503, to serve for one-year terms. (Amended by Stats. 1992, Ch. 676, Sec. 2. Effective January 1, 1993. Operative January 1, 1994, pursuant to Sec. 13 of Ch. 676, as amended by Stats. 1993, Ch. 1286, Sec. 6.)
  180. 33507.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. )

    Verify source ↗

    The conservancy board needs a quorum, and official actions generally require a quorum plus recorded majority votes.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33507. A majority of the members appointed to the governing board of the conservancy shall constitute a quorum, and, except as provided in subdivision (b) of Section 33702, no official action relating to the acquisition of any interest in real property shall be taken by the governing board except in the presence of a quorum and upon the recorded votes of a majority of the members appointed to the governing board. Any official action affecting any matter other than relating to the acquisition of an interest in real property shall be taken by the governing board in the presence of a quorum and upon the recorded votes of a majority of the members appointed to the governing board who are present and voting. (Amended by Stats. 1996, Ch. 963, Sec. 4. Effective September 27, 1996.)
  181. 33508.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. )

    Verify source ↗

    Voting board members may receive board-set compensation and reimbursement for actual and necessary expenses, subject to stated caps and conditions, and any member may waive compensation.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33508. Each voting member of the governing board designated in paragraphs (1), (2), (3), and (4) of subdivision (a) of Section 33503 shall receive compensation in an amount set by the governing board, not to exceed seventy-five dollars ($75) for each day, or portion thereof, and not to exceed four hundred fifty dollars ($450) annually, while attending meetings of the governing board, or, upon authorization by the governing board, while on official business of the conservancy, and to receive the actual and necessary expenses incurred in performing those official duties, if that member does not receive compensation on a full-time basis from another source for discharging the responsibilities of any of the offices designated in paragraphs (1), (2), (3), and (4) of subdivision (a) of Section 33503. Any member may waive compensation. (Amended by Stats. 1992, Ch. 676, Sec. 4. Effective January 1, 1993. Operative January 1, 1994, pursuant to Sec. 13 of Ch. 676, as amended by Stats. 1993, Ch. 1286, Sec. 6.)
  182. 33509.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. )

    Verify source ↗

    The governing board must meet for conservancy business only at locations within the conservancy’s territory.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 1. Establishment and Purposes [33500 - 33509] ( Chapter 1 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33509. (a) Meetings of the governing board are 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) The governing board shall meet to conduct business of the conservancy only at locations within the territory of the conservancy. This subdivision shall not prohibit members of the governing board, including a quorum thereof, from participating in meetings and conferences conducted outside the territory of the conservancy, so long as those members do not engage in taking official actions of the conservancy while participating in those meetings or conferences. (Amended by Stats. 1992, Ch. 676, Sec. 5. Effective January 1, 1993. Operative January 1, 1994, pursuant to Sec. 13 of Ch. 676, as amended by Stats. 1993, Ch. 1286, Sec. 6.)
  183. 3351.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section sets when a hearing must be held for certain appeals and who conducts 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. ) ## 3351. (a) A hearing shall be provided in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code only in an appeal from an order in the following circumstances: (1) Issued pursuant to a Section 3237 finding that the operator’s wells are deserted and should be plugged and abandoned. (2) Imposing civil penalties totaling more than twenty-five thousand dollars ($25,000). (3) Rescinding an entire injection project approval for a project that has already commenced. (4) Imposing a life-of-well bond or a life-of-production facility bond. (b) An order issued pursuant to Section 3225 shall satisfy the substantive requirements of an accusation pursuant to Section 11503 of the Government Code and may be filed when scheduling a formal hearing in accordance with this chapter and Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. All applicable formal hearing deadlines do not commence until a formal hearing is scheduled. When scheduling a formal hearing after an appeal from an order under this chapter, the supervisor is not required to send a Notice of Defense statement and the operator is not required to request a hearing. (c) For an appeal of an order that is not described in subdivision (a), a hearing shall be conducted by the director in accordance with Sections 3352 and 3353. (d) For an appeal of an order that is described in subdivision (a) and is also an emergency order, a hearing shall be conducted by the director in accordance with Sections 3352 and 3353 for the limited purpose of considering the reasonableness of the supervisor’s determination that an emergency exists. All other penalties and requirements imposed by the order shall be considered at a hearing provided in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2016, Ch. 274, Sec. 5. (AB 2756) Effective January 1, 2017.)
  184. 3352.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. )

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    This section sets deadlines and procedures for appeal hearings, including notice to the operator, hearing timing, witness petitions, formal-hearing conversion, and limited recording of hearings.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. ) ## 3352. (a) A hearing conducted by the director shall adhere to the following: (1) When an order is not issued as an emergency order, within 30 days from the date of the service of the notice of appeal, the director shall provide to the operator notice of the time and place of the hearing. The hearing shall take place within 30 days after the date of the director’s notice. The notice shall inform the operator that the director may extend the date of the hearing for up to 60 days for good cause upon his or her own motion, or an application of the operator or the supervisor. (2) When an order has been issued as an emergency order, within 10 days from the date of the service of the notice of appeal, the director shall provide to the operator notice of the time and place of the hearing. The hearing shall take place within 20 days after the date of the director’s notice. The notice shall inform the operator that the director may extend the date of the hearing for up to 30 days for good cause upon his or her own motion, or an application of the operator or the supervisor. (b) The director shall conduct the hearing within the district where the majority of the wells or production facilities that are the subject of the order are located, or the hearing may be conducted at a location outside of that district upon application of the operator. The hearing shall be reported by a stenographic reporter. (c) The notice of hearing shall inform the operator of its right to file a written answer to the charges no later than 10 days before the date of the hearing. The notice also shall inform the operator that it has the right to present oral and documentary evidence at the hearing. (d) Upon a verified and timely petition of the operator, the director may order the testimony of a witness at the hearing. The petition shall be served upon the director and the other party within five days after the filing of an appeal and shall set forth the name and address of the witness whose testimony is requested, to the extent known; a showing of the materiality of the testimony; and a showing that the witness cannot be compelled to testify absent an order of the director. The supervisor may file an opposition to the petition within five days after the petition is served. The director shall either deny or grant the petition within 10 days after receipt of the petition. Upon granting a petition, the director shall issue a subpoena pursuant to Section 3357 compelling the testimony of the witness at the hearing. Obtaining subpoenas may be considered good cause to extend the date of the hearing under paragraph (1) or (2) of subdivision (a). (e) The director may convert a hearing pursuant to this section to a formal hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code in any of the following circumstances: (1) The operator makes a showing satisfactory to the director that the order being appealed is likely to result in termination of an established oil or gas producing or injection operation. (2) It appears to the director that the hearing will involve complex evidentiary or procedural issues that will cause more than minimal delay or burdens. (3) The operator and the supervisor agree and stipulate to convert the hearing to a formal hearing. (f) The conversion of a hearing pursuant to this section to a formal hearing shall be conducted in accordance with Article 15 (commencing with Section 11470.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code. If a hearing for an appeal of an emergency order is converted to a formal hearing, the supervisor shall endeavor to schedule and notice a formal emergency hearing as soon as reasonably possible and, notwithstanding Section 11517 of the Government Code, the director shall only have 30 days from receipt of the administrative law judge’s proposed emergency hearing decision to act as prescribed in subparagraphs (A) to (E), inclusive, of paragraph (2) of subdivision (c) of Section 11517 of the Government Code. (g) The director or his or her designee shall permit inconspicuous personal recording devices to be used by persons during a hearing pursuant to this section to make sound recordings as personal notes of the proceedings. A person proposing to use a recording device shall provide advance notice to the director or his or her designee. The recordings may not be used for any purpose other than as personal notes. (Amended by Stats. 2016, Ch. 274, Sec. 6. (AB 2756) Effective January 1, 2017.)
  185. 3353.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    After a hearing, the director must issue a written decision within 30 days, explain the reasons, file and serve it when complete, and may extend the deadline if the operator agrees.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. ) ## 3353. (a) Within 30 days after the close of a hearing conducted by the director, the director shall issue a written decision affirming, setting aside, or modifying the order from which the appeal was taken. The director’s written decision shall be based upon the preponderance of the evidence and shall set forth the director’s factual findings, legal conclusions, and rationale for the result. The director may extend the 30-day period for issuing the written decision if the extension is agreed to by the operator. (b) The director shall file the written decision with the supervisor and serve it on the operator as soon as the decision is complete, at which time the decision shall be deemed final. The director’s decision shall supersede the order of the supervisor from which the appeal was made. If the director affirms or modifies the order, the director shall retain jurisdiction until the operator completes the work required to be performed by the order. (Repealed and added by Stats. 2010, Ch. 264, Sec. 10. (AB 2453) Effective January 1, 2011.)
  186. 3354.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The operator may seek judicial review of the director’s decision, but must file the petition within 30 days after service of the decision.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. ) ## 3354. (a) Following a hearing conducted by the director pursuant to Sections 3352 and 3353 or subdivision (b) of Section 3350, the operator may obtain judicial review of the decision of the director by filing a petition for writ of administrative mandamus in the superior court of the county where the division’s district office from which the order was issued is located. The operator shall file the petition within 30 days after the date the operator was served with the decision. (b) Following a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the operator may obtain judicial review of the decision pursuant to Section 11523 of the Government Code. (Repealed and added by Stats. 2010, Ch. 264, Sec. 12. (AB 2453) Effective January 1, 2011.)
  187. 3355.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    If an operator seeks judicial review of the director’s decision, the court must decide the case on the record and may not take new evidence.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. ) ## 3355. When an operator seeks judicial review of a decision of the director, including a decision following a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the court shall hear the cause on the record before the director or an administrative law judge. New or additional evidence shall not be introduced in court. The court’s inquiry shall extend to whether the director acted without or in excess of jurisdiction, whether there was a fair hearing, and whether there is any prejudicial abuse of discretion. Abuse of discretion is established if the administrative proceeding has not been conducted in the manner required by law, the decision is not supported by the findings, or the findings are not supported by substantial evidence in light of the whole record. (Repealed and added by Stats. 2010, Ch. 264, Sec. 14. (AB 2453) Effective January 1, 2011.)
  188. 3356.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. )

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    If the operator does not appeal or seek timely judicial review, certain charges and civil penalties become a state tax lien on the operator’s property. The supervisor may also ask the superior court for a clerk’s judgment, and the clerk must enter it immediately.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. ) ## 3356. (a) If the operator does not appeal an order, if the operator does not timely seek judicial review of a decision affirming or modifying an order within the time provided in Section 3354, or if the operator has timely sought and obtained judicial review and the court has affirmed the decision, then any charge, including penalty and interest, that the decision permits the supervisor to impose on the operator for work performed by the supervisor or the supervisor’s agents, and any civil penalties imposed under Section 3236.5 shall constitute a state tax lien against the real and personal property of the operator pursuant to Section 3423. (b) In addition to a state tax lien, the supervisor may apply to the appropriate superior court for a clerk’s judgment. The application, which shall include a certified copy of the final agency order or decision, shall constitute a sufficient showing to warrant the issuance of the judgment. The court clerk shall enter the judgment immediately in conformity with the application. The judgment so entered shall have the same force and effect as, and shall be subject to all the provisions of law relating to, a judgment in a civil action, and may be enforced in the same manner as any other judgment of the court. (Amended by Stats. 2016, Ch. 274, Sec. 7. (AB 2756) Effective January 1, 2017.)
  189. 3357.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. )

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    This section lets the supervisor, director, and their attorney of record use subpoenas, oaths, and inspections in certain proceedings and investigations, and it limits public disclosure of confidential report information.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. ) ## 3357. (a) In any proceeding before the director, and in any proceeding instituted by the supervisor for the purpose of enforcing or carrying out the provisions of this division, or for the purpose of holding an investigation to ascertain the condition of any well or wells complained of, or which in the opinion of the supervisor may reasonably be presumed to be improperly located, drilled, operated, maintained, or conducted, the supervisor and the director shall have the power to administer oaths and may apply to a judge of the superior court of the county in which the proceeding or investigation is pending for subpoenas for witnesses to attend the proceeding or investigation. Upon the application of the supervisor or the director, the judge of the superior court shall assign a case number for the proceeding or investigation, shall issue an order prescribing the nature and scope of the proceeding or investigation, and shall retain jurisdiction for the limited purpose of enforcing subpoenas issued in the proceeding or investigation. Upon the assigning of a case number, the attorney of record for the supervisor or director may issue subpoenas directing witnesses to attend the proceeding or investigation, and those persons shall be required to produce, when directed, all records, surveys, documents, books, or accounts in the witness’ custody or under the witness’ control; except that no person shall be required to attend upon the proceeding unless the person resides within the same county or within 100 miles of the place of attendance. The attorney of record for the supervisor or the director may in that case cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, and may issue subpoenas compelling the attendance of witnesses and the production of records, surveys, documents, books, or accounts at designated places within the limits prescribed in this section. (b) (1) In conducting a proceeding or investigation specified in subdivision (a), the supervisor or director may require an owner or operator to furnish, under penalty of perjury, technical or monitoring reports that the supervisor or director requires. The burden, including costs, of any report shall bear a reasonable relationship to the need for the report and the benefits to be obtained from the report. In requiring a report, the supervisor or director shall explain in writing to the owner or operator the need for the report, and shall identify the rationale that supports requiring that owner or operator to provide the report. (2) When requested by the owner or operator furnishing the report, neither the division nor the department shall make available to the public for inspection portions of a report that might disclose trade secrets, well data granted confidential status pursuant to Section 3234, or other confidential or privileged information. The division or department shall make that confidential or privileged information available to other public agencies as needed for regulatory purposes and in accordance with a written agreement with the other public agency regarding the sharing of the information. (c) In conducting a proceeding or investigation pursuant to subdivision (a), the supervisor or director, or his or her inspector, may inspect the well site or production facilities of any owner or operator to ascertain whether the owner or operator is complying with the requirements of, or authorized by, this division. The inspection shall be made with the consent of the owner or operator or, if consent is withheld, with a warrant duly issued pursuant to the procedure set forth in Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure. In the event of an emergency affecting the public health or safety, an inspection may be performed without consent or a warrant. This subdivision is in addition to any other inspection authority granted or authorized by this division. (Amended by Stats. 2017, Ch. 561, Sec. 204. (AB 1516) Effective January 1, 2018.)
  190. 3358.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. )

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    Witnesses are entitled to receive the fees and mileage fixed by law in civil causes, paid from the Oil, Gas, and Geothermal Administrative Fund.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. ) ## 3358. Witnesses shall be entitled to receive the fees and mileage fixed by law in civil causes, payable from the Oil, Gas, and Geothermal Administrative Fund. (Amended by Stats. 2003, Ch. 240, Sec. 15. Effective August 13, 2003.)
  191. 3359.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. )

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    Failing to obey a supervisor’s or director’s order or subpoena, refusing lawful testimony, missing a noticed hearing, or failing to produce demanded documents is a misdemeanor.

    ## 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 6. Appeals and Review [3350 - 3359] ( Article 6 enacted by Stats. 1939, Ch. 93. ) ## 3359. In case of the failure or neglect on the part of any person to comply with any order of the supervisor or the director, or any subpoena, or upon the refusal of any witness to testify to any matter regarding which he may lawfully be interrogated, or upon refusal or neglect to appear and attend at any proceeding or hearing on the day specified, after having received a written notice of not less than 10 days prior to such proceeding or hearing, or upon his failure, refusal, or neglect to produce books, papers, or documents as demanded in the order or subpoena upon such day, such failure, refusal, or neglect shall constitute a misdemeanor. Each day’s further failure, refusal, or neglect is a separate and distinct offense. The district attorney of the county in which the proceeding, hearing, or investigation is to be held, shall prosecute any person guilty of violating this section by continuous prosecution until the person appears or attends or produces such books, papers, or documents, or complies with the subpoena or order of the supervisor or the director. (Amended by Stats. 1974, Ch. 765.)
  192. 33600.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy may exercise all rights and powers needed to carry out this division’s purposes and intent.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33600. The conservancy shall have and may exercise all rights and powers, expressed or implied, necessary to carry out the purposes and intent of this division, including, but not limited to, the rights and powers expressly set forth in this division. (Added by Stats. 1990, Ch. 977, Sec. 1.)
  193. 33601.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy may take several actions, including suing and being sued, appointing an executive director, hiring staff, making contracts and agreements, and awarding grants.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33601. The conservancy may do all of the following: (a) Sue and be sued. (b) Determine the qualifications of, recommend the salary of, and appoint, an executive director who shall be exempt from civil service and serve at the pleasure of the conservancy. In addition, the conservancy may employ other staff pursuant to the State Civil Service Act and as may be authorized in the annual state Budget Act. (c) Enter into contracts pursuant to Article 4 (commencing with Section 19130) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, for services requiring knowledge, experience, and ability not possessed by the conservancy’s staff. (d) Enter into other agreements with public agencies, private entities, and persons necessary for the proper discharge of the conservancy’s duties. (e) In order to further the conservancy’s purposes as set forth in Section 33501, award grants to cities, counties, resource conservation districts, or nonprofit organizations that are described in paragraph (2) of subdivision (f) of Section 33702 and that are qualified as exempt organizations under Section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C.A. Sec. 501(c)(3)). (Amended by Stats. 1999, Ch. 419, Sec. 5. Effective January 1, 2000.)
  194. 33602.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy may adopt and enforce regulations for public use of conservancy lands, but the regulations may allow only uses that protect, enhance, or restore those lands and their resource values.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33602. The conservancy may adopt regulations governing the use by the public of conservancy lands and provide for their enforcement. Any regulation shall authorize only those uses of conservancy lands that are consistent with the protection, enhancement, or restoration of those lands and the resource values specified in Section 33500. The violation of any regulation is a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000) or imprisonment in the county jail for not more than six months, or both that fine and imprisonment. One-half of the amount of any fine collected shall be remitted to the conservancy for expenditure, upon appropriation, for carrying out the purposes of this division. (Amended by Stats. 1992, Ch. 676, Sec. 6. Effective January 1, 1993. Operative January 1, 1994, pursuant to Sec. 13 of Ch. 676, as amended by Stats. 1993, Ch. 1286, Sec. 6.)
  195. 33603.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy may provide interpretive services and facilities and make only the minimal improvements needed for specified public purposes on conservancy lands.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33603. The conservancy may provide interpretive services and facilities and make the minimal improvements necessary to negate the deleterious influence of man on, and to facilitate the public’s enjoyment of, and to enhance the public’s recreational and educational experiences on, conservancy lands. No improvement shall be undertaken unless it is in furtherance of the conservancy’s purposes, as set forth in Section 33501. (Added by Stats. 1990, Ch. 977, Sec. 1.)
  196. 33604.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy must follow specified Public Contract Code requirements for expenditures over the Section 20162 amount, except for land-acquisition expenditures for Section 33501 purposes.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33604. Any expenditure by the conservancy that exceeds the amount specified in Section 20162 of the Public Contract Code, except expenditures for the acquisition of land for the purposes of Section 33501, shall be subject to the requirements of Article 4 (commencing with Section 20160) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. (Added by Stats. 1990, Ch. 977, Sec. 1.)
  197. 33605.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy may accept money, goods, services, donations, bequests, and real-property gifts for lawful conservancy purposes, subject to Government Code requirements.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 2. Powers and Duties [33600 - 33605] ( Chapter 2 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33605. The conservancy may accept any revenue, money, grants, fees, rents, royalties, goods, services, donations, bequests, or gifts of any interest in real property from any public agency, private entity, or person for any lawful purpose of the conservancy subject to the requirements of Sections 11005 to 11005.7, inclusive, of the Government Code. A gift of personal property that is subject to the requirements of Sections 11005 and 11005.1 of the Government Code shall be deemed approved by the Director of Finance, unless it is disapproved within 60 days of receipt of a request from the executive director of the conservancy to approve the gift. (Amended by Stats. 1996, Ch. 963, Sec. 6. Effective September 27, 1996.)
  198. 33700.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 3. Open-Space Protection Program [33700 - 33704] ( Chapter 3 added by Stats. 1990, Ch. 977, Sec. 1. )

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    This section defines “mountainous lands” and “natural community conservation lands,” and lets the conservancy board adjust the mountainous-lands boundary within limits.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 3. Open-Space Protection Program [33700 - 33704] ( Chapter 3 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33700. (a) As used in this chapter, “mountainous lands” means all lands, irrespective of their angle of slope or other natural or manmade terrain features, within the territory of the conservancy that lie above the floor of the Coachella Valley, if there is no alluvial fan, or that lie above any alluvial fan extending onto the valley floor, as more specifically set forth in that certain map entitled “Coachella Valley Mountainous Lands Map” and dated ____ __, 1999, and placed on file with the Secretary of State, which map is hereby incorporated in this subdivision by this reference. The map described in this subdivision may be combined with, and made a part of, the map described in Section 33502. (b) The governing board of the conservancy may adjust the boundary delineating mountainous lands within the conservancy’s territory, but not by more than 100 yards from the boundary mapped as specified in subdivision (a), to avoid bisecting any single lot or parcel in existence on January 1, 1991, or to conform the boundary to more readily identifiable natural or manmade features in existence on January 1, 1991, if the adjustment will not jeopardize any of the resource values specified in Section 33500. Any adjustment in the boundary shall be reflected in a revision to the map specified in subdivision (a), which revision shall be promptly filed with the Secretary of State. (c) In the event of any inconsistency between the definition of “mountainous lands,” as set forth in this section, and the map described in this section, the definition shall control. (d) As used in this chapter, “natural community conservation lands” means all lands within the territory of the conservancy, the preservation of which is necessary to implement a natural community conservation plan that has been approved by the Department of Fish and Game pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code. (Amended by Stats. 1999, Ch. 419, Sec. 6. Effective January 1, 2000.)
  199. 33701.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 3. Open-Space Protection Program [33700 - 33704] ( Chapter 3 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy cannot use eminent domain itself, but it may ask the State Public Works Board to do so for qualifying uninhabited mountainous property, with 60 days’ notice.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 3. Open-Space Protection Program [33700 - 33704] ( Chapter 3 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33701. The conservancy may not exercise the power of eminent domain. The conservancy may request the State Public Works Board to exercise the power of eminent domain on behalf of the conservancy 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 initiate a request only with respect to uninhabited real property within the territory of the conservancy containing mountainous lands and after providing at least 60 days’ notice of its intention to request acquisition by eminent domain. The notice shall be sent either to the city in which the real property is situated; the county if the real property is situated in an unincorporated area; or the Tribal Council of the Agua Caliente Band of Cahuilla Indians if the real property is situated within the trust lands of the Agua Caliente Indian Reservation. The State Public Works Board shall not, acquire any real property by eminent domain in response to a request of the conservancy if either of the following is the case: (a) No part of the real property is mountainous land. (b) The acquisition is objected to by the city in which the real property is situated; by the county if the real property is situated in an unincorporated area; or by the Tribal Council of the Agua Caliente Band of Cahuilla Indians if the real property is situated within the trust lands of the Agua Caliente Indian Reservation. To be effective, the objection shall be made by a resolution of the city council, the county board of supervisors, or the Tribal Council of the Agua Caliente Band of Cahuilla Indians, as the case may be, adopted within 60 days from the date of receipt of notice from the conservancy. The city, the county, or the tribal council, as the case may be, may at any subsequent time rescind its objection. (Amended by Stats. 1996, Ch. 963, Sec. 7. Effective September 27, 1996.)
  200. 33702.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 3. Open-Space Protection Program [33700 - 33704] ( Chapter 3 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy’s property transactions are partly subject to the Property Acquisition Law, with listed exceptions and special approval rules for disposing of certain lands.

    ## Public Resources Code - PRC ## DIVISION 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY [33500 - 33806] ( Division 23.5 added by Stats. 1990, Ch. 977, Sec. 1. ) ## CHAPTER 3. Open-Space Protection Program [33700 - 33704] ( Chapter 3 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33702. (a) Except as provided in subdivisions (b) and (c), the acquisition of real property or interests in real property under this division is subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). (b) Any acquisition of real property or any interest in real property within the territory of the conservancy that is located in an area designated as a National Scenic Area and that has a value of less than two hundred fifty thousand dollars ($250,000), is not subject to the Property Acquisition Law. (c) Any acquisition of real property from the County of Riverside that was acquired by the county as a result of the nonpayment of taxes, and that has a value of less than two hundred fifty thousand dollars ($250,000), is not subject to the Property Acquisition Law if the Administrative Secretary of the State Public Works Board has received written notice that the conservancy has adopted a resolution requesting that the real property be removed from public sale and the Director of Finance has not, within 60 days from the date that the written notice was received, notified the executive director of the conservancy that the real property must be acquired under the Property Acquisition Law. (d) The committee that is responsible for developing the Coachella Valley natural community conservation plan as of December 31, 1999, or any subsequent committee that is responsible for overseeing the implementation of any state-approved Coachella Valley natural community conservation plan, habitat conservation plan, or similar program, shall be the advisory committee to the conservancy in its implementation of any aspect of the plan or program. Prior to the acquisition of property or the taking of other actions in furtherance of the plan or program, the conservancy shall consult with the advisory committee. (e) Except as provided in Section 33701, and subject to Section 33507, the conservancy may acquire any property, and any interest in property, on behalf of itself or a state agency represented on the governing board, within its territory if acquisition of the property is in furtherance of the conservancy’s purposes, as set forth in Section 33501. The conservancy may initiate, negotiate, and participate in agreements with local, state, and federal public agencies or nonprofit entities for the management of land under the conservancy’s ownership or control, in furtherance of the conservancy’s purposes. The conservancy may also hold, manage, maintain, administer, occupy, and care for that property in the event that no appropriate public or private entity is available to undertake that responsibility without cost to the conservancy. (f) (1) Except as provided in paragraph (2), the conservancy shall not sell, exchange, lease, or otherwise dispose of or encumber, any mountainous lands or natural community conservation lands unless authorized by a four-fifths vote of the governing board or a two-thirds vote of the electors residing within the conservancy. (2) The conservancy may transfer any mountainous lands or natural community conservation lands to another public agency or to any nonprofit organization that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historic, agricultural, forested, or open-space condition or use, if the transfer is authorized in the presence of a quorum and upon the recorded votes of a majority of the voting members of the governing board, and if the transferee agrees to hold, manage, maintain, administer, occupy, and care for the property in perpetuity and in furtherance of the conservancy’s purposes, as set forth in Section 33501. (3) Any lease entered into pursuant to this subdivision shall not exceed five years and shall include the express provision that the lease may be terminated at any time that the governing board determines that the land is needed for conservancy purposes. (g) Notwithstanding subdivision (e) and the requirements specified in subdivision (f), the conservancy may sell, exchange, lease, or otherwise dispose of or encumber, property that is not mountainous land or natural community conservation land on any terms that are in the best interests of the conservancy. (Amended by Stats. 1999, Ch. 419, Sec. 7. Effective January 1, 2000.)

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