Public Resources Code — Part 16 | PRC — United States — California law | Esheria

Public Resources Code

Part 16 of 41 · provisions 3,001–3,200

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. 33702.5.

    ## 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 may buy an option to purchase real property and may transfer an option, but the transfer must follow Section 33702(b).

    ## 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. ) ## 33702.5. The conservancy may enter into an option to purchase real property in fee or any lesser interest and may transfer an option subject to the requirements of subdivision (b) of Section 33702. (Added by Stats. 1992, Ch. 676, Sec. 9. Effective January 1, 1993. Operative January 1, 1994, pursuant to Sec. 13 of Ch. 676, as amended by Stats. 1993, Ch. 1286, Sec. 6.)
  2. 33703.

    ## 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 says the conservancy does not override the County of Riverside or nearby cities’ existing land-use planning authority, and it does not give the conservancy general power to plan or control land use except for land it acquires and holds.

    ## 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. ) ## 33703. This division is not intended to infringe on the existing authority of the County of Riverside or the cities lying within the conservancy’s territory to plan and control land uses, and no provision of this division shall be construed as conferring on the conservancy the authority to plan or control the use of any land except those lands that the conservancy may acquire and hold. (Added by Stats. 1990, Ch. 977, Sec. 1.)
  3. 33704.

    ## 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 must consult and coordinate its program with the trust and any successor entity for as long as the entity exists.

    ## 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. ) ## 33704. The Legislature hereby acknowledges the role of the former Coachella Valley Mountains Conservancy, a California nonprofit corporation, and its successor, the Coachella Valley Mountains Trust, a California nonprofit corporation, in providing the leadership within the community that led to the creation of the conservancy pursuant to this division. Accordingly, the conservancy created by this division shall consult, and coordinate its program, with the trust, and any successor entity, for as long as it may exist. (Added by Stats. 1990, Ch. 977, Sec. 1.)
  4. 33800.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy may borrow only to buy real property, and only under stated debt-instrument limits; later debt instruments are void unless they comply and are approved by the Department of Finance.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33800. (a) The conservancy may incur debt only for the purpose of acquiring real property. To acquire that property, the conservancy may only borrow money from, and incur a debt to, an entity that is represented on the conservancy’s governing board if the debt instrument pertaining to the acquisition of the property states that the security for the debt created therein is limited to the real property to be acquired, and includes an acknowledgment that no state funds or state credit will be obligated or committed to repay the debt. (b) Any debt instrument that is entered into by the conservancy after January 1, 1997, shall be null and void, except for a debt instrument that complies with subdivision (a) and is approved by the Department of Finance. (Repealed and added by Stats. 1996, Ch. 963, Sec. 10. Effective September 27, 1996.)
  5. 33802.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy may charge and collect fees for public use of its lands, but the fee cannot be more than its cost of providing the service.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33802. The conservancy may fix and collect fees for the use by the public of any lands owned or otherwise controlled by the conservancy. No fee shall, however, exceed the conservancy’s cost of providing the service for which the fee is charged. (Added by Stats. 1990, Ch. 977, Sec. 1.)
  6. 33803.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy may raise revenue for lawful purposes, but certain assessments or taxes need voter approval before they can be levied. Any conservancy election must be consolidated with a statewide election or a Riverside County-wide election.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33803. (a) The conservancy may raise revenues for any lawful purpose of the conservancy pursuant to this chapter. (b) If the conservancy proposes to raise revenue by the levy of an assessment on real property or by the levy of any type of tax or increase in any existing tax authorized by this chapter, and the law authorizing the assessment or tax requires the approval of the electors of the conservancy, the assessment or tax may not be levied unless and until it is approved by the electors of the conservancy at an election held for that purpose. Any assessment or tax levied by the conservancy shall be approved by two-thirds of the votes cast by the electors of the conservancy if the law authorizing the assessment or tax requires approval by two-thirds of the votes cast, or shall be approved by a majority of the votes cast by the electors of the conservancy if the law authorizing the assessment or tax provides for approval by a majority of the votes cast. (c) Any election conducted by the conservancy shall be consolidated with a statewide election or any election conducted throughout the County of Riverside. (Amended by Stats. 1991, Ch. 267, Sec. 13.)
  7. 33804.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy may raise revenue through assessments and special taxes.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33804. The conservancy is expressly authorized to raise revenues by any, or a combination, of the following: (a) An assessment to finance capital improvements and land acquisition, which may be levied within one or more zones within the conservancy’s territory established to reflect the level of service provided by the conservancy within the zone, as provided in the Improvement Act of 1911 (Division 7 (commencing with Section 5000), Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500), Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000), Streets and Highways Code), and the Landscaping and Lighting Act of 1972 (Division 15 (commencing with Section 22500), Streets and Highways Code). At the election authorizing the assessment, the conservancy may propose a range of assessment rates, within which range the rate may from time to time be adjusted by the governing board to reflect the conservancy’s revenue needs. (b) A special tax, as provided in Article 3.7 (commencing with Section 53720) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (c) A special tax levied pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code). (Added by Stats. 1990, Ch. 977, Sec. 1.)
  8. 33805.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The conservancy’s governing board may call an election to authorize indebtedness and issue limited obligation bonds if it determines immediate revenues are insufficient.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33805. Upon making the determination that immediate revenues are insufficient for the acquisition of property, other capital expenses, or the funding or refunding of any outstanding indebtedness, the governing board of the conservancy may call an election on a proposition to incur indebtedness in a specified amount and to issue limited obligation bonds. (Added by Stats. 1990, Ch. 977, Sec. 1.)
  9. 33806.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. )

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    The Coachella Valley Mountains Conservancy Fund is created in the State Treasury, and the conservancy may spend money from it only after legislative appropriation.

    ## 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 4. Finances [33800 - 33806] ( Chapter 4 added by Stats. 1990, Ch. 977, Sec. 1. ) ## 33806. The Coachella Valley Mountains Conservancy Fund is hereby created in the State Treasury. The money in the fund shall be made available for expenditure by the conservancy, upon appropriation by the Legislature, for the purposes of this division. (Added by Stats. 1996, Ch. 963, Sec. 11. Effective September 27, 1996.)
  10. 33810.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 1. General Provisions [33810- 33810.] ( Chapter 1 added by Stats. 2024, Ch. 771, Sec. 1. )

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    This division may be cited as the Salton Sea Conservancy Act.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 1. General Provisions [33810- 33810.] ( Chapter 1 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33810. This division shall be known, and may be cited, as the Salton Sea Conservancy Act. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  11. 33811.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 2. Definitions [33811- 33811.] ( Chapter 2 added by Stats. 2024, Ch. 771, Sec. 1. )

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    This section defines several terms used in this division, including Board, Conservancy, Fund, Local public agency, Nonprofit organization, Region, Salton Sea Authority, Salton Sea Management Program, and Tribe.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 2. Definitions [33811- 33811.] ( Chapter 2 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33811. For purposes of this division, the following definitions apply: (a) “Board” means the board of directors governing the Salton Sea Conservancy. (b) “Conservancy” means the Salton Sea Conservancy established pursuant to Section 33812. (c) “Fund” means the Salton Sea Conservancy Fund established pursuant to Section 33825. (d) “Local public agency” includes, but is not limited to, a city, county, city and county, district, association of governments, or joint powers authority. (e) “Nonprofit organization” means a private, nonprofit organization that qualifies for tax exempt status under Section 501(c)(3) of Title 26 of the Internal Revenue Code. (f) “Region” or “Salton Sea region” means the geographic boundaries of the Salton Sea ecosystem, as described in subdivision (d) of Section 2931 of the Fish and Game Code. (g) “Salton Sea Authority” has the same meaning as subdivision (d) of Section 2941 of the Fish and Game Code. (h) “Salton Sea Management Program” means the Natural Resources Agency, the Department of Water Resources, and the Department of Fish and Wildlife working under the direction of the Assistant Secretary for Salton Sea Policy to carry out the terms of State Water Resources Control Board Order WR 2017-0134. (i) “Tribe” means any federally recognized Native American tribe or a nonfederally recognized Native American tribe. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  12. 33812.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 3. Salton Sea Conservancy [33812 - 33813] ( Chapter 3 added by Stats. 2024, Ch. 771, Sec. 1. )

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    Creates the Salton Sea Conservancy as a state agency within the Natural Resources Agency.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 3. Salton Sea Conservancy [33812 - 33813] ( Chapter 3 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33812. (a) The Salton Sea Conservancy is hereby created as a state agency within the Natural Resources Agency for both of the following purposes: (1) To operate, maintain, and manage projects, as they are completed, that are planned or built under the authority of the Salton Sea Management Program to fulfill the state’s obligations as detailed in State Water Resources Control Board Order WR 2017-0134. (2) To acquire, hold, and manage land and property rights, including easements and water rights, within the Salton Sea region after restoration or mitigation projects are built. (b) The conservancy’s jurisdiction is limited to the Salton Sea region. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  13. 33813.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 3. Salton Sea Conservancy [33812 - 33813] ( Chapter 3 added by Stats. 2024, Ch. 771, Sec. 1. )

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    The conservancy must carry out programs, projects, and activities to further its purposes.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 3. Salton Sea Conservancy [33812 - 33813] ( Chapter 3 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33813. The conservancy shall carry out programs, projects, and activities to further the conservancy’s purposes specified in Section 33812. This may include any one, any combination, or all of the following: (a) Expending funds and awarding grants and loans to develop and implement programs and projects that are designed to further the conservancy’s purposes specified in Section 33812. (b) Engaging community members and stakeholders. (c) Identifying and working to resolve any barriers or impediments to the conservancy’s progress, including capacity or organizational deficiencies. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  14. 33814.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. )

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    This section sets up the Salton Sea Conservancy board, requires 15 voting members plus 7 ex officio nonvoting members, and sets appointment, representation, and service-term rules.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33814. (a) By January 1, 2026, the conservancy shall be governed by a board of directors. (1) The board shall consist of 15 voting members appointed as follows: (A) One public member appointed by the Governor, who is not an elected official and who resides within 50 miles of the conservancy’s territory. (B) One public member appointed by the Speaker of the Assembly, who is not an elected official and who resides within 50 miles of the conservancy’s territory. (C) One public member appointed by the Senate Committee on Rules, who is not an elected official and who resides within 50 miles of the conservancy’s territory. (D) One member who is appointed by the Riverside County Board of Supervisors and is a resident of that county, or their designee. (E) One member who is appointed by the Imperial County Board of Supervisors and is a resident of that county, or their designee. (F) One member who is appointed by the Coachella Valley Water District and resides within the district’s boundaries, or their designee. (G) One member who is appointed by the Imperial Irrigation District and resides within the district’s boundaries, or their designee. (H) One member who is appointed by the Torres Martinez Desert Cahuilla Indians, or their designee. (I) One representative of a nongovernmental organization focused on environmental justice work in the region appointed by the Secretary of the Natural Resources Agency. (J) One representative of a nongovernmental organization focused on fish and wildlife habitat work in the region appointed by the Secretary of the Natural Resources Agency. (K) The Director of Finance, or the director’s designee. (L) The Secretary of the Natural Resources Agency, or the secretary’s designee. (M) The Director of Fish and Wildlife, or the director’s designee. (N) The Director of Water Resources, or the director’s designee. (O) The Director of the Department of Parks and Recreation, or the director’s designee. (2) The board shall also consist of seven ex officio nonvoting members designated as follows: (A) The Secretary for Environmental Protection, or the secretary’s designee. (B) The Chairperson of the State Water Resources Control Board, or the chairperson’s designee. (C) The Chairperson of the State Air Resources Board, or the chairperson’s designee. (D) One representative of the United States Bureau of Land Management, designated by the United States Secretary of the Interior. (E) One representative of the United States Fish and Wildlife Service, designated by the United States Secretary of the Interior. (F) One representative of the federal Bureau of Reclamation, designated by the United States Secretary of the Interior. (G) One representative of the United States Army Corps of Engineers, designated by the United States Department of Defense. (b) The local agencies specified in subparagraphs (D) to (G), inclusive, of paragraph (1) of subdivision (a) shall ensure that one of the appointed members of those agencies is the president of the Salton Sea Authority, so that the president of the Salton Sea Authority is always represented on the board. (c) The public members appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, and the representatives of nongovernmental organizations appointed by the Secretary of the Natural Resources Agency, shall each serve a four-year term. (d) The locally appointed members specified in subparagraphs (D) to (G), inclusive, of paragraph (1) of subdivision (a) shall serve at the pleasure of the appointing board of supervisors or water or irrigation district. (e) The tribal representative shall serve at the pleasure of the Torres Martinez Desert Cahuilla Indians. (f) Each voting member specified in subparagraphs (A) to (O), inclusive, of paragraph (1) of subdivision (a) shall have demonstrated interest and expertise in at least one of the conservancy’s purposes described in subdivision (a) of Section 33812. This demonstrated interest and expertise shall include, but is not limited to, any of the following: (1) Experience with any of the following: (A) A land conservation nonprofit organization. (B) A public agency focused on land conservation. (C) Public land management. (2) Experience as a professional with expertise in one or more functions of the board, including operations and maintenance. (3) Experience with activities that benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  15. 33815.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. )

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    The Secretary of the Natural Resources Agency, or a designee, must serve as board chairperson. The board’s voting members must elect a vice chairperson each year, and if that seat becomes vacant, they must elect a replacement for the rest of the term.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33815. The Secretary of the Natural Resources Agency, or the secretary’s designee, shall serve as the chairperson of the board. The board’s voting members shall annually elect from among themselves a vice chairperson of the board. If the vice chairperson’s position becomes vacant, a new vice chairperson shall be elected by the board’s voting members to serve for the remainder of the term. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  16. 33816.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. )

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    The board can transact conservancy business only when eight voting members are present as a quorum, and decisions require an affirmative vote of eight voting members.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33816. Eight 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 eight of the voting membership, and the vote is binding with respect to all matters acted on by the conservancy. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  17. 33817.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. )

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

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33817. The board shall adopt rules and procedures for the conduct of business by the conservancy. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  18. 33818.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. )

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

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33818. The board may establish advisory boards or committees, hold community meetings, and engage in public outreach. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  19. 33819.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. )

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    The board may keep a headquarters office in the Salton Sea region, and the conservancy may rent or own property and equipment and enter access agreements like easements.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33819. The board may maintain a headquarters office within the Salton Sea region. The conservancy may rent or own real and personal property and equipment pursuant to applicable statutes and regulations. The conservancy may also enter into access agreements, such as easements, to further the conservancy’s purposes described in subdivision (a) of Section 33812. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  20. 33820.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The section requires the Secretary of the Natural Resources Agency to appoint the conservancy’s executive officer before January 1, 2027, then shifts that appointment and qualification-setting role to the board on or after that date. The executive officer is exempt from civil service, and the board must hire other staff as needed.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33820. (a) Before January 1, 2027, the Secretary of the Natural Resources Agency shall appoint an executive officer of the conservancy. The executive officer shall be exempt from civil service. (b) On or after January 1, 2027, the board shall determine the qualifications of, and shall appoint, an executive officer of the conservancy, who shall be exempt from civil service. The board shall employ other staff as necessary to execute the powers and functions provided for in this division. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  21. 33821.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

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

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33821. 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. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  22. 33822.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

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

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33822. 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. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  23. 33823.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The board must conduct its business in accordance with the Bagley-Keene Open Meeting Act.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33823. The board shall conduct business in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  24. 33824.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The board must hold its regular meetings within the Salton Sea region.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 4. Governing Board [33814 - 33824] ( Chapter 4 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33824. The board shall hold its regular meetings within the Salton Sea region. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  25. 33825.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The Salton Sea Conservancy Fund is created in the State Treasury, and the Legislature intends it to be supported by bond-sale proceeds and allocations from the Salton Sea Lithium Fund.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33825. The Salton Sea Conservancy Fund is hereby created in the State Treasury. The Legislature intends to support the fund through authorized proceeds from the sale of bonds and allocations from the Salton Sea Lithium Fund pursuant to Section 2951 of the Fish and Game Code. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  26. 33826.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The conservancy may enter partnerships with tribes, nonprofit organizations, local public agencies, the Salton Sea Authority, and landowners.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33826. The conservancy may engage in partnerships with tribes, nonprofit organizations, local public agencies, including the Salton Sea Authority, and landowners. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  27. 33827.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The conservancy must cooperate and consult with the local city or county when a grant will be spent or real property will be acquired, and it must coordinate as needed with the Salton Sea Authority, other state agencies, and the Secretary of the Natural Resources Agency.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33827. In implementing this division, the conservancy shall cooperate and consult with the city or county in which a grant is proposed to be expended or an interest in real property is proposed to be acquired, and shall, as necessary or appropriate, coordinate its efforts with the Salton Sea Authority, and with other state agencies, in cooperation with the Secretary of the Natural Resources Agency. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  28. 33828.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The conservancy may impose grant conditions, require cost-sharing, recover unused or excess funds, and make advance payments in limited cases.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33828. (a) The conservancy may require a grantee to enter into an agreement with the conservancy on terms and conditions specified by the conservancy. (b) The conservancy may require a cost-share or local funding requirement for a grant. The conservancy may make that cost-share or local funding requirement contingent upon the total amount of funding available, the fiscal resources of the applicant, or the urgency of the project. The conservancy may waive cost-share requirements. (c) The conservancy may fund or award grants for plans and feasibility studies consistent with its plans. (d) The conservancy may seek repayment or reimbursement of funds granted on terms and conditions it deems appropriate. The proceeds of repayment shall be deposited in the fund. (e) The conservancy may require any funds that exceed the costs of eligible or approved projects or of acquisition to be returned to the conservancy, to be available for expenditure when appropriated by the Legislature. (f) The conservancy may award grant funds to state agencies, local public agencies, tribes, and nonprofit organizations to further the purposes of this division. (g) The conservancy may provide advance payment of up to one-half of the total grant award for a project that satisfies both of the following criteria: (1) The project proponent is a nonprofit organization or a disadvantaged community, or the project benefits a disadvantaged community. (2) The total grant award for the project is less than one million dollars ($1,000,000). (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  29. 33829.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The conservancy may give grants and loans to specified public and nonprofit recipients, and grant applicants seeking to buy real property must include specified project and financing details in the application.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33829. (a) The conservancy may provide grants and loans to state agencies, local public agencies, tribes, and nonprofit organizations to further the purposes of this division. (b) An entity applying for a grant from the conservancy to acquire an interest in real property shall specify all of the following in the grant application: (1) The intended use of the property. (2) The manner in which the land will be managed. (3) How the cost of ongoing operations, maintenance, and management will be provided, including an analysis of the maintaining entity’s financial capacity to support those ongoing costs. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  30. 33830.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The conservancy may sue and be sued.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33830. The conservancy may sue and be sued. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  31. 33831.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The conservancy may acquire, improve, lease, or transfer real property interests, enter easements before project completion, and request review or assistance from specified state bodies.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33831. (a) The conservancy may acquire from willing sellers or transferors, including state agencies, interests in real property, including access and water rights, and improve, lease, or transfer interests in real property, in order to carry out the purposes of this division. (b) The conservancy may, before the completion of restoration or mitigation projects, enter into easements for property rights to be assigned to the conservancy after completion by the Salton Sea Management Program. (c) 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). However, the conservancy may request the State Public Works Board to review and approve specific acquisitions. The conservancy may also request assistance in acquiring real property from the Department of Water Resources. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  32. 33832.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The conservancy may make agreements with public agencies, nonprofit organizations, or private entities to build, manage, or maintain certain facilities.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33832. 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, or transferred to, the conservancy. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  33. 33833.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The conservancy may not exercise eminent domain.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33833. The conservancy shall not exercise the power of eminent domain. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  34. 33834.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The conservancy may seek and accept funds, accept fees, and create and manage endowments; it must deposit all funds it receives into the fund for this division’s purposes.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33834. (a) The conservancy may pursue and accept funds from various sources, including, but not limited to, federal, state, and local funds or grants, gifts, donations, bequests, devises, subventions, grants, rents, royalties, or other assistance and funds from public and private sources. (b) The conservancy may accept fees levied by others. (c) The conservancy may create and manage endowments. (d) All funds received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  35. 33835.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The conservancy must submit an annual report to the Governor and the Legislature starting on or before January 1, 2027.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33835. Notwithstanding Section 10231.5 of the Government Code, on or before January 1, 2027, and annually thereafter, the conservancy shall prepare and submit a report to the Governor and the Legislature, pursuant to Section 9795 of the Government Code, on its implementation of Sections 33812 and 33813, including, but not limited to, all of the following: (a) A schedule of projects undertaken by the conservancy and a schedule of grants and loans made by the conservancy. (b) A schedule of grants awarded to the conservancy and the disposition of the funds granted. (c) The disposition of the funds appropriated to the conservancy in the fiscal year preceding the year in which the report is made. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  36. 33836.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    The conservancy may spend funds, award grants and loans, and provide technical or nonfinancial assistance for projects and programs that support this division’s purposes.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33836. (a) The conservancy may expend funds and award grants and loans to develop projects and programs that are designed to further the purposes of this division. (b) The conservancy may provide and make available technical information, expertise, and other nonfinancial assistance to public agencies, nonprofit organizations, and tribal organizations, to support program and project development and implementation. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  37. 33837.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    This chapter does not limit or change any party’s responsibility or authority under existing law.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 5. Powers, Duties, and Limitations [33825 - 33837] ( Chapter 5 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33837. Nothing in this chapter shall limit or alter any party’s, including the state’s, responsibility under existing law or any party’s authority to carry out any responsibility under existing law. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  38. 33838.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 6. Contingent Operation [33838- 33838.] ( Chapter 6 added by Stats. 2024, Ch. 771, Sec. 1. )

    Verify source ↗

    This division becomes operative only if the specified 2024 bond act is approved by voters at the November 5, 2024 statewide general election.

    ## Public Resources Code - PRC ## DIVISION 23.6. Salton Sea Conservancy [33810 - 33838] ( Division 23.6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## CHAPTER 6. Contingent Operation [33838- 33838.] ( Chapter 6 added by Stats. 2024, Ch. 771, Sec. 1. ) ## 33838. This division shall become operative only if the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Chapter 83 of the Statutes of 2024) is approved by the voters at the November 5, 2024, statewide general election. (Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)
  39. 33910.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. )

    Verify source ↗

    In this division, “department” means the Department of Transportation.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. ) ## 33910. As used in this division, “department” means the Department of Transportation. (Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
  40. 33911.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. )

    Verify source ↗

    The department may accept land or money donations for land acquisition, must keep acquired land for future transportation use, and may avoid CEQA for certain qualifying acquisitions.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. ) ## 33911. The department may receive donations of land and funds for the acquisition of land from local agencies, including special districts, and private entities. Land acquired by the department through donation, purchase, or by any other means, shall be maintained by the department for future transportation purposes. The acquisition of land by the department for that purpose is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) if the land, when received or acquired, is within a statewide or regional priority corridor designated pursuant to Section 65081.3 of the Government Code and the applicable regional transportation planning agency has complied with Section 33913 of the Government Code. (Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
  41. 33912.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. )

    Verify source ↗

    Certain remaining transportation funds and sale proceeds must be used for this division, but only after legislative appropriation.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. ) ## 33912. (a) Of the funds appropriated to the Department of Transportation by Section 161030 of the Public Utilities Code, all money remaining on July 1, 1993, that is neither encumbered nor needed by the department to comply with the terms of any offer to purchase property that was made to the owner on or before July 1, 1993, shall be used, upon appropriation by the Legislature, for purposes of this division. (b) The proceeds of the sale of any property acquired pursuant to this division shall be used, upon appropriation by the Legislature, for the purposes of this division. (Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
  42. 33913.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. )

    Verify source ↗

    The department may acquire land in a designated priority corridor, but other proposals must go through regional planning agency review and departmental approval, and approval depends on a required environmental finding.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. ) ## 33913. Land may be acquired by the department if the land is located in a designated corridor of statewide or regional priority as determined pursuant to Section 65081.3 of the Government Code. Proposals by other entities for the acquisition of land by the department shall be submitted to the regional transportation planning agency in whose jurisdiction the land is located for review and recommended action, and be approved by the department. No proposal shall be approved by the department pursuant to this section unless the regional transportation planning agency, after a public hearing, finds that the range of potential transportation facilities to be located on the land can be constructed in a manner which will avoid or mitigate significant environmental impacts or values identified in subdivisions (a), (b), and (c). The regional transportation planning agency is not required to comply with the California Environmental Quality Act in any manner, other than complying with the provisions of subdivision (a), in order to make this finding, if it has prepared an environmental review of the corridor of statewide or regional priority in which the land is located pursuant to Section 65081.3 of the Government Code. The regional transportation planning agency shall base its finding on a consideration of each of the following: (a) The information contained in the environmental impact report prepared pursuant to Section 65081.3 of the Government Code and a document describing the proposed land acquisition which includes the content of an initial study described in subdivision (d) of Section 15063 of Title 14 of the California Code of Regulations (California Environmental Quality Act Guidelines). However, the study need not include greater specificity about the type or nature of the proposed transportation project than has been provided in action by the governing body of the project applicant agency. (b) Review by the Department of Fish and Game. The Department of Fish and Game shall make the results of its review of the proposed land acquisition known to the regional transportation planning agency no later than 30 days after the acquisition is submitted to them by the regional transportation planning agency for review, or its comments shall not be considered in the finding. (c) Other information submitted to the regional transportation planning agency in the public hearing or in writing regarding the proposed acquisition by the department. (Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
  43. 33914.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. )

    Verify source ↗

    Determinations made under this division cannot be used as the basis for a CEQA compliance determination for constructing the transportation project.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. ) ## 33914. The determinations made pursuant to this division shall not constitute the basis for a determination of compliance with the California Environmental Quality Act for purposes of constructing the transportation project. (Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
  44. 33915.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. )

    Verify source ↗

    Land acquired and held under this division is treated as serving a public purpose.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. ) ## 33915. The acquisition and holding of land under this division constitutes a public purpose, notwithstanding Section 1240.220 of the Code of Civil Procedure. (Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
  45. 33916.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. )

    Verify source ↗

    This section says the division does not limit the department’s authority under Section 104.6 of the Streets and Highways Code.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. ) ## 33916. Nothing in this division limits the authority conferred on the department by Section 104.6 of the Streets and Highways Code. (Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
  46. 33917.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. )

    Verify source ↗

    Certain transportation agencies may create a transportation corridor preservation entity and a corridor preservation account.

    ## Public Resources Code - PRC ## DIVISION 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS [33910 - 33917] ( Division 23.7 added by Stats. 1992, Ch. 754, Sec. 2. ) ## 33917. (a) A transportation planning agency, a county transportation commission, or a county transportation authority may create a transportation corridor preservation entity within the area of its jurisdiction and may create a corridor preservation account. (b) Sections 33911, 33913, 33914, and 33915 apply to a transportation preservation entity created pursuant to subdivision (a). (Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
  47. 3400.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section says the charges imposed under the article are necessary as an exercise of the State’s police power to supervise and protect oil and gas deposits.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3400. The charges directed to be levied by this article are necessary in the exercise of the police power of the State and to provide a means by which to supervise and protect deposits of oil and gas within the State, in which deposits the people of the State have a primary and supreme interest. (Enacted by Stats. 1939, Ch. 93.)
  48. 34000.

    ## Public Resources Code - PRC ## DIVISION 24. RENEWABLE RESOURCES INVESTMENT PROGRAM [34000 - 34002] ( Division 24 added by Stats. 1980, Ch. 9, Sec. 3. )

    Verify source ↗

    Money in the Bosco-Keene Renewable Resources Investment Fund may be used only for the listed purposes, and only pursuant to legislative appropriation.

    ## Public Resources Code - PRC ## DIVISION 24. RENEWABLE RESOURCES INVESTMENT PROGRAM [34000 - 34002] ( Division 24 added by Stats. 1980, Ch. 9, Sec. 3. ) ## 34000. Money deposited in the Bosco-Keene Renewable Resources Investment Fund created by former Section 7150.6 of the Fish and Game Code may be encumbered, pursuant to appropriation by the Legislature, only for the following purposes: (a) Salmon and steelhead hatchery expansion and fish habitat improvement. (b) Forest resource improvement projects pursuant to the California Forest Improvement Act of 1978. (c) Urban forestry projects pursuant to the California Urban Forestry Act of 1978. (d) Agricultural soil drainage programs which will retard desertification and protect agricultural productivity. (e) Support of technical assistance programs which will prevent soil erosion. (f) Agricultural, industrial, and urban water conservation programs. (g) Wildland fire prevention programs pursuant to the Wildland Fire Protection and Resources Management Act of 1978, Article 1 (commencing with Section 4461) and Article 2 (commencing with Section 4475) of Chapter 7 of Part 2 of Division 4. (h) Coastal resource enhancement projects pursuant to Chapter 6 (commencing with Section 31251) of Division 21. (i) Regulation and oversight of surface mining activities pursuant to the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2). (Amended by Stats. 2003, Ch. 240, Sec. 25. Effective August 13, 2003.)
  49. 34001.

    ## Public Resources Code - PRC ## DIVISION 24. RENEWABLE RESOURCES INVESTMENT PROGRAM [34000 - 34002] ( Division 24 added by Stats. 1980, Ch. 9, Sec. 3. )

    Verify source ↗

    The Department of Fish and Game may give grants to certain organizations and governments to help with salmon and steelhead rehabilitation on the north coast of California.

    ## Public Resources Code - PRC ## DIVISION 24. RENEWABLE RESOURCES INVESTMENT PROGRAM [34000 - 34002] ( Division 24 added by Stats. 1980, Ch. 9, Sec. 3. ) ## 34001. The Department of Fish and Game may make grants to nonprofit organizations, political subdivisions of the state, and Indian tribes to cooperate with the department in salmon and steelhead rehabilitation along the north coast of California. The Director of Fish and Game may establish criteria for the awarding of these grants to applicants who demonstrate the greatest expertise in accomplishing the salmon and steelhead rehabilitation projects. (Added by Stats. 1984, Ch. 573, Sec. 2.)
  50. 34002.

    ## Public Resources Code - PRC ## DIVISION 24. RENEWABLE RESOURCES INVESTMENT PROGRAM [34000 - 34002] ( Division 24 added by Stats. 1980, Ch. 9, Sec. 3. )

    Verify source ↗

    The Department of Fish and Game may give partial grant funding to nonprofit organizations and Indian tribes if the organization meets the listed requirements.

    ## Public Resources Code - PRC ## DIVISION 24. RENEWABLE RESOURCES INVESTMENT PROGRAM [34000 - 34002] ( Division 24 added by Stats. 1980, Ch. 9, Sec. 3. ) ## 34002. The Department of Fish and Game may provide nonprofit organizations and Indian tribes partial funding of grants provided under Section 34001 or Section 3 of Chapter 344 of the Statutes of 1981, if in the opinion of the department, any such organization meets all of the following requirements: (a) Has a previously demonstrated record of successfully completing one or more salmon or steelhead rehabilitation projects funded under the Cooperative North Coast Salmon and Steelhead Restoration Project. (b) Utilizes acceptable accounting procedures. (c) Demonstrates that the project can be accomplished more efficiently and economically and with partial funding provided before the project’s completion. (Added by Stats. 1984, Ch. 1686, Sec. 15. Effective September 30, 1984.)
  51. 3401.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Charges collected under this article must be used for specified oil-and-gas oversight and related environmental/public-health purposes, with a separate allowance for certain well-stimulation-related costs if the Legislature appropriates money.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3401. (a) The proceeds of charges levied, assessed, and collected pursuant to this article upon the properties of every person operating or owning an interest in the production of a well shall be used exclusively for the support and maintenance of the department charged with the supervision of oil and gas operations, for the State Water Resources Control Board and the regional water quality control boards for their activities related to oil and gas operations that may affect water resources, and for the support of the State Air Resources Board and the Office of Environmental Health Hazard Assessment for their activities related to oil and gas operations that may affect air quality, public health, or public safety. (b) Notwithstanding subdivision (a), the proceeds of charges levied, assessed, and collected pursuant to this article upon the properties of every person operating or owning an interest in the production of a well undergoing a well stimulation treatment, may be used by public entities, subject to appropriation by the Legislature, for all costs associated with both of the following: (1) Well stimulation treatments, including rulemaking and scientific studies required to evaluate the treatment, inspections, any air and water quality sampling, monitoring, and testing performed by public entities. (2) The costs of the State Water Resources Control Board and the regional water quality control boards in carrying out their responsibilities pursuant to Section 3160 and Section 10783 of the Water Code. (Amended by Stats. 2016, Ch. 341, Sec. 5. (SB 840) Effective September 13, 2016.)
  52. 3402.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Operators of oil wells in California must pay an annual charge to the Treasurer, calculated per barrel of oil produced in the prior calendar 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3402. There shall annually be imposed upon the person operating each oil well in this state, or owning royalty or other interests in respect to the production from the well, a charge which shall be payable to the Treasurer and which shall be computed at a uniform rate per barrel of oil produced from the well for the preceding calendar year. The charge shall be apportioned among all of those persons in fractional amounts proportionate to their respective fractional interests in respect to the production of the well, but the whole of the charge shall be payable by the operator, who shall withhold their respective proportionate shares of the charge from the amounts otherwise payable or deliverable to the owners of royalty or other interests. In the case of a penalty for late payment as provided in Section 3420, no apportionment shall be made. (Amended by Stats. 1988, Ch. 1077, Sec. 9.)
  53. 3403.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Operators of gas wells, and owners of royalty or other interests in production from the well, must pay an annual charge to the Treasurer based on the prior year’s gas production, excluding gas used for recycling or other oil-producing operations.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3403. There shall annually be imposed upon the person operating each gas well in this state, or owning royalty or other interests with respect to the production from the well, a charge, which shall be payable to the Treasurer, based upon the amount of gas produced in the preceding calendar year, other than gas which is used for recycling or otherwise in oil-producing operations, and which shall be computed at a uniform rate per ten thousand cubic feet. The charge shall be apportioned among all of those persons in fractional amounts proportionate to their respective fractional interests with respect to the production of the well, but the whole of the charge shall be payable by the operator, who shall withhold the respective proportionate shares of the charge from the amounts otherwise payable or deliverable to the owners of royalty or other interests. In the case of a penalty for a late payment as provided in Section 3420, no apportionment shall be made. (Amended by Stats. 1988, Ch. 1077, Sec. 10.)
  54. 3403.5.

    ## 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Operators of underground gas storage facilities must pay annual regulatory charges, and an operator must also pay the full direct response costs if a major gas release occurs at its facility. The supervisor must monitor these facilities.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3403.5. (a) The Legislature finds that there are underground storage facilities for gas that utilize depleted or partially depleted oil or gas reservoirs. Purchased gas, usually from out of state, is injected for storage and withdrawn during peak load periods. The supervisor is required to maintain surveillance over these facilities to ensure that the original reserves are not lost, that drilling of new wells is conducted properly, and that no damage occurs to the environment by reason of injection and withdrawal of gas. (b) In order to help support the regulatory effort of the supervisor, there shall be imposed an annual charge on operators of underground gas storage facilities to defray the regulatory costs incurred by the state in conducting the activities described in subdivision (a). Each underground gas storage facility operator shall pay a proportionate share of the total regulatory costs projected for each fiscal year based on the field capacity and number of wells for each underground gas storage facility. For each underground gas storage facility, the portion owed by the operator shall be computed by multiplying the operator’s field capacity by the number of the operator’s wells, and dividing that product by the statewide sum across all underground gas storage facilities of the product of the field capacity of each individual underground gas storage facility multiplied by the number of wells at that facility. (c) In order to defray the costs of the response effort of the division in the event of a large, uncontrolled release of gas from an underground storage facility that poses a significant present or potential hazard to public health and safety, property, or to the environment, there shall be an additional charge imposed entirely on the operator of the underground storage facility at which the uncontrolled leak or release of gas occurred. The charge shall be in the amount of the total directly associated costs incurred by the division in the previous calendar year in the course of responding to the release, including personnel hours, travel expenses, contracting costs, and any other directly associated costs incurred by the division. (d) For purposes of this section, the following terms have the following meanings: (1) “Field capacity” means the total gas storage capacity, including base and working gas capacity, of an underground gas storage facility, in cubic feet. (2) “Wells” means all wells associated with an underground gas storage facility except those that have been plugged and abandoned pursuant to Section 3208 before the preceding calendar year. (Amended by Stats. 2016, Ch. 673, Sec. 4. (SB 887) Effective January 1, 2017.)
  55. 3403.6.

    ## 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Operators of gravity-based energy storage wells must pay an annual share of the regulatory costs for each fiscal 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3403.6. (a) For the purposes of this section, “gravity-based energy storage well” has the same meaning as set forth in Section 3190. (b) To support the regulatory effort of the supervisor, there shall be imposed an annual charge on operators of gravity-based energy storage wells to defray the regulatory costs incurred by the state in maintaining surveillance of these wells, ensuring that testing is conducted properly, and ensuring that no damage occurs to the environment by reason of conversion. Each gravity-based energy storage well operator shall pay a proportionate share of the total regulatory costs for each fiscal year based on the operator’s number of gravity-based energy storage wells. For each gravity-based energy storage well, the portion owed by the operator shall be computed by dividing the statewide sum of reasonably incurred regulatory costs across all gravity-based energy source wells by the number of gravity-based energy storage wells. (c) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. (Added by Stats. 2025, Ch. 419, Sec. 2. (SB 567) Effective January 1, 2026. Repealed as of January 1, 2035, by its own provisions.)
  56. 3404.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Charges authorized by this article are additional to any other charges, taxes, assessments, or licenses paid for the assessed properties.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3404. The charges authorized by this article are in addition to any and all charges, taxes, assessments, or licenses of any kind or nature paid by or upon the properties assessed hereunder. (Enacted by Stats. 1939, Ch. 93.)
  57. 3405.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The department must prescribe the form and contents of reports used for making the charge and for other purposes under this article.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3405. The department shall prescribe the form and contents of all reports for making the charge or for other purposes to carry out the intent and provisions of this article. (Amended by Stats. 2024, Ch. 1002, Sec. 8. (AB 218) Effective September 30, 2024.)
  58. 3406.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    People chargeable under this article must file a report with the department by March 15 each 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3406. Every person chargeable under this article, shall on or before March 15th of each year, file a report with the department. The report shall show all items of information demanded by the report, which are necessary to carry out this article. The report shall be verified by such person or officer as the department may designate. (Amended by Stats. 1967, Ch. 529.)
  59. 3407.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The department may extend the filing deadline for required reports by up to 30 days if it shows good cause and enters an order on its records.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3407. The department may, for good cause shown, by order entered upon its records, extend for not exceeding thirty days, the time for filing any report required by this article. (Enacted by Stats. 1939, Ch. 93.)
  60. 3407.5.

    ## 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    If a report under Section 3406 omits some oil or gas production, the department must estimate the missing amount and add it to the report.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3407.5. If the person filing the report required under Section 3406, by error or otherwise fails to include the full amount of oil or gas production in the report, the department shall make an estimate of the deficit, based on the monthly production reports filed by such person under Section 3227, and add it to the report. The department shall make a reasonable effort to reconcile the yearly report filed under Section 3406 with the data filed on the regular monthly production reports, before proceeding to change the report, but failure to do so shall not invalidate the assessment. (Amended by Stats. 1992, Ch. 999, Sec. 17. Effective January 1, 1993.)
  61. 3408.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    If a chargeable person does not file the required verified report on time, the department must note the failure, estimate production, assess an assessment, and add a penalty assessment.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3408. (a) If any person chargeable under this article fails or refuses to file with the department, within the time prescribed in this article, the verified report provided for in Section 3406, the department shall note failure or refusal as provided for in Section 3418. (b) The department shall estimate the amount of oil and gas produced by the person and shall assess the person an assessment based upon the estimated production. A penalty assessment shall be added to the charge pursuant to Section 3420. (Amended by Stats. 1992, Ch. 999, Sec. 18. Effective January 1, 1993.)
  62. 3410.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The department must estimate, by June 15 each year, how much money is needed to carry out this chapter, working with the Department of Finance.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3410. The department shall, on or before June 15th of each year, acting in conjunction with the Department of Finance, make an estimate of the amount of money which will be required to carry out the provisions of this chapter, including any adjustments for savings or increased expenditures in the current and prior fiscal years. (Amended by Stats. 1977, Ch. 112.)
  63. 3412.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The department must set annual rates by June 15, record the charges due from each person, and post the supporting information on a public 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3412. On or before June 15 of each year, the department shall determine the rate or rates that will produce the sums necessary to be raised as provided in Section 3410. Within the same time, the department shall extend into the proper column of the record of assessments the amount of charges due from each person. The department shall post the information supporting the rate or rates on a publicly available portion of its internet website. (Amended by Stats. 2021, Ch. 727, Sec. 9. (SB 406) Effective January 1, 2022.)
  64. 3413.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The department must assess and levy these charges each year between March 1 and June 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3413. Between the first of March and the 15th of June in each year, the department shall assess and levy the charges as provided in this article. The assessment shall be made against the person operating the property subject to assessment on the first Monday in March, except that, where the actual operation of any well has changed hands during the period for which the charge is imposed, the charge shall be apportioned to each operator upon the basis of the oil or gas produced during the period, and the lien provided for in Section 3423 shall be a lien against the property of each operator. If the name of the owner is unknown to the department the assessment shall be made against unknown owners. Clerical errors occurring or appearing in the name of any person whose property is properly assessed and charged, or in the making or extension of any assessment or charge upon the records, which do not affect the substantial rights of the payer, shall not invalidate the assessment or charge. (Amended by Stats. 1967, Ch. 529.)
  65. 3417.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The notice must state that the assessment and charges have been completed, that assessment records will be delivered to the State Controller on the first Monday in July, and that a dissatisfied person may ask the Controller to correct the assessment or charge before that 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3417. The notice shall state: (a) That the assessment of property and levy of charges under this article has been completed. (b) That the records of assessments containing the charges due will be delivered to the State Controller on the first Monday in July. (c) That if any person is dissatisfied with the assessment made or charge fixed by the department he may, at any time before the first Monday in July, apply to the Controller to have the assessment or charge corrected in any particular. The omission to publish notice shall not affect the validity of any assessment levied pursuant to this article. (Amended by Stats. 1975, Ch. 1049.)
  66. 3417.5.

    ## 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The division must send annual fee notices to affected operators by April 1, and the notice must state the fee amount due by May 1. If the amount is wrong, the operator may ask the division to correct it before May 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3417.5. (a) The division shall send a notice to each operator subject to a fee pursuant to Section 3206 by April 1 of each year. The notice shall do both of the following: (1) Identify the amount of the annual fee due no later than May 1 of that year. (2) State that if the fee amount in the notice is in error, the operator may apply to the division before May 1 of that year to have the fee amount corrected. (b) The failure to send a notice shall not affect the validity or amount of the fee owed pursuant to Section 3206. (c) The notice shall be sent by mail or by electronic means deemed appropriate by the division, including, but not limited to, electronic mail or an alternative electronic system that persons opt into for receiving notice. (Added by Stats. 2021, Ch. 707, Sec. 5. (AB 896) Effective January 1, 2022.)
  67. 3418.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The department must keep an annual Record of Assessments and Charges and record each assessment, levy, or charge under this article.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3418. The department shall prepare each year a record called the “Record of Assessments and Charges” in which shall be entered each assessment and levy or charge made by it upon the property assessed and charged under this article, describing the property assessed. The assessments may be classified and entered in such separate parts of the record as the department may prescribe. If such charges and assessments become delinquent as provided in Section 3420 of this code, in addition to the information contained in the “Record of Assessments and Charges” as herein provided, the department shall furnish to the State Controller upon his request the name and address of any owner of property assessed as such name and address last appears in the office of the tax assessor for county in which such land or a major portion thereof is situate. (Amended by Stats. 1975, Ch. 1049.)
  68. 3419.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The department must deliver the record of assessments and charges to the State Controller by July 1, and the director must certify 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3419. On or before the first of July the department shall deliver to the State Controller the record of assessments and charges, certified to by the director, which certificate shall be substantially as follows: “I, ____, Director of Conservation, do hereby certify that between the first of March and the first of July, 20__, I made diligent inquiry and examination to ascertain all property and persons, firms, corporations and associations subject to assessment as required by the provisions of this chapter, providing for the assessment and collection of charges; that I have faithfully complied with all the duties imposed upon me by law; that I have not imposed any unjust or double assessment through malice or ill will or otherwise; nor allowed any person, firm, corporation, or association, or property to escape a just assessment or charge through favor or regard or otherwise.” Failure to subscribe the certificate to the record of assessments and charges, or any certificate, shall not affect the validity of any assessment or charge. (Amended by Stats. 2008, Ch. 562, Sec. 11. Effective January 1, 2009.)
  69. 3420.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    This section sets when oil and gas assessment charges are due, when they become delinquent, and what late-payment penalty and interest apply.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3420. (a) (1) No charges shall be levied for assessments on oil and gas production of less than ten dollars ($10). (2) The charges levied for assessments are due and payable on the first of July in each year for assessments of more than ten dollars ($10), but less than five hundred dollars ($500). The charges shall be delinquent if not paid on or before August 15th of each year. (3) The charges levied for assessments are due and payable on the first of July in each year for assessments of five hundred dollars ($500) or more. One-half of the charges shall be delinquent if not paid on or before August 15th of each year. The remaining one-half of the charges shall be delinquent if not paid on or before the first of February of the following year. (b) Idle well fee charges pursuant to Section 3206 are due and payable as specified pursuant to that section and are immediately delinquent if not paid as required. (c) Charges to an operator pursuant to Section 3226 for actual or estimated costs to perform work ordered are delinquent if not paid within 30 days after service of the accounting of costs. (d) Any person who fails to pay any charge within the time required shall pay a penalty of 10 percent of the amount due, plus interest at the rate of 11/2 percent per month, or fraction thereof, computed from the delinquent date of the assessment, idle well fee, or other charge pursuant to this chapter until and including the date of payment. (Amended by Stats. 2021, Ch. 707, Sec. 6. (AB 896) Effective January 1, 2022.)
  70. 3421.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Payments on a delinquent charge must be applied first to interest, then to penalties, then to the remaining charge.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3421. Every payment on a delinquent charge shall be applied as follows: (a) First, to any interest due on the charge. (b) Second, to any penalty imposed by this part. (c) The balance, if any, to the charge itself. (Added by Stats. 1990, Ch. 987, Sec. 3.)
  71. 3423.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    If a person does not pay a charge or penalty under this chapter when it is due, the unpaid amount becomes a perfected and enforceable state tax lien.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3423. (a) If any person fails to pay any charge or penalty imposed under this chapter at the time that it becomes due and payable, the amount thereof, including penalties and interest, together with any costs in addition thereto, shall thereupon be a perfected and enforceable state tax lien. Such a lien is subject to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code. (b) For the purpose of this section only, “due and payable” means the date the charges required to be paid pursuant to Section 3420 are assessed under this chapter. (Amended by Stats. 1980, Ch. 600, Sec. 8.)
  72. 3423.2.

    ## 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The Controller or an authorized representative may issue a warrant to collect charges, interest, and penalties and to enforce a lien, directed to the sheriff.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3423.2. A warrant may be issued by the Controller or his or her duly authorized representative for the collection of any charges, interest and penalties and for the enforcement of any such lien directed to the sheriff and shall have the same effect as a writ of execution. It may and shall be levied and sale made pursuant to it in the manner and with the same effect as a levy of and a sale pursuant to a writ of execution. (Amended by Stats. 1996, Ch. 872, Sec. 127. Effective January 1, 1997.)
  73. 3423.3.

    ## 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The owner of the land may redeem it from an execution sale within three years, after paying the required interest, penalties, and charges.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3423.3. Notwithstanding any provisions of law to the contrary, the owner of said land may redeem from any execution sale within a period of three years upon payment of interest, penalties and charges as provided in the case of other sales of real property under execution. (Added by Stats. 1979, Ch. 322.)
  74. 3423.4.

    ## 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The sheriff must receive specified fees, commissions, and expenses after completing services under a warrant, and the Controller may pay them.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3423.4. The sheriff shall receive, upon the completion of his or her services pursuant to a warrant, and the Controller is authorized to pay to him or her the same fees and commissions and expenses in connection with services pursuant to the warrant as are provided by law for similar services pursuant to a writ of execution; provided, that fees for publication in a newspaper shall be subject to approval by the Controller rather than by the court; the fees, commissions, and expenses shall be an obligation of the person or persons liable for the payment of the charges and may be collected from the person or persons by virtue of the warrant or in any other manner provided in this article for the collection of those charges. (Amended by Stats. 1996, Ch. 872, Sec. 128. Effective January 1, 1997.)
  75. 3423.6.

    ## 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    If a lien covers more than one parcel and the needed payment is made, the Controller may issue a certificate releasing the lien on charges, interest, penalties, and 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3423.6. In the event that the lien of the charges, penalties or interest attaches to real property from which the oil or gas is extracted and more than one parcel of property is included within the lien, the Controller may release by certificate pursuant to Section 7174 of the Government Code from the lien of said charges, interest, penalties, and costs, upon payment by the owner of any parcel or parcels of property of his proportionate share of the assessment of the oil or gas extracted from all land included within said lien owned by him. (Amended by Stats. 1980, Ch. 600, Sec. 9.)
  76. 3423.9.

    ## 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The state’s remedies under this article are cumulative, and the Controller’s actions cannot be treated as choosing one remedy instead of others.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3423.9. It is expressly provided that the remedies provided herein of the state shall be cumulative and that no action by the Controller shall be construed to be an election on the part of the state, or of any of its officers, to pursue any remedy hereunder to the exclusion of any other remedy for which provision is made in this article. (Added by Stats. 1979, Ch. 322.)
  77. 3424.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Charges assessed and levied must be paid to the State Treasurer when the Controller orders payment, and the Controller must record the payment.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3424. All charges assessed and levied shall be paid to the State Treasurer upon the order of the Controller. The Controller shall record the payment of any charge. (Amended by Stats. 1967, Ch. 529.)
  78. 3425.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The Controller may correct assessment-record errors or overcharges if the Department of Finance consents.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3425. Errors appearing upon the face of any assessment on the record of assessments, or overcharges may be corrected by the Controller, with the consent of the Department of Finance, in such manner as the Controller and the Department of Finance agree upon. (Enacted by Stats. 1939, Ch. 93.)
  79. 3426.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The Controller must file an action by May 30 after a charge becomes delinquent to collect unpaid delinquent charges or assessments, plus any penalties or costs, in the county where the assessed property is located.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3426. The Controller shall, on or before the thirtieth day of May next following the delinquency of any charge, bring an action in the name of the people of the State, in the county in which the property assessed is situated, to collect any delinquent charges or assessments, together with any penalties or costs, which have not been paid and which are shown as delinquent upon the record of assessments and charges. (Amended by Stats. 1977, Ch. 579.)
  80. 3427.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The Attorney General must commence and prosecute any such action through final judgment.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3427. The Attorney General shall commence and prosecute any such action to final judgment. (Amended by Stats. 2018, Ch. 349, Sec. 5. (AB 3257) Effective January 1, 2019.)
  81. 3428.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    A certified record of assessments and charges is prima facie evidence of unpaid charges, related penalties and costs, and of compliance with the assessment laws.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3428. In such actions the record of assessments and charges, or a copy of so much thereof as is applicable, duly certified by the Controller, showing unpaid charges against any person assessed by the department, is prima facie evidence of the assessment, the delinquency, the amount of charges, penalties, and costs due and unpaid, that the person is indebted to the people of the State of California in the amount of charges and penalties therein appearing unpaid, and that all forms of law in relation to the assessment of the charges have been complied with. The provisions of the Code of Civil Procedure relating to service of summons, pleadings, proofs, trials, and appeals are applicable to the proceedings. (Amended by Stats. 1977, Ch. 579.)
  82. 3429.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Penalties, charges, or a judgment amount recovered in the action must be paid to the State Treasurer.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3429. Payment of the penalties and charges, or the amount of the judgment recovered in the action, shall be made to the State Treasurer. (Enacted by Stats. 1939, Ch. 93.)
  83. 3430.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    A person who paid these charges under protest may sue the State Treasurer to recover all or part of the amount, but only if a written protest was filed with the State Controller when payment was 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3430. Any person claiming and protesting that the assessment made or charges assessed against him are void, in whole or in part, may bring an action against the State Treasurer for the recovery of the whole or any part of the charges, penalties, or costs paid on such assessment, upon the grounds stated in his protest. No action may be brought later than the third Monday in February next following the day upon which the charges were due, and unless the person has filed with the State Controller, at the time of payment of the charges, a written protest stating whether the whole assessment or charge is claimed to be void, or if a part only, what part, and the grounds upon which the claim is founded. When so paid under protest the payment shall not be regarded as voluntary. (Enacted by Stats. 1939, Ch. 93.)
  84. 3431.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    If an action is brought under Section 3430, the complaint and summons must be served on specified officials. The treasurer may also demand trial in the Superior Court of Sacramento County, and that demand must be granted.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3431. Whenever an action is commenced under the provisions of Section 3430, a copy of the complaint and of the summons shall be served upon the treasurer or his deputy and upon the supervisor or his deputy and upon the Attorney General or his deputy. At the time the treasurer demurs or answers, he may demand that the action be tried in the Superior Court of the County of Sacramento, which demand shall be granted. (Amended by Stats. 1955, Ch. 1670.)
  85. 3432.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The Attorney General must defend the action, and related civil procedure rules on pleadings, proofs, trials, and appeals apply to these 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3432. (a) The Attorney General shall defend the action. (b) The provisions of the Code of Civil Procedure relating to pleadings, proofs, trials, and appeals are applicable to these proceedings. (Amended by Stats. 2019, Ch. 497, Sec. 215. (AB 991) Effective January 1, 2020.)
  86. 3433.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Missing the section 3430 deadline bars recovery of the charges, and the court may award the plaintiff any void and already-paid charges, penalties, or 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 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3433. Failure to begin the action within the time specified in section 3430 is a bar to recovery of the charges. In any such action the court may render judgment for the plaintiff for any part or portion of the charge, penalties, or costs found to be void and paid by plaintiff upon the assessment. (Enacted by Stats. 1939, Ch. 93.)
  87. 3434.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    The department may issue a supplemental oil and gas assessment only if it finds the current estimate is insufficient, and not after March 1, 2025.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 7. Assessment and Collection of Charges [3400 - 3434] ( Article 7 enacted by Stats. 1939, Ch. 93. ) ## 3434. (a) If the department determines between June 15, 2024, and March 1, 2025, that the estimate made pursuant to Section 3410 of the amount of money that will be required to carry out the provisions of this chapter is insufficient for the current fiscal year, the department may assess and levy a supplemental assessment on oil and gas production to ensure that funds are available for the full amount of the adjusted cost estimate. The department shall not issue a supplemental assessment pursuant to this section after March 1, 2025. (b) Issuance of a supplemental assessment shall not affect the requirements and authorities for collecting unpaid assessments on oil and gas pursuant to this article. If the total amount collected under the assessment and any supplemental assessments exceed the total amount required to carry out the provisions of this chapter for the fiscal year, the excess shall be carried forward to reduce the assessment for the following year as an adjustment for savings pursuant to Section 3410. (c) If a supplemental assessment is issued pursuant to this section, the charges shall be computed in accordance with Sections 3402 and 3403, and the supplemental assessment shall be issued and collected in accordance with the requirements and authorities of this article with the following exceptions: (1) The department shall not assess and levy a supplemental assessment until at least 15 days after mailing notice of a pending supplemental assessment to each person subject to assessment pursuant to Section 3413. The requirement to assess and levy charges between March 1 and June 15 pursuant to Section 3413 does not apply to a supplemental assessment, but the department shall otherwise assess and levy the supplemental assessment in accordance with Section 3418. (2) The department shall provide the Controller with an update to the “Record of Assessments and Charges” required pursuant to Section 3418 to include the supplemental assessment. (3) The certificate delivered to the Controller in the previous year pursuant to Section 3419 may be relied upon for a supplemental assessment and an additional certificate is not required. (4) Notwithstanding subdivision (a) of Section 3420, charges under a supplemental assessment are due and payable 15 days after the assessment is mailed and shall be delinquent if not paid within 90 days after it is due and payable. Penalties described in subdivision (d) of Section 3420 shall apply to delinquent charges under a supplemental assessment. (5) The Controller’s collection action pursuant to Section 3426 for charges under a supplemental assessment shall be brought within 120 days after the charge under the supplemental assessment becomes delinquent. (6) An action pursuant to Section 3430 for the recovery of the whole, or any part of, the charges, penalties, or costs paid on a supplemental assessment pursuant to this section may be brought no later than the third Monday following the day upon which the charges became delinquent. The requirements of Section 3430 shall otherwise apply to an action for the recovery of the whole or any part of the charges, penalties, or costs paid on a supplemental assessment pursuant to this section. (d) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (e) Notwithstanding subdivision (d), the department may continue to pursue the collection of unpaid supplemental assessments, penalties, and interest after this section is repealed. (Added by Stats. 2024, Ch. 1002, Sec. 9. (AB 218) Effective September 30, 2024. Repealed as of January 1, 2027, by its own provisions.)
  88. 3450.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 8. Recommendation of Maximum Efficient Rates of Production [3450 - 3451] ( Article 8 added by Stats. 1955, Ch. 258. )

    Verify source ↗

    Oil producers’ committees may issue production recommendations, producers may comply with them, and the supervisor may join, disapprove, or issue recommendations when needed.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 8. Recommendation of Maximum Efficient Rates of Production [3450 - 3451] ( Article 8 added by Stats. 1955, Ch. 258. ) ## 3450. The Legislature takes notice of the existence of the Conservation Committee of California Oil Producers and of the fact that said committee for a number of years last past, in the interest of the conservation of oil and gas, has made recommendations of maximum efficient rates of production and for the intrapool distribution of such maximum efficient rates of production with respect to oil pools, capacity production from which pools would result in a loss of ultimate production. The Legislature declares that recommendations for such purpose are in the interest of the conservation of the oil and gas resources of this State and that it is lawful for said committee or any other committee of oil producers to issue such recommendations as to any such oil pool and for producers of oil to comply therewith or to agree to comply therewith, provided: (a) Copies of all such recommendations shall be currently delivered to the supervisor and shall be open to public inspection in the office of the supervisor; and (b) Any such committee shall make available to the supervisor its records, files, minutes, reports and other data pertaining to such recommendations. The supervisor in his discretion may join in any such recommendations or may express his disapproval thereof. The supervisor, in the absence of such recommendations by a committee of oil producers with respect to any of such pools, or if the supervisor deems any such recommendations to be insufficient or incorrect, may issue recommendations with respect to any such pools on said subject matter, and it shall be lawful for producers to comply therewith or to agree to comply therewith. Neither a disapproval by the supervisor nor a recommendation by him shall constitute a basis for implying any obligation for producers of oil to comply with such a disapproval or recommendation. Nothing herein contained shall be deemed to permit the production of gas in violation of Articles 5 and 6 of Chapter 1 and Chapter 2 of this division. (Added by Stats. 1955, Ch. 258.)
  89. 3451.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 8. Recommendation of Maximum Efficient Rates of Production [3450 - 3451] ( Article 8 added by Stats. 1955, Ch. 258. )

    Verify source ↗

    This section defines “Maximum Efficient Rate” (MER).

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 8. Recommendation of Maximum Efficient Rates of Production [3450 - 3451] ( Article 8 added by Stats. 1955, Ch. 258. ) ## 3451. “Maximum Efficient Rate,” commonly referred to as “MER,” is defined as the highest daily rate of production which can be sustained economically from a particular pool, from existing wells and facilities, for a reasonable period without loss of economically recoverable ultimate production of oil from such pool. (Added by Stats. 1957, Ch. 437.)
  90. 3460.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. )

    Verify source ↗

    This section defines key terms for used-oil recycling and preserves the Department of Toxic Substances Control’s authority to prohibit certain blending or dilution practices.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. ) ## 3460. (a) As used in this article: (1) “Used oil” has the same meaning as defined in subdivision (a) of Section 25250.1 of the Health and Safety Code. (2) “Recycle” means to prepare used oil for reuse as a petroleum product by refining, reclaiming, reprocessing, or other means, in order to attain the standards specified by paragraph (3) of subdivision (a) of Section 25250.1 of the Health and Safety Code. “Recycle” does not include the application of used oil to roads for the purpose of dust control or to the ground for the purpose of weed abatement. “Recycle” does not include incineration or burning of used oil as a fuel. (3) “Board” means the California Integrated Waste Management Board. (4) “Person” means any individual, private or public corporation, partnership, limited liability company, cooperative, association, estate, municipality, political or jurisdictional subdivision, or government agency or instrumentality. (b) The amendments made to this section by Chapter 1123 of the Statutes of 1987 do not affect the validity of any existing regulations of the Department of Toxic Substances Control relating to the management of used oil blended or diluted with virgin oil or any partially refined oil product as a hazardous waste, and do not affect the authority of the Department of Toxic Substances Control to prohibit blending or diluting used oil with an uncontaminated product to achieve the standards for recycled oil, as specified in paragraph (3) of subdivision (a) of Section 25250.1 of the Health and Safety Code. (Amended by Stats. 2000, Ch. 343, Sec. 21. Effective January 1, 2001.)
  91. 3462.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. )

    Verify source ↗

    The Legislature states that used automotive and industrial oil is a valuable resource that can be recycled, but large amounts are being improperly disposed of or used in ways that pollute and harm public health.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. ) ## 3462. The Legislature finds that almost 100 million gallons of used automotive and industrial oil are generated each year in the state; that used oil is a valuable petroleum resource which can be recycled; and that, in spite of this potential for recycling, significant quantities of used oil are wastefully disposed of or improperly used by means which pollute the water, land, and air and endanger the public health and welfare. (Added by Stats. 1977, Ch. 1158.)
  92. 3463.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. )

    Verify source ↗

    The Legislature states that used oil should be collected and recycled to the maximum extent possible using economically feasible and environmentally sound methods.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. ) ## 3463. It is the intent of the Legislature in enacting this article that used oil shall be collected and recycled to the maximum extent possible, by means which are economically feasible and environmentally sound, in order to conserve irreplaceable petroleum resources, preserve and enhance the quality of natural and human environments, and protect public health and welfare. (Added by Stats. 1977, Ch. 1158.)
  93. 3465.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. )

    Verify source ↗

    The board must run a public education program on used oil recycling and take related steps to promote collection, information, assistance, and procurement of rerefined oils.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. ) ## 3465. The board shall conduct a public education program to inform the public of the needs for and benefits of collecting and recycling used oil in order to conserve resources and preserve the environment. As part of this program, the board shall: (a) Adopt rules, in accordance with subdivision (a) of Section 3470, requiring any person who sells to a consumer more than 500 gallons of lubricating or other oil annually in containers for use off the premises to inform purchasers by posting at or near the point of purchase the locations of conveniently located collection facilities. Such rules shall provide that in a county wherein 5 percent or more of the population, as determined in accordance with the latest Bureau of the Census information, speak a specific primary language other than English, the signs shall be in such other language, as well as English. (b) Establish, maintain, and publicize a used oil information center that shall explain local, state, and federal laws and regulations governing used oil and inform holders of quantities of used oil on how and where used oil may be properly disposed. (c) Encourage the establishment of voluntary used oil collection and recycling programs and provide technical assistance and, whenever possible, financial assistance, to persons organizing such programs. (d) Encourage the procurement of rerefined automotive and industrial oils for all state and local uses, whenever such rerefined oils are available at prices competitive with those of new oil produced for the same purpose. (Added by Stats. 1977, Ch. 1158.)
  94. 3466.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. )

    Verify source ↗

    The board must prescribe guidelines for safe, conveniently located places to deposit used oil at no cost for people bringing no more than five gallons at a 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 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. ) ## 3466. (a) The board shall prescribe guidelines for providing safe and conveniently located facilities for the deposit of used oil by persons possessing not more than five gallons at one time at no cost to those persons. (b) The improper disposal of used oil pursuant to Section 25250.5 of the Health and Safety Code is prohibited and is subject to penalties pursuant to Article 8 (commencing with Section 25180) of Chapter 6.5 of Division 20 of the Health and Safety Code. (Repealed and added by Stats. 1986, Ch. 871, Sec. 4.5.)
  95. 3469.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. )

    Verify source ↗

    The board, state officers, and employees must encourage buying recycled oil products that are represented as substantially equivalent to products made from new oil.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. ) ## 3469. The board, and every state officer and employee, shall encourage the purchase of recycled oil products represented as substantially equivalent to products made from new oil in accordance with Section 3471. (Added by Stats. 1977, Ch. 1158.)
  96. 3470.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. )

    Verify source ↗

    The board must adopt, amend, and repeal its rules and regulations under the Government Code process, and it must coordinate with other state agencies to avoid duplicate reporting and information gathering.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. ) ## 3470. (a) All rules and regulations of the board shall be adopted, amended, and repealed in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (b) The board shall coordinate activities and functions with all other state agencies, including, but not limited to, the Department of Toxic Substances Control, the Department of Water Resources, and the State Water Resources Control Board, in order to avoid duplication in reporting and information gathering. (Amended by Stats. 2000, Ch. 343, Sec. 22. Effective January 1, 2001.)
  97. 3473.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. )

    Verify source ↗

    If any part of this article is invalid, the rest still applies if it can work without the invalid part.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1. Oil and Gas Conservation [3000 - 3473] ( Chapter 1 enacted by Stats. 1939, Ch. 93. ) ## ARTICLE 9. Used Oil Recycling Act [3460 - 3473] ( Article 9 added by Stats. 1977, Ch. 1158. ) ## 3473. If any provision of this article or the application of it to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (Added by Stats. 1977, Ch. 1158.)
  98. 3475.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    This chapter is named the Used Oil Collection Demonstration Grant Program Act of 1990.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3475. This chapter shall be known and may be cited as the Used Oil Collection Demonstration Grant Program Act of 1990. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  99. 3476.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    The definitions in this article control how this chapter is interpreted.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3476. The definitions in this article govern the construction of this chapter. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  100. 3477.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    This section defines “administrative costs” as costs directly associated with regulating implementation of a used oil collection project.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3477. “Administrative costs” means those costs directly associated with regulation of the implementation of a used oil collection project. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  101. 3477.1.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    This section defines “Board” as the California Integrated Waste Management Board.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3477.1. “Board” means the California Integrated Waste Management Board. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  102. 3477.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    This section defines “capital outlay” for used oil collection projects.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3477.5. “Capital outlay” means those costs directly associated with the purchase of equipment necessary to implement a used oil collection project. The costs may include, but are not limited to, the cost of material and labor associated with the installation of that equipment. Capital outlay does not include land acquisition costs. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  103. 3478.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    This section defines “local agency” as a city, county, or city and county.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3478. “Local agency” means a city, county, or city and county. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  104. 3479.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    A “used oil collection project” is a local agency project to encourage collecting, recycling, and properly disposing of household used oil.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 1. Short Title and Definitions [3475 - 3479] ( Article 1 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3479. “Used oil collection project” means a project undertaken by a local agency to encourage the collection, recycling, and proper disposal of used oil generated at households. “Used oil collection project” includes, but is not limited to, integration of used oil collection into existing curbside collection programs, retrofitting of solid waste collection equipment to promote curbside collection programs, and a public education and awareness program to promote opportunities for, and to educate the public as to the benefits from, the recycling of used oil. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  105. 3480.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    The board must run a used oil grant program, adopt rules for the chapter, provide grant applications, and adopt emergency regulations for administering the chapter.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3480. (a) The board shall develop and administer a used oil grant program. The board shall adopt regulations for the administration of this chapter and make grant applications available. (b) The board shall adopt emergency regulations for the administration of this chapter in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The regulations shall be deemed to be emergency regulations, and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of public peace, health and safety, or general welfare. (Amended by Stats. 1991, Ch. 586, Sec. 1. Effective October 7, 1991.)
  106. 3481.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    This section states that the grant program aims to encourage public used oil collection projects and support household used-oil collection, recycling, and proper disposal.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3481. The purpose of the used oil collection demonstration grant program is to encourage the establishment of public used oil collection projects and to provide capital outlay and other costs to provide households with the capability of collection used oil generated in those households and to encourage the collection, recycling, and proper disposal of used oil. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  107. 3482.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    A local agency may not spend more than 5% of any grant on administrative costs, and the board may not spend more than 10% of grant-program funds on administrative costs.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3482. (a) A local agency shall not use more than 5 percent of any grant for administrative costs. (b) The board shall not use more than 10 percent of funds made available for the grant program under this chapter for administrative costs. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  108. 3483.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    The board must establish criteria for granting funds for used oil collection projects run by local agencies.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3483. The board shall establish criteria for the granting of funds for used oil collection projects conducted by local agencies, including, but not limited to, information relating to proposed project costs and capital outlay. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  109. 3484.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    Local agencies with qualifying used oil curbside collection projects may get grants to expand and upgrade them, but grant money cannot replace existing funding and a local government grant cannot exceed $75,000.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3484. (a) Local agencies which have established public used oil curbside collection projects on or before January 1, 1991, are eligible for grants under this article to expand and upgrade those projects. Grant funds shall not be utilized to replace current funding sources. (b) The grant to any local government shall not exceed seventy-five thousand dollars ($75,000) per grant. Local agencies may pool their grant funds to implement coordinated or complementary used oil collection projects. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  110. 3485.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    Grant funds must be made available competitively to local agencies when grant requests exceed available funds.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3485. Grant funds shall be made available on a competitive basis to local agencies if requests for grants exceed available funds. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  111. 3485.5.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    Grant applications must be evaluated using four listed criteria.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3485.5. The following criteria shall be used to evaluate grant applications: (a) The need for a used oil collection project within a jurisdiction. (b) The commitment of local agency funds to the used oil collection project. (c) The commitment of the local agency to continue the used oil collection project after state funding has expired. (d) The consideration given to a curbside used oil collection program. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  112. 3486.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    The board must determine what grant applications must contain and how those applications will be evaluated.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3486. The board shall determine the contents of grant applications and the methods for evaluating the applications. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  113. 3487.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    The board must evaluate each grant application, award the grant based on that evaluation, and notify the applicant of approval or denial on or before January 1, 1992.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3487. The board shall evaluate each grant application for its potential to satisfy the requirements of this chapter and shall award the grant based on the evaluation. The board shall notify the applicant of the approval or denial of the grant application on or before January 1, 1992. (Added by renumbering Section 3787 by Stats. 1991, Ch. 1091, Sec. 127.)
  114. 3489.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    Local agencies that use these grant funds must follow reporting and notification regulations, provide containment capacity for used oil storage, and provide security to reduce vandalism and improper disposal.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3489. A local agency that establishes or otherwise expends grant funds provided pursuant to this chapter shall: (a) Comply with the requirements in the regulations concerning notification and reporting. (b) Provide adequate containment capacity for the containers or tanks used to store used oil in the case of a leak or spill. (c) Provide sufficient security for centers to minimize vandalism and improper disposal of hazardous substances into used oil containers. (Amended by Stats. 1991, Ch. 586, Sec. 2. Effective October 7, 1991.)
  115. 3490.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    Used oil storage containers must be kept in good condition and meet any applicable design and construction standards.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 2. Grants for Used Oil Collection Demonstration Projects [3480 - 3490] ( Article 2 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3490. Storage containers, such as drums and tanks, used to store used oil shall be in good condition and shall meet any applicable design and construction standards. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  116. 3491.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 3. Financing [3491 - 3494] ( Article 3 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    This section creates the Used Oil Collection Demonstration Grant Fund in the State Treasury and continuously appropriates its money to the board for this chapter’s purposes.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 3. Financing [3491 - 3494] ( Article 3 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3491. There is hereby created in the State Treasury the Used Oil Collection Demonstration Grant Fund. Notwithstanding Section 13340 of the Government Code, the money in the Used Oil Collection Demonstration Grant Fund is continuously appropriated to the board for the purposes of this chapter. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  117. 3492.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 3. Financing [3491 - 3494] ( Article 3 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    The board may not make a grant from these funds unless the applicant has access to matching support equal to 50% of project costs from other public or private sources.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 3. Financing [3491 - 3494] ( Article 3 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3492. (a) Notwithstanding Sections 13340 and 16361 of the Government Code, and to the extent permitted by federal law, the sum of one million dollars ($1,000,000) of money in the Federal Trust Fund, created pursuant to Section 16360 of the Government Code, received by the state from federal oil overcharge funds in the Petroleum Violation Escrow Account, is hereby transferred to the Used Oil Collection Demonstration Grant Fund. (b) No grant shall be made by the board from funds appropriated pursuant to subdivision (a) unless an amount equal to 50 percent of the costs of the project is made available to the applicant from other public or private sources for the project. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  118. 3494.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 3. Financing [3491 - 3494] ( Article 3 added by Stats. 1990, Ch. 1657, Sec. 2. )

    Verify source ↗

    Funds from the Petroleum Violation Escrow Account must be transferred by the Controller, and the Director of Finance must approve which court judgment or federal agency order is the proper source of the funds.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 1.5. Used Oil Collection Demonstration Program [3475 - 3494] ( Chapter 1.5 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## ARTICLE 3. Financing [3491 - 3494] ( Article 3 added by Stats. 1990, Ch. 1657, Sec. 2. ) ## 3494. Funds transferred from the Petroleum Violation Escrow Account by this article shall be transferred by the Controller, subject to approval by the Director of Finance as to which court judgment or federal agency order is the proper source of those funds. (Added by Stats. 1990, Ch. 1657, Sec. 2.)
  119. 3500.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 2. Wasting of Natural Gas [3500 - 3503] ( Chapter 2 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    All persons, firms, corporations, and associations are prohibited from wilfully allowing natural gas to escape wastefully into the atmosphere.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 2. Wasting of Natural Gas [3500 - 3503] ( Chapter 2 enacted by Stats. 1939, Ch. 93. ) ## 3500. All persons, firms, corporations, and associations are prohibited from wilfully permitting natural gas wastefully to escape into the atmosphere. (Enacted by Stats. 1939, Ch. 93.)
  120. 35000.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 1. General Provisions [35000 - 35003] ( Chapter 1 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    This division may be cited as the Coastal Resources and Energy Assistance Act.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 1. General Provisions [35000 - 35003] ( Chapter 1 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35000. This division shall be known and may be cited as the Coastal Resources and Energy Assistance Act. (Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
  121. 35001.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 1. General Provisions [35000 - 35003] ( Chapter 1 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    The Legislature declares it essential for the state, working with local governments, to invest part of certain federal revenues in protecting and managing renewable ocean and coastal resources.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 1. General Provisions [35000 - 35003] ( Chapter 1 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35001. The Legislature finds and declares that it is essential that the state, in cooperation with local governments, invest a portion of federal revenues derived from the extraction of publicly owned, nonrenewable offshore energy resources for the sound protection and management of the state’s renewable ocean and coastal resources. (Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
  122. 35002.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 1. General Provisions [35000 - 35003] ( Chapter 1 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    The Legislature states that offshore leasing activities are putting more pressure on state and local governments to plan for and manage ocean and coastal impacts from offshore oil and gas development.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 1. General Provisions [35000 - 35003] ( Chapter 1 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35002. The Legislature further finds and declares that the federal government’s accelerated and expanded federal offshore leasing program, in conjunction with the State Lands Commission’s submerged lands leasing program, have placed a greater strain on state and local government efforts to plan for and manage the ocean and coastal impacts caused by offshore oil and gas development. (Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
  123. 35003.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 1. General Provisions [35000 - 35003] ( Chapter 1 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    The provision says state funds from offshore energy revenues should be used to support coastal counties, cities, and local governments.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 1. General Provisions [35000 - 35003] ( Chapter 1 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35003. The Legislature further finds and declares, therefor, that a portion of federal revenues derived from the extraction of offshore energy resources should be expended by the state to further the following goals: (a) Provision of financial assistance to coastal counties and cities affected by federal and state offshore energy development. (b) Assistance to local governments to exercise their responsibility for improving the management of the state’s coastal resources. (Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
  124. 3501.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 2. Wasting of Natural Gas [3500 - 3503] ( Chapter 2 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    People who control a gas well must seal it when it is abandoned, and landowners may not willfully let gas escape wastefully or unnecessarily.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 2. Wasting of Natural Gas [3500 - 3503] ( Chapter 2 enacted by Stats. 1939, Ch. 93. ) ## 3501. Any person, firm, corporation, or association who digs, drills, excavates, constructs, or owns, or controls a well from which natural gas flows shall, upon the abandonment of the well, cap or otherwise close the mouth of or entrance to the well in such a manner as to prevent the unnecessary or wasteful escape of natural gas into the atmosphere. No person, firm, corporation, or association who owns or controls land in which such a well is situated shall wilfully permit natural gas flowing from the well wastefully or unnecessarily to escape into the atmosphere. (Enacted by Stats. 1939, Ch. 93.)
  125. 3502.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 2. Wasting of Natural Gas [3500 - 3503] ( Chapter 2 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    A person, firm, corporation, or association that willfully violates this chapter commits a misdemeanor and can be fined up to $1,000, jailed up to one year, or both.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 2. Wasting of Natural Gas [3500 - 3503] ( Chapter 2 enacted by Stats. 1939, Ch. 93. ) ## 3502. Any person, firm, corporation, or association who wilfully violates any of the provisions of this chapter is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. (Enacted by Stats. 1939, Ch. 93.)
  126. 35020.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 2. Definitions [35020 - 35024] ( Chapter 2 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    “Coastal city” means a city or port district located in whole or part within the coastal zone.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 2. Definitions [35020 - 35024] ( Chapter 2 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35020. “Coastal city” means a city or port district which lies, in whole or in part, within the coastal zone. (Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
  127. 35021.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 2. Definitions [35020 - 35024] ( Chapter 2 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    This section defines “coastal county” as a county or city and county that lies, in whole or in part, within the coastal zone.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 2. Definitions [35020 - 35024] ( Chapter 2 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35021. “Coastal county” means a county or city and county which lies, in whole or in part, within the coastal zone. (Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
  128. 35022.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 2. Definitions [35020 - 35024] ( Chapter 2 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    This section defines “coastal zone” by referring to the coastal zone as defined in Section 30103.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 2. Definitions [35020 - 35024] ( Chapter 2 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35022. “Coastal zone” means the coastal zone as defined in Section 30103. (Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
  129. 35023.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 2. Definitions [35020 - 35024] ( Chapter 2 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    This section defines “local coastal program” as a local coastal program defined in Section 30108.6.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 2. Definitions [35020 - 35024] ( Chapter 2 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35023. “Local coastal program” means a local coastal program as defined in Section 30108.6. (Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
  130. 35024.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 2. Definitions [35020 - 35024] ( Chapter 2 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    This section defines “Secretary” as the Secretary of the Resources Agency.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 2. Definitions [35020 - 35024] ( Chapter 2 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35024. “Secretary” means the Secretary of the Resources Agency. (Added by Stats. 1991, Ch. 1027, Sec. 2.)
  131. 3503.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 2. Wasting of Natural Gas [3500 - 3503] ( Chapter 2 enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    Each day that natural gas is wilfully allowed to escape into the atmosphere wastefully or unnecessarily counts as a separate violation.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 2. Wasting of Natural Gas [3500 - 3503] ( Chapter 2 enacted by Stats. 1939, Ch. 93. ) ## 3503. Each day during which natural gas is wilfully allowed wastefully or unnecessarily to escape into the atmosphere is a separate and distinct violation of this chapter. (Enacted by Stats. 1939, Ch. 93.)
  132. 35030.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 3. Coastal County and City Offshore Energy Assistance [35030 - 35034] ( Chapter 3 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    The secretary must award grants to coastal counties and cities for offshore energy-related planning and related activities, and counties and cities must submit a spending report and hold a public review process before receiving the grants.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 3. Coastal County and City Offshore Energy Assistance [35030 - 35034] ( Chapter 3 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35030. (a) The secretary, after consulting with the California Coastal Commission and the State Lands Commission concerning offshore energy activities, shall award grants to coastal counties and cities to be used for the purposes of planning, assessment, mitigation, permitting, monitoring and enforcement, public services and facilities, and for other activities related to offshore energy development, consistent with the requirements of the state’s coastal management program. (b) Prior to receiving grants under this chapter, each coastal county and city shall submit a report to the secretary describing how the funds are to be expended. Before submitting the report, each coastal county and city shall provide opportunities for the public to review and comment on the report and shall hold at least one public hearing on the report. (Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
  133. 35031.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 3. Coastal County and City Offshore Energy Assistance [35030 - 35034] ( Chapter 3 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    The secretary may award unused appropriated funds for technical and financial assistance to eligible coastal counties and cities, and that assistance must be made available for listed coastal management activities.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 3. Coastal County and City Offshore Energy Assistance [35030 - 35034] ( Chapter 3 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35031. Any funds appropriated in accordance with this chapter and not expended as described in Section 35030, may be awarded by the secretary for technical and financial assistance to coastal counties and cities with approved local coastal programs to help them exercise effectively their responsibility for improving the management of the state’s coastal resources. Technical and financial assistance shall be made available to coastal counties and cities to do any of the following: (a) Protect wetlands, flood plains, estuaries, beaches, dunes, and fish and wildlife and their habitat within coastal areas. (b) Minimize the loss of life and property in coastal flood-prone, storm surge, geologic hazard, and erosion-prone areas. (c) Provide public access to the coast for recreational purposes, to acquire coastal view sheds, and to preserve, maintain, and restore historic, cultural, and aesthetic coastal sites. (d) Facilitate the process for siting major facilities along the coast related to fisheries, recreation, and ports and other coastal dependent commercial uses, giving full consideration to environmental concerns as well as the need for economic development. (e) Promote other coastal management improvements determined by the secretary to be consistent with the state’s coastal management program. (Amended by Stats. 1996, Ch. 977, Sec. 1. Effective January 1, 1997.)
  134. 35032.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 3. Coastal County and City Offshore Energy Assistance [35030 - 35034] ( Chapter 3 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    The secretary must work with the California Coastal Commission to create and carry out a competitive application process for awarding coastal counties and cities financial and technical assistance, and must review that process each year when funds are appropriated.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 3. Coastal County and City Offshore Energy Assistance [35030 - 35034] ( Chapter 3 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35032. On or before April 15, 1997, the secretary, in cooperation with the California Coastal Commission, shall develop and implement a competitive application process to award coastal counties and cities financial and technical assistance pursuant to this chapter. Thereafter, the secretary shall review that process by April 15 of each year that funds are appropriated pursuant to this chapter. (Amended by Stats. 1996, Ch. 977, Sec. 2. Effective January 1, 1997.)
  135. 35033.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 3. Coastal County and City Offshore Energy Assistance [35030 - 35034] ( Chapter 3 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    Financial assistance to local governments under this chapter cannot be more than 90% of project cost.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 3. Coastal County and City Offshore Energy Assistance [35030 - 35034] ( Chapter 3 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35033. Any financial assistance provided to local governments under this chapter may not exceed 90 percent of the cost of carrying out the project. Commencing in the 1997 calendar year and in each calendar year thereafter, 50 percent of the amount of funds received by the state pursuant to Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. Sec. 1337(g)) over the amount of funds so received in the 1996 calendar year shall be available, on an annual basis, for appropriation to the secretary for grants to coastal counties and cities pursuant to this chapter. (Amended by Stats. 1996, Ch. 977, Sec. 3. Effective January 1, 1997.)
  136. 35034.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 3. Coastal County and City Offshore Energy Assistance [35030 - 35034] ( Chapter 3 added by Stats. 1991, Ch. 1027, Sec. 2. )

    Verify source ↗

    The secretary must review and assess county and city expenditures under this program every year. Up to $100,000 in annual appropriated funds may be used for administrative costs, including up to $50,000 for California Coastal Commission costs tied to grant application review.

    ## Public Resources Code - PRC ## DIVISION 25. COASTAL RESOURCES AND ENERGY ASSISTANCE [35000 - 35034] ( Division 25 repealed and added by Stats. 1991, Ch. 1027, Sec. 2. ) ## CHAPTER 3. Coastal County and City Offshore Energy Assistance [35030 - 35034] ( Chapter 3 added by Stats. 1991, Ch. 1027, Sec. 2. ) ## 35034. On an annual basis, the secretary shall review and assess county and city expenditures under this program. Not more than one hundred thousand dollars ($100,000) of the funds appropriated annually pursuant to this chapter may be used by the secretary to defray administrative costs and, of that amount, not more than fifty thousand dollars ($50,000) may be used to cover costs incurred by the California Coastal Commission in the review of grant applications pursuant to this chapter. (Amended by Stats. 1996, Ch. 977, Sec. 4. Effective January 1, 1997.)
  137. 35120.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 2. Creation of the Open-Space Authority [35120 - 35124] ( Chapter 2 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    This section creates the Santa Clara Valley Open-Space Authority, requires eligible cities to pass a resolution by January 15, 1993 if they want to be included, and excludes cities that do not participate.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 2. Creation of the Open-Space Authority [35120 - 35124] ( Chapter 2 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35120. The Santa Clara Valley Open-Space Authority is hereby created on February 1, 1993. The maximum jurisdiction of the authority shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authority’s jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. A city that fails to pass the resolution or that formally states its intent to not participate shall be excluded from the authority’s jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission. (Amended by Stats. 2015, Ch. 99, Sec. 5. (SB 422) Effective January 1, 2016.)
  138. 35121.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 2. Creation of the Open-Space Authority [35120 - 35124] ( Chapter 2 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    A city outside the authority’s jurisdiction must adopt a resolution if it wants to join the authority; annexation may follow, and if a special tax or assessment is to be extended, annexation is not complete until required notice, hearing, and election procedures are done.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 2. Creation of the Open-Space Authority [35120 - 35124] ( Chapter 2 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35121. (a) If, after the establishment of the authority’s boundaries pursuant to Section 35120, territory within the authority is annexed to a city which is outside the authority, that territory may be detached from the authority pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). (b) If, after the establishment of the authority’s boundaries pursuant to Section 35120, a city which is outside the authority’s jurisdiction desires to be included within the authority’s jurisdiction, the city shall adopt a resolution as provided in Section 35120. Following the adoption of the resolution, the territory within the city may be annexed to the authority pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). If the authority levies a special tax or an assessment and proposes to extend that special tax or assessment to the territory proposed to be annexed, the annexation shall not be complete until the authority complies with the procedures for levying the special tax or the assessment in that territory, including notice, hearing, and an election, in that territory, when required. (Amended by Stats. 2003, Ch. 296, Sec. 35. Effective January 1, 2004.)
  139. 35122.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 2. Creation of the Open-Space Authority [35120 - 35124] ( Chapter 2 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    A neighboring county’s board of supervisors must pass a resolution saying it wants to be included in the authority’s jurisdiction before territory in that county can be annexed to the authority.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 2. Creation of the Open-Space Authority [35120 - 35124] ( Chapter 2 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35122. Notwithstanding Section 35120, after the establishment of the authority’s boundaries, the boundaries of the authority may be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). The board of supervisors of the neighboring county shall pass a resolution stating its intent to be included within the authority’s jurisdiction before any territory in that county may be annexed to the authority. (Added by Stats. 2015, Ch. 99, Sec. 6. (SB 422) Effective January 1, 2016.)
  140. 35123.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 2. Creation of the Open-Space Authority [35120 - 35124] ( Chapter 2 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    Board member elections must be held at the statewide November election in the year the term ends, starting in 2008.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 2. Creation of the Open-Space Authority [35120 - 35124] ( Chapter 2 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35123. (a) Commencing in 2008, the elections of members of the governing board shall be held during the statewide election in November of the year that the term expires. (b) The elections and the terms of office of the members of the governing board shall be determined pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code). (c) Any vacancy in the office of a member of the governing board shall be filled pursuant to Section 1780 of the Government Code. (Repealed and added by Stats. 2007, Ch. 343, Sec. 22. Effective January 1, 2008.)
  141. 35124.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 2. Creation of the Open-Space Authority [35120 - 35124] ( Chapter 2 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    Board members may receive $75 per meeting, up to two meetings per calendar month, and may also recover actual and necessary expenses tied to official duties.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 2. Creation of the Open-Space Authority [35120 - 35124] ( Chapter 2 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35124. Each member of the governing board may receive compensation in the amount of seventy-five dollars ($75) for attending each meeting of the governing board, not to exceed two meetings in any calendar month, together with any actual and necessary expenses incurred in the performance of his or her official duties required or authorized by the governing board. The determination of whether a member’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for expenses is subject to Section 53232.2 and 53232.3 of the Government Code. (Repealed and added by Stats. 2007, Ch. 343, Sec. 24. Effective January 1, 2008.)
  142. 35130.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The governing board must choose a chairperson and vice chairperson at its first January meeting each year. The vice chairperson presides if the chairperson is absent, and if both are absent the members present must choose a member to act as chairperson pro tempore.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35130. At the first governing board meeting in January of each year, the governing board shall select a chairperson who shall preside at all meetings, and a vice chairperson, who shall preside in the absence of the chairperson. In the event of the absence of the chairperson and the vice chairperson, the members present, by an order entered into the minutes, shall select one of the members present to act as chairperson pro tempore, who, while so acting, has all of the authority of the chairperson. (Repealed and added by Stats. 2007, Ch. 343, Sec. 26. Effective January 1, 2008.)
  143. 35131.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The governing board must adopt rules for its proceedings, and those rules must be consistent with state law.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35131. The governing board shall adopt rules for its proceedings consistent with state law. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  144. 35132.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    A majority of the governing board members makes a quorum, and the authority’s official acts generally need an affirmative vote from a majority of those members.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35132. A majority of the members of the governing board constitute a quorum for the transaction of business. All official acts of the authority require the affirmative vote of a majority of the members of the governing board, unless otherwise provided in this division. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  145. 35133.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority’s acts must be expressed by its governing board through a motion, resolution, or ordinance.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35133. The acts of the authority shall be expressed by motion, resolution, or ordinance of its governing board. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  146. 35134.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The governing board must conduct all meetings under the rules in the cited Government Code chapter.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35134. All meetings of the governing board shall be conducted pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  147. 35135.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The governing board must adopt an annual budget, hire its own independent staff, set compensation, adopt an administrative code by ordinance, arrange at least annual audits, and do whatever else is needed to carry out the division’s purposes.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35135. The governing board shall do all of the following: (a) Adopt an annual budget following the public hearing required under Section 35136, hire an independent staff of its own, and fix the compensation of its officers and employees. (b) Adopt an administrative code, by ordinance, which prescribes the powers and duties of the authority officers, the method of appointment of the authority’s employees, and methods, procedures, and systems of operation and management of the authority. (c) Cause a postaudit of the financial transactions and records of the authority to be made at least annually by a certified public accountant. (d) Do any and all things necessary to carry out the purposes of this division. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  148. 35136.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The hearing notice for the annual budget must be published at least 30 days before the hearing, and the proposed annual budget must be available for public inspection at least 30 days before the hearing.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35136. (a) Notice of the time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than 30 days prior to the date of the hearing. (b) The proposed annual budget shall be available for public inspection at least 30 days prior to the hearing. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  149. 35137.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may contract with the Public Employees’ Retirement System to cover eligible employees, and those employees are entitled to the same benefits as state employees.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 3. Administration [35130 - 35137] ( Chapter 3 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35137. The authority may enter into a contract with the Board of Administration of the Public Employees’ Retirement System to include the employees of the authority in that retirement system who are eligible for membership therein, and the employees shall be entitled to the same benefits as state employees pursuant to Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code. (Amended by Stats. 2004, Ch. 69, Sec. 36. Effective June 24, 2004.)
  150. 35150.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may adopt a seal and change it whenever it chooses.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35150. The authority may adopt a seal and alter it at its pleasure. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  151. 35151.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may sue and be sued in competent courts and tribunals, unless another law provides otherwise.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35151. The authority may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  152. 35152.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may acquire, hold, use, lease, and dispose of property and easements, but it cannot convey property dedicated for open-space use without voter consent, except for certain leases up to 25 years.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35152. (a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authority’s jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property. (b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority. (c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section. (d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease. (Amended by Stats. 2024, Ch. 733, Sec. 1. (AB 2682) Effective January 1, 2025.)
  153. 35153.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may use eminent domain for needed property, but only with a four-fifths board vote and subject to several property exclusions and objection procedures.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35153. The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authority’s jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property that is already owned by a public agency for open-space use. For purposes of this section, “owned” includes a lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing board’s vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county that includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authority’s jurisdiction, the authority shall not exercise its right of eminent domain on that property. (Amended by Stats. 2015, Ch. 99, Sec. 8. (SB 422) Effective January 1, 2016.)
  154. 35154.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may exchange dedicated open-space real property if the governing board approves by a four-fifths vote, after a public hearing, and the replacement property is equal or greater in value and needed for open-space purposes.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35154. The authority may, upon a four-fifths vote of the governing board and after holding a public hearing pursuant to Section 6061 of the Government Code, exchange any real property dedicated and used for open-space purposes for real property that the governing board determines to be of equal or greater value and is necessary to be acquired for open-space purposes. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  155. 35155.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority must properly maintain property it acquires in a reasonable way that fits the natural conditions of the property and nearby surroundings.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35155. All property acquired by the authority shall be properly maintained in a reasonable fashion consistent with the natural conditions existing upon the properties, and those properties immediately surrounding it. This maintenance obligation does not hold the authority to a higher standard of care, but is simply a statement of a basic function of the authority. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  156. 35156.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may manage and improve lands and facilities for public recreation or agricultural activities, and may charge fees so long as they do not exceed the cost of providing services.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35156. The authority may plan, adopt, lay out, plant, develop, and otherwise improve, extend, control, operate, and maintain lands, trails, natural areas, and other facilities for public recreation or agricultural activities. The authority may impose fees for the utilization of its properties which do not exceed the cost of providing services. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  157. 35157.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    Claims for money or damages against the authority are governed by Division 3.6 of the Government Code, unless this division or another expressly applicable statute or regulation says otherwise.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35157. All claims for money or damages against the authority are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as provided in this division or by other statutes or regulations expressly applicable to this division. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  158. 35158.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may accept funds or donations and may seek government grants and private donations.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35158. The authority may accept funds or donations from any public or private source for the purposes of acquisition of open-space lands or for projects which are in furtherance of the authority’s open-space or greenbelting objectives within its jurisdiction. The authority may seek government grants and private donations. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  159. 35159.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The governing board may contract for certain goods and services, but many contracts above set dollar thresholds must be bid and awarded to the lowest responsible bidder or use formal/informal bidding rules.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35159. (a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement. The governing board may appoint a general manager to be the chief administrative officer of the authority, and the governing board may authorize the general manager to bind the authority, in accordance with governing board policy that has been adopted in an open meeting and without advertising, for contracts for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, approved by a general manager shall be reported to the governing board at its next regular meeting. (b) (1) Notwithstanding any other law, a contract for any services, supplies, equipment, or materials that exceeds fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder. A contract for any services, supplies, equipment, or materials of one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract for any services, supplies, equipment, or materials of more than one hundred thousand dollars ($100,000) shall be let by formal bidding procedures. (2) A contract for the construction, completion, maintenance, or repair of any building, structure, or improvement that exceeds twenty-five thousand dollars ($25,000) shall be contracted for and let to the lowest responsible bidder. A contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of seventy-five thousand dollars ($75,000) or less may be let by informal bidding procedures, but a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of more than seventy-five thousand dollars ($75,000) shall be let by formal bidding procedures. (3) If two or more bids, for a contract described in paragraph (1) or (2), are the same and the lowest, the governing board may accept the one it chooses. (4) If the governing board delegates authority in the manner specified in subdivision (a) for a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement, the decision by the chief administrative officer of the authority shall be binding on the authority, and all existing protest and grievance procedures regarding that decision remain valid. (5) (A) Notwithstanding paragraph (1), contracts for services, including, but not limited to, planning, consulting, legal, or appraisal services, or to contracts for services authorized to be procured pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, are not required to be contracted for or let to the lowest responsible bidder, if the governing board awards the contract to the most responsible and qualified bidder. (B) For purposes of this subdivision, “most responsible and qualified bidder” means the bidder deemed by the governing board that best fits the needs of the service contract or meets the criteria prescribed in subparagraph (C). (C) In determining the most responsible and qualified bidder, the governing board may use criteria, including, but not limited to, all of the following: (i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope. (ii) Experience and qualifications of personnel employed by the bidder. (iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service. (iv) Best overall financial return to the governing board on the contract. (v) In addition, for purposes of this paragraph, a responsible bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, and experience to satisfactorily perform the work or provide the goods required. (c) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. For purposes of contracts requiring formal bidding, notice shall be published at least twice, at least five days apart, in a newspaper of general circulation in the authority, or if there is none, it shall be posted in at least three public places in the authority. The notice shall distinctly state the nature of the contract. (d) The governing board may reject any bids. If the governing board rejects all bids, it may either readvertise or adopt a resolution, by four-fifths vote, declaring that the contract can be performed more economically by the employees of the authority or obtained at a lower price on the open market. Upon adoption of the resolution, the governing board may undertake the project without further complying with subdivisions (b) and (c). (e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive. (f) (1) In the case of an emergency, the governing board may adopt a resolution by a two-thirds vote of all the members of the governing board declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property. The governing board may expend any sum required in the emergency without submitting the expenditure to bid. (2) For purposes of this subdivision, “emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes a fire, a flood, an earthquake, or other soil or geologic movements, as well as a riot, an accident, or sabotage. (Amended by Stats. 2024, Ch. 733, Sec. 2. (AB 2682) Effective January 1, 2025.)
  160. 35160.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    With board approval, the Santa Clara Valley Open-Space Authority may use the design-build process to award certain contracts, and the $1,000,000 project minimum does not apply to it.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 4. Powers and Functions [35150 - 35160] ( Chapter 4 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35160. (a) Notwithstanding Section 35159 or any other law, upon approval by the board of directors of the Santa Clara Valley Open-Space Authority, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to award contracts for the construction, restoration, and improvement of buildings and facilities, the construction, restoration, and improvement of public access and recreation facilities, and nature-based infrastructure projects, including, but not limited to, habitat restoration projects, enhancement and remediation projects, and watershed, stream corridor, and pond improvement projects in that authority. (b) The minimum project limitation of one million dollars ($1,000,000), as described in subdivision (a) of Section 22162 of the Public Contract Code, shall not apply to the Santa Clara Valley Open-Space Authority. (c) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Santa Clara Valley Open-Space Authority and its board of directors. (Amended by Stats. 2023, Ch. 131, Sec. 181. (AB 1754) Effective January 1, 2024.)
  161. 35170.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority is meant to use funds from this chapter to add to existing local money used for open-space acquisition, preservation, or maintenance.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35170. The Legislature, by the enactment of this chapter, intends that the authority use any funds provided by this chapter to supplement existing local revenues being used for open-space acquisition, preservation, or maintenance purposes. The county and the cities within the jurisdiction of the authority are further encouraged to maintain their existing commitment of local funds for these purposes. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  162. 35171.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority must review open-space needs, solicit proposals, make and maintain an expenditure plan, and hold public hearings before adopting or amending it.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35171. (a) The authority shall review and assess the needs for acquisition, preservation, or maintenance of open-space lands. As part of this review and assessment, the authority shall solicit proposals from the cities in the county within the boundaries of the authority and from a citizens’ advisory committee, the membership of which shall be determined by the authority based upon criteria which provides a broad representation of interests within the authority’s jurisdiction. The membership of the citizens’ advisory committee shall reflect the cultural and ethnic diversity of the population within the authority’s jurisdiction. The authority shall adopt a procedure for evaluating these proposals in consultation with the cities and the citizens’ advisory committee in the authority’s jurisdiction. The entity submitting any proposal shall consider the impact the proposal may have on the availability of affordable housing. (b) Based on the evaluation, the authority shall prepare a plan for the expenditure of the revenues expected to be derived from funding provided for this division, together with other federal, state, local, and private improvements, and funding. (c) In addition to acquisition, preservation, or maintenance of open-space lands, the expenditure plan shall also include projections of revenues likely to be available in the next five years for capital, maintenance, and operational purposes. The expenditure plan shall establish general areas for acquisition without identifying specific parcels, and shall be periodically reviewed and amended. Before adoption or amendment of an expenditure plan, the authority shall conduct public hearings on that plan. No expenditure for open-space lands shall occur until the initial expenditure plan is approved. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  163. 35172.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may impose qualified special taxes, and if certain exemption and collection conditions are met, the authority and county tax collector have website and information-sharing duties.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35172. (a) Subject to Section 4 of Article XIII A of the California Constitution, the authority may impose qualified special taxes within the authority’s jurisdiction pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code and any other applicable procedures provided by law. (b) (1) As used in this section, “qualified special taxes” means special taxes that apply uniformly to all taxpayers or all real property within the authority’s jurisdiction, except that unimproved property may be taxed at a lower rate than improved property. “Qualified special taxes” may include taxes that provide for an exemption from those taxes for any or all of the following taxpayers: (A) Persons who are 65 years of age or older. (B) Persons receiving Supplemental Security Income for a disability, regardless of age. (C) Persons receiving Social Security Disability Insurance benefits, regardless of age, whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services. (2) “Qualified special taxes” does not include special taxes imposed on a particular class of property or taxpayers. (c) Any exemption granted pursuant to subdivision (b) shall remain in effect until the taxpayer becomes ineligible. If the taxpayer becomes ineligible for the exemption for any reason, a new exemption may be granted in the same manner. (d) (1) If the authority provides for an exemption for a qualified special tax pursuant to subdivision (b), and the authority contracts or enters into an agreement with the county to collect the qualified special tax within the authority’s jurisdiction, the authority shall annually provide to the tax collector of that county all of the following information: (A) A hyperlink to the location on the internet website of the authority that contains exemption information, if available. (B) A hyperlink to the location on the internet website of the authority that contains the application for the exemption, if available. (C) A telephone number to provide persons with exemption information or direct persons requesting exemption information. (2) If a county contracts or enters into an agreement with the authority to collect a qualified special tax for the authority and for which the authority provides for an exemption pursuant to subdivision (b), the tax collector of that county shall include a hyperlink, which shall be identified as “Parcel Tax Exemptions,” on the tax collector’s internet website home page to another location on the tax collector’s internet website that posts the hyperlinks and information provided by the authority in paragraph (1). (3) Paragraph (2) shall only apply when the authority provides the information to the tax collector required by paragraph (1). The tax collector shall not post any hyperlink to a location on the authority’s internet website that is invalid. (Repealed and added by Stats. 2024, Ch. 733, Sec. 4. (AB 2682) Effective January 1, 2025.)
  164. 35173.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may levy assessments under specified Streets and Highways Code assessment acts.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35173. The authority may levy assessments pursuant to the Improvement Act of 1911, Division 7 (commencing with Section 5000), the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500), and the Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the Streets and Highways Code. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  165. 35174.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may borrow money to pay for capital improvements, if it does so under the referenced Government Code chapter.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35174. The authority may incur indebtedness to finance capital improvements pursuant to Chapter 4 (commencing with Section 43600) of Division 4 of Title 4 of the Government Code. (Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
  166. 35175.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. )

    Verify source ↗

    The authority may finance facilities and issue bonds under this division, subject to the Mello-Roos Community Facilities Act of 1982.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 5. Funding [35170 - 35175] ( Chapter 5 added by Stats. 1992, Ch. 822, Sec. 1. ) ## 35175. The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code). (Added by Stats. 2024, Ch. 733, Sec. 5. (AB 2682) Effective January 1, 2025.)
  167. 35180.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. )

    Verify source ↗

    This chapter is named the Coyote Valley Conservation Program and may be cited by that name.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. ) ## 35180. This chapter shall be known, and may be cited, as the Coyote Valley Conservation Program. (Added by Stats. 2019, Ch. 356, Sec. 1. (AB 948) Effective January 1, 2020.)
  168. 35181.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. )

    Verify source ↗

    The authority may establish and administer the Coyote Valley Conservation Program.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. ) ## 35181. The authority may establish and administer the Coyote Valley Conservation Program to address the resource and recreational goals of the Coyote Valley, as provided in this chapter. (Added by Stats. 2019, Ch. 356, Sec. 1. (AB 948) Effective January 1, 2020.)
  169. 35182.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. )

    Verify source ↗

    The Legislature states that Coyote Valley has important agricultural, wildlife, recreational, climate, and other natural infrastructure value, and that creating the conservation program will support restoration, preservation, and recreation projects.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. ) ## 35182. The Legislature finds and declares all of the following: (a) Coyote Valley is a unique landscape providing agricultural, wildlife, recreational, climate, and other natural infrastructure benefits, covering an area of about 17,200 acres in southern Santa Clara County. (b) Coyote Valley is a resource of statewide significance. The Coyote Valley has been subject to intense development pressure and is in need of restoration, conservation, and enhancement. (c) Coyote Valley is bounded by and includes two of the fastest growing cities in California, the City of San Jose to the north and the City of Morgan Hill to the south. (d) Mushrooms, bell peppers, nursery crops, and other agricultural crops grown in Coyote Valley provide more than thirty million dollars ($30,000,000) of economic benefit each year. (e) Coyote Valley provides a critical corridor for wildlife migrating between the Santa Cruz Mountains and Diablo Range. (f) Residents of the City of San Jose and other nearby cities access the outdoors in Coyote Valley to view wildlife, and recreate and connect with nature and the community. (g) Coyote Valley’s natural resources provide opportunities for many climate and natural infrastructure benefits, including flood attenuation from improved wetlands, increased water supply from groundwater recharge, and carbon sequestration from natural and working lands. (h) Protection of Coyote Valley is a component of state and local efforts to preserve agriculture in the County of Santa Clara, including the Santa Clara Valley Agricultural Plan, the Santa Clara Valley Greenprint, state investments from the Sustainable Agricultural Lands Conservation Program, and a feasibility study funded by the State Coastal Conservancy. (i) The establishment of the Coyote Valley Conservation Program pursuant to this chapter will provide a necessary structure to implement restoration and preservation projects and recreational opportunities, and enhance the overall condition of Coyote Valley. (Added by Stats. 2019, Ch. 356, Sec. 1. (AB 948) Effective January 1, 2020.)
  170. 35183.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. )

    Verify source ↗

    This section defines several terms used in the chapter, including “Coyote Valley,” “Program,” “Program lands,” “Natural lands,” and “Working lands.”

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. ) ## 35183. For purposes of this chapter, the following definitions apply: (a) “Coyote Valley” means all areas southeast of a line drawn northeast to southwest through a point at the intersection of Coyote Creek and Metcalf Road, northeast to the first ridgeline of the Diablo Range, southwest to the first ridgeline of the Santa Cruz Mountains, and northwest of a line drawn northeast to southwest through a point at the intersection of Cochrane Road and Monterey Road, excluding all lands within the City of Morgan Hill’s Urban Service Area as of February 29, 2012. (b) “Natural lands” has the same meaning as the term is defined in paragraph (2) of subdivision (d) of Section 9001.5. (c) “Program” means the Coyote Valley Conservation Program. (d) “Program lands” means interests in real property acquired, managed, or subject to a project under this chapter. (e) “Working lands” has the same meaning as the term is defined in paragraph (1) of subdivision (d) of Section 9001.5. (Added by Stats. 2019, Ch. 356, Sec. 1. (AB 948) Effective January 1, 2020.)
  171. 35184.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. )

    Verify source ↗

    The authority may work with state, regional, and local partners to help achieve the program’s goals.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. ) ## 35184. The authority may collaborate with state, regional, and local partners to help achieve all of the following goals of the program: (a) To provide recreational opportunities, preserve open space, develop and maintain trails, restore, enhance, and preserve wildlife habitat and species, restore and preserve wetlands and agricultural lands, study, maintain, and preserve lands for groundwater recharge, watershed restoration, and natural floodwater conveyance, sequester greenhouse gases, and enhance resilience to climate change. (b) To provide public access to, and enjoyment and enhancement of, recreational and educational experiences on, program lands in a manner consistent with the protection of land and natural resources in the area. (Added by Stats. 2019, Ch. 356, Sec. 1. (AB 948) Effective January 1, 2020.)
  172. 35185.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. )

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    The authority has broad power to carry out this chapter and may acquire, manage, fund, and use property and projects to support conservation, recreation, habitat, agriculture, and wildlife connectivity.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. ) ## 35185. In carrying out the purposes of this chapter, and without limiting the express or implied powers of the authority as provided in this division, the authority shall have, and may exercise, all necessary rights and powers, expressed or implied, to achieve the goals of this chapter. The authority may do all of the following: (a) Acquire and dispose of interests and options in real property. (b) Undertake, maintain, or fund projects to implement site improvements, upgrade deteriorating facilities, or construct new facilities for outdoor recreation, public access, nature appreciation, and interpretation; historic and cultural preservation; protection, restoration, or enhancement of natural resources and habitat; or continuation or expansion of agricultural activities. (c) Provide technical assistance to landowners on practices to enhance the carbon sequestration or climate resilience benefits of natural and working lands. (d) Enhance wildlife connectivity across Highway 101, Monterey Road and other impediments to the movement of wildlife in the Coyote Valley through implementation of wildlife friendly culverts and overpasses, removal of fencing, and placement of wildlife crossing signage, or other means. (e) Provide for the management of program lands. (Added by Stats. 2019, Ch. 356, Sec. 1. (AB 948) Effective January 1, 2020.)
  173. 35186.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. )

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    People proposing certain development projects in Coyote Valley must notify the authority; the authority may also analyze the project’s environmental values and impacts.

    ## Public Resources Code - PRC ## DIVISION 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY [35100 - 35186] ( Heading of Division 26 amended by Stats. 2015, Ch. 99, Sec. 1. ) ## CHAPTER 6. Coyote Valley Conservation Program [35180 - 35186] ( Chapter 6 added by Stats. 2019, Ch. 356, Sec. 1. ) ## 35186. (a) A proponent or party to a proposed development project converting natural lands or working lands within Coyote Valley for a nonagricultural purpose shall provide notice to the authority of the proposed project. The authority may provide analysis of the environmental values and potential impacts of the proposed project. (b) Coyote Valley shall be acknowledged as an area of statewide significance in local planning documents developed or updated on or after January 1, 2020, affecting land use within Coyote Valley. (Added by Stats. 2019, Ch. 356, Sec. 1. (AB 948) Effective January 1, 2020.)
  174. 35500.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 1. General Provisions [35500 - 35515] ( Chapter 1 added by Stats. 2004, Ch. 719, Sec. 1. )

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    This division may be cited as the California Ocean Protection Act.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 1. General Provisions [35500 - 35515] ( Chapter 1 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35500. This division shall be known, and may be cited, as the California Ocean Protection Act. (Added by Stats. 2004, Ch. 719, Sec. 1. Effective January 1, 2005.)
  175. 35505.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 1. General Provisions [35500 - 35515] ( Chapter 1 added by Stats. 2004, Ch. 719, Sec. 1. )

    Verify source ↗

    This section states legislative findings about California’s ocean and coastal resources and the need for coordinated, science-based stewardship and protection.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 1. General Provisions [35500 - 35515] ( Chapter 1 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35505. The Legislature finds and declares all of the following: (a) California’s coastal and ocean resources are critical to the state’s environmental and economic security, and integral to the state’s high quality of life and culture. A healthy ocean is part of the state’s legacy, and is necessary to support the state’s human and wildlife populations. Each generation of Californians has an obligation to be good stewards of the ocean, to pass the legacy on to their children. (b) The ocean and coastal waters offshore of the state are unique and valuable natural resources that the state holds in trust for the people of California. The state of our ocean’s health is well documented. Reports such as the 1997 Resources Agency report, “California’s Ocean Resources: An Agenda for the Future,” the 2003 Pew Oceans Commission report, “America’s Living Oceans: Charting a Course for Sea Change,” and the United States Commission on Oceans Policy’s 2004 preliminary report, document degraded ocean values, due to coastal and ocean development, onshore and offshore pollution, certain fishing and aquaculture practices, and invasive species, among other things. (c) The preservation of the state’s ocean resources depends on healthy, productive, and resilient ocean ecosystems. The governance of ocean resources should be guided by principles of sustainability, ecosystem health, precaution, recognition of the interconnectedness between land and ocean, decisions informed by good science and improved understanding of coastal and ocean ecosystems, and public participation in decisionmaking. (d) Good governance and stewardship of ocean resources necessitate more efficient and effective use of public funds. (e) The state needs to coordinate governance and stewardship of the state’s ocean, to identify priorities, bridge existing gaps, and ensure effective and scientifically sound approaches to protecting and conserving the most important ocean resources. (f) The California Ocean Resources Management Act of 1990 (Division 27 (commencing with Section 36000)) establishes the California Ocean Resources Management Program. The mission of the program is to ensure comprehensive and coordinated management, conservation, and enhancement of the state’s ocean resources, for their intrinsic value and the benefit of current and future generations. (g) Terrestrial sources of ocean pollution in the state contribute to significant water quality degradation, causing deleterious impacts to public health and marine ecosystems, as well as coastal and recreational economics that are essential to the state’s future. (Added by Stats. 2004, Ch. 719, Sec. 1. Effective January 1, 2005.)
  176. 35510.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 1. General Provisions [35500 - 35515] ( Chapter 1 added by Stats. 2004, Ch. 719, Sec. 1. )

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    Public agencies must consider specified coastal and ocean protection principles when administering laws for coastal waters.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 1. General Provisions [35500 - 35515] ( Chapter 1 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35510. The Legislature finds and declares all of the following: (a) The coastal waters offshore of the state and the ocean ecosystems associated with those waters are natural resources that the state holds in trust for the people of the state. (b) It is the state’s policy that all public agencies shall consider the following principles in administering the laws established for the protection and conservation of coastal waters: (1) State decisions affecting coastal waters and the ocean environment should be designed and implemented to conserve the health and diversity of ocean life and ecosystems, allow and encourage those activities and uses that are sustainable, and recognize the importance of aesthetic, educational, and recreational uses. (2) The ocean ecosystem is inextricably linked to activities on land and all public agencies should consider the impact of activities on land that may adversely affect the health of the coastal and ocean environment. (3) It is the state’s policy to incorporate ecosystem perspectives into the management of coastal and ocean resources, using sound science, with a priority of protecting, conserving, and restoring coastal and ocean ecosystems, rather than managing on a single species or single resource basis. (4) A goal of all state actions shall be to improve monitoring and data gathering, and advance scientific understanding, to continually improve efforts to protect, conserve, restore, and manage coastal waters and ocean ecosystems. (5) State and local actions that affect ocean waters or coastal or ocean resources should be conducted in a manner consistent with protection, conservation, and maintenance of healthy coastal and ocean ecosystems and restoration of degraded ocean ecosystems. (6) Improving the quality of coastal waters and the health of fish in coastal waters should be a priority for the state. (Added by Stats. 2004, Ch. 719, Sec. 1. Effective January 1, 2005.)
  177. 35515.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 1. General Provisions [35500 - 35515] ( Chapter 1 added by Stats. 2004, Ch. 719, Sec. 1. )

    Verify source ↗

    This section states the purpose of the division: to coordinate state laws and institutions for protecting and conserving ocean resources.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 1. General Provisions [35500 - 35515] ( Chapter 1 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35515. The Legislature finds and declares that the purpose of this division is to integrate and coordinate the state’s laws and institutions responsible for protecting and conserving ocean resources, including coastal waters and ocean ecosystems, to accomplish all of the following objectives: (a) Provide a set of guiding principles for all state agencies to follow, consistent with existing law, in protecting the state’s coastal and ocean resources. (b) Encourage cooperative management with federal agencies, to protect and conserve representative coastal and ocean habitats and the ecological processes that support those habitats. (c) Improve coordination and management of state efforts to protect and conserve the ocean by establishing a cabinet level oversight body responsible for identifying more efficient methods of protecting the ocean at less cost to taxpayers. (d) Use California’s private and charitable resources more effectively in developing ocean protection and conservation strategies. (e) Provide for public access to the ocean and ocean resources, including to marine protected areas, for recreational use, and aesthetic, educational, and scientific purposes, consistent with the sustainable long-term conservation of those resources. (f) Identify scientific research and planning that is useful for the protection and conservation of coastal waters and ocean ecosystems, and coordinate and assist state agencies in addressing those needs. (Amended by Stats. 2007, Ch. 372, Sec. 1. Effective January 1, 2008.)
  178. 35550.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 2. Definitions [35550- 35550.] ( Chapter 2 added by Stats. 2004, Ch. 719, Sec. 1. )

    Verify source ↗

    This section defines terms used in the division, including Council, Fund, public agency, and sustainable/sustainability.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 2. Definitions [35550- 35550.] ( Chapter 2 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35550. Unless the context requires otherwise, the following definitions govern this division: (a) “Council” means the Ocean Protection Council established pursuant to Section 35600. (b) “Fund” means the California Ocean Protection Trust Fund established pursuant to Section 35650. (c) “Internationally accepted standards for sustainable seafood” means standards that meet all of the following criteria:(1) Meet or exceed the Guidelines for the Ecolabeling of Fish and Fishery Products from Marine Capture Fisheries promulgated by the Food and Agriculture Organization of the United Nations (FAO). (2) Conform to all of the following principles: (A) A fishery must be conducted in a manner that does not lead to overfishing or depletion of the exploited populations and, for those populations that are depleted, the fishery must be conducted in a manner that demonstrably leads to their recovery. (B) Fishing operations should allow for the maintenance of the structure, productivity, function, and diversity of the ecosystem, including habitat and associated dependent and ecologically related species on which the fishery depends. (C) The fishery is subject to an effective management system that respects local, national, and international laws and standards and incorporates institutional and operational frameworks that require use of the resource to be responsible and sustainable. (d) “Public agency” means a city, county, city and county, district, or the state or any agency or department of the state. (e) “Sustainable” and “sustainability” mean both of the following: (1) Continuous replacement of resources, taking into account fluctuations in abundance and environmental variability. (2) Securing the fullest possible range of present and long-term economic, social, and ecological benefits, while maintaining biological diversity. (Amended by Stats. 2009, Ch. 279, Sec. 2. (AB 1217) Effective January 1, 2010.)
  179. 35600.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. )

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    The section creates the Ocean Protection Council, sets the public members’ four-year terms, allows one reappointment, and gives members reimbursement and limited daily compensation.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35600. (a) The Ocean Protection Council is established in state government. The council consists of the Secretary of the Natural Resources Agency, the Secretary for Environmental Protection, the Chair of the State Lands Commission, and two members of the public appointed by the Governor. (b) The two public members shall each serve a term of four years, and may each be reappointed to one additional term. The public members of the board shall be appointed on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience in the protection and conservation of coastal waters and ocean ecosystems. One of the public members shall have a scientific professional background and experience in coastal and ocean ecosystems. (c) Except as provided in this section, members of the council shall serve without compensation. A member shall be reimbursed for actual and necessary expenses incurred in the performance of his or her duties, and in addition shall be compensated at one hundred dollars ($100) for each day during which the member is engaged in the performance of official duties of the council. Payment for actual and necessary expenses shall be paid only to the extent that those expenses are not provided or payable by another public agency. The total number of days for which a member shall be compensated may not exceed 25 days in any one fiscal year. (Amended by Stats. 2013, Ch. 356, Sec. 30. (SB 96) Effective September 26, 2013.)
  180. 35605.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. )

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    The Secretary of the Natural Resources Agency must serve as chairperson of the council, the Secretary for Environmental Protection must serve as vice chairperson, and the Assistant Secretary for Coastal Matters must be designated as the deputy secretary and also serve as executive director.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35605. The Secretary of the Natural Resources Agency shall serve as the chairperson of the council, and the Secretary for Environmental Protection shall serve as the vice chairperson of the council. The Assistant Secretary for Coastal Matters at the Natural Resources Agency shall be designated as the Deputy Secretary of the Natural Resources Agency for Ocean and Coastal Policy, and the deputy secretary shall also serve as the executive director for the council. (Amended by Stats. 2013, Ch. 356, Sec. 31. (SB 96) Effective September 26, 2013.)
  181. 35610.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. )

    Verify source ↗

    One Senator member and one Assembly member must meet with the council as nonvoting, ex officio members.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35610. One Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, shall meet with the council as nonvoting, ex officio members. (Added by Stats. 2004, Ch. 719, Sec. 1. Effective January 1, 2005.)
  182. 35612.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. )

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    The council must keep its meetings open to the public and may hold public events to gather advice.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35612. (a) The council’s meetings shall be open to the public. (b) The council may sponsor conferences, symposia, and other public forums, to seek a broad range of public advice when establishing priorities for ocean resource protection, enhancement, and restoration. (Added by Stats. 2004, Ch. 719, Sec. 1. Effective January 1, 2005.)
  183. 35615.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. )

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    The council must carry out a set of coordination, science, contracting, reporting, and legislative-recommendation duties for ocean protection.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35615. The council shall do all of the following: (a) (1) Coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems to improve the effectiveness of state efforts to protect ocean resources within existing fiscal limitations, consistent with Sections 35510 and 35515. (2) Establish policies to coordinate the collection, evaluation, and sharing of scientific data related to coastal and ocean resources among agencies. (3) (A) Establish a science advisory team of distinguished scientists to assist the council in meeting the purposes of this division. At the request of the council, the science advisory team may convene to identify, develop, and prioritize subjects and questions for research or investigation, and review and evaluate results of research or investigations to provide information for the council’s activities. (B) The science advisory team shall include scientists from a range of disciplines that are a part of the council’s purview. (C) The science advisory team shall provide an independent and timely analysis of reports and studies, identifying areas of scientific consensus or uncertainty, using the best available science by drawing on state, national, and international experts. (D) Scientists selected as members of the science advisory team shall serve without compensation, except for reimbursement of expenses and subject to the terms of an existing contract with the state. (4) Contract with the California Ocean Science Trust and other nonprofit organizations, ocean science institutes, academic institutions, or others that have experience in conducting the scientific and educational tasks that are required by the council. (5) Transmit the results of research and investigations to state agencies to provide information for policy decisions. (6) Identify and recommend to the Legislature changes in law needed to achieve the goals of this section. (b) (1) Identify changes in federal law and policy necessary to achieve the goals of this division and to improve protection, conservation, and restoration of ocean ecosystems in federal and state waters off the state’s coast. (2) Recommend to the Governor and the Legislature actions the state should take to encourage those changes in federal law and policy. (Amended by Stats. 2008, Ch. 179, Sec. 191. Effective January 1, 2009.)
  184. 35616.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. )

    Verify source ↗

    The council must develop and implement a coastal climate change adaptation, infrastructure, and readiness program, if funding is available.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35616. (a) Subject to the availability of funding, the council shall develop and implement a coastal climate change adaptation, infrastructure, and readiness program to do all of the following: (1) Recommend best practices and strategies to improve the climate change resiliency of the state’s coastal communities, infrastructure, and habitat. (2) Coordinate with the State Coastal Conservancy, the Santa Monica Mountains Conservancy, the San Diego River Conservancy, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and other state entities as needed to develop criteria to prioritize the types of projects needed to improve climate change resiliency in the coastal zone. (3) Collaborate with California State University, Long Beach and other universities, scientists, and nongovernmental organizations involved in climate change activities covering areas along the Pacific Rim to facilitate information sharing regarding coastal climate change adaptation, infrastructure, and readiness, including providing information to the Office of Planning and Research to be considered for inclusion into the clearinghouse established pursuant to Sections 71354 and 71360. (b) The council shall use existing staff, resources, databases, and information contained in reports and other documents, including, but not limited to, the “Safeguarding California Plan: 2018 Update” and the Office of Planning and Research Integrated Climate Adaptation and Resiliency Program, to develop and implement the program required under subdivision (a). (Added by Stats. 2019, Ch. 374, Sec. 3. (SB 576) Effective January 1, 2020.)
  185. 35617.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. )

    Verify source ↗

    The Ocean Protection Council must create and run a voluntary sustainable seafood promotion program, with several required components.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35617. (a) The Ocean Protection Council shall develop and implement a voluntary sustainable seafood promotion program for the state. (b) The program shall consist of all of the following: (1) A protocol to guide entities on how to be independently certified to internationally accepted standards for sustainable seafood. The protocol and any substantive amendments or revisions to the protocol shall be developed in a transparent process and adopted by the council in a public meeting. The council shall identify in a public document that the provisions of subdivision (c) of Section 35550 have been met. (2) (A) A marketing assistance program for seafood caught in California that is independently certified to internationally accepted standards for sustainable seafood. The council shall consult with the Department of Food and Agriculture in implementing this paragraph. (B) Consistent with subparagraph (A), the marketing assistance program shall consist of competitive grants and loans for discrete and limited activities to benefit participants in the fishing industry in California. (3) A competitive grant and loan program, only in years in which funds are appropriated by the Legislature to the California Ocean Protection Trust Fund, for eligible entities, including, but not limited to, fishery groups and associations, for the purpose of assisting California fisheries in qualifying for certification to internationally accepted standards for sustainable seafood. This program may be implemented in coordination with other state and private programs to maximize its effectiveness. (4) The design of a label or labels that may be used exclusively to identify seafood caught in California that is certified to internationally accepted standards as sustainable seafood. (c) Seafood produced through aquaculture or fish farming shall not be certified as sustainable under this division until nationally or internationally accepted sustainability standards have been developed and implemented. (d) The program, each component of the program, and actions taken by the council to implement the program are based upon voluntary actions initiated by entities pursuant to this section and are not regulations as defined in Section 11342.600 of the Government Code. (Amended by Stats. 2011, Ch. 273, Sec. 1. (AB 337) Effective January 1, 2012.)
  186. 35620.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. )

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    The council must support state agencies’ use and sharing of scientific and geospatial information for coastal and ocean decisionmaking, and state agencies with ocean or coastal interests must cooperate with the council.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35620. (a) Consistent with this chapter, and subject to the availability of funding, the council shall support state agencies’ use and sharing of scientific and geospatial information for coastal- and ocean-relevant decisionmaking, including marine spatial planning, by taking all of the following actions: (1) Assess the needs of California’s public agencies with respect to their abilities to gather, manage, use, and share information and decision-support tools relevant to ecosystem-based management in the coastal and ocean environment. (2) Subject to a determination of need in paragraph (1) and in consultation with the relevant coastal or ocean management agency, increase the amount of baseline scientific and geospatial information that is available to public agencies in a publicly accessible, electronic, and geospatial format with respect to the following aspects of coastal and ocean ecosystems: (A) Ecosystem health, structure, functioning, productivity, resilience, and vulnerability to threats. (B) The effects of climate change. (C) The cumulative effects of human-caused and natural sources of stress. (D) Existing and predicted patterns of human activities, including activities that present conflicting or compatible demands on coastal and ocean ecosystems or those that require the use of a precautionary approach. (E) Social, economic, and cultural values, including the value of coastal and ocean ecosystems for providing ecosystem services. (F) Distinguishing ecological characteristics, including habitat heterogeneity, species abundance, and biodiversity. (G) Other physical, biological, economic, social, and cultural information that the council determines is relevant to marine spatial planning. (3) Support public agencies’ collaborative management and use of scientific and geospatial information relevant to ecosystem-based management. (4) Help identify decision-support tools relevant to ecosystem-based management, and, where appropriate, support the adaptation of those tools or the creation of new tools to serve the state’s needs. (b) Subject to available funding, and consistent with their individual mandates, each agency, board, department, or commission of the state with ocean or coastal management interests or regulatory authority shall cooperate with the council to achieve all of the goals described in subdivision (a). (Added by Stats. 2010, Ch. 544, Sec. 2. (AB 2125) Effective January 1, 2011.)
  187. 35621.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. )

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    The council may give grants, enter agreements, and provide assistance to public agencies and nonprofit organizations for ocean-resource data and collaboration efforts.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35621. Consistent with the council’s authority and responsibility under this chapter to coordinate activities of state agencies with ocean or coastal management interests or regulatory authority, to improve the effectiveness of state efforts to protect ocean resources, and to establish policies to coordinate the collection and sharing of scientific data related to coastal and ocean resources among agencies, the council may award grants, enter into interagency agreements, and provide assistance to public agencies and nonprofit organizations to support this effort, including grants to improve geospatial data collection, interagency data sharing and collaboration, and tools for visualizing and analyzing these data. In allocating grants and assistance, the council shall give preference to public agencies that are meeting the goals described in Section 35620. (Added by Stats. 2010, Ch. 544, Sec. 3. (AB 2125) Effective January 1, 2011.)
  188. 35625.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. )

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    The council must manage its affairs and staff support under the Secretary of the Natural Resources Agency, and the Secretary takes over certain contracts, grants, and related records responsibilities.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3. Ocean Protection Council [35600 - 35625] ( Chapter 3 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35625. (a) Under the direction of the Secretary of the Natural Resources Agency, the council shall administer its affairs, and provide the staff services that the council needs to carry out this division, including, but not limited to, both of the following: (1) Administering grants and expenditures authorized by the council from the fund or other sources, including, but not limited to, block grants from other state boards, commissions, or departments. (2) Arranging meetings, agendas, and other administrative functions in support of the council. (b) The Legislature may make appropriations to be used for the purposes of this division directly to the Secretary of the Natural Resources Agency, for expenditures authorized by the council. If an expenditure has been approved by the council for the purposes of this division, approval of the secretary is not required, except in the case of block grants provided by the council to be administered by the secretary. (c) Any bond funds received by the State Coastal Conservancy, on or before July 1, 2013, which authorized the use of funds for council programs, shall be transferred to the Natural Resources Agency for use for those programs. (d) (1) The Legislature finds and declares that, on the effective date of the act adding this subdivision during the 2013–14 Regular Session, various contracts and grants will be pending or remain subject to management and control by the State Coastal Conservancy on behalf of the council. On and after that date, the Secretary of the Natural Resources Agency is hereby designated as the legal successor to the State Coastal Conservancy, and the Secretary of the Natural Resources Agency shall assume management and control of those contracts and grants and shall have all of the same powers and duties as the State Coastal Conservancy. (2) In addition to the powers and duties described in paragraph (1), on and after the effective date of the act adding this subdivision during the 2013–14 Regular Session, the Secretary of the Natural Resources Agency shall have the following powers and duties on behalf of the council: (A) The management of all contracts and grants, including the completion, modification, and cancellation of those contracts and grants in accordance with existing law. (B) The negotiation and settlement of claims relating to contracts and grants. (C) Responsibility for the completion, maintenance, and disposal of any records relating to the transfer of responsibilities from the State Coastal Conservancy to the Natural Resources Agency. (Amended by Stats. 2013, Ch. 356, Sec. 32. (SB 96) Effective September 26, 2013.)
  189. 35630.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.1. Ocean Acidification and Hypoxia Mitigation [35630 - 35632] ( Chapter 3.1 added by Stats. 2016, Ch. 846, Sec. 1. )

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    The section states legislative findings about ocean acidification, hypoxia, and the importance of protecting and restoring eelgrass habitats in California.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.1. Ocean Acidification and Hypoxia Mitigation [35630 - 35632] ( Chapter 3.1 added by Stats. 2016, Ch. 846, Sec. 1. ) ## 35630. The Legislature finds and declares all of the following: (a) Ocean acidification and hypoxia, an abnormal deficiency of oxygen in marine environments, are two major threats to ocean and coastal ecosystems globally, and west coast states are particularly vulnerable, according to the April 2016 findings of the West Coast Ocean Acidification and Hypoxia Science Panel. (b) The West Coast Ocean Acidification and Hypoxia Science Panel was a binational collaboration of leading scientists from California, Oregon, Washington, and British Columbia that was convened at the request of the council and the California Ocean Science Trust. The West Coast Ocean Acidification and Hypoxia Science Panel’s executive summary report outlines findings, recommendations, and actions to address ocean acidification and hypoxia. (c) Ocean acidification is caused primarily by global carbon dioxide emissions. Local carbon dioxide emissions and local nutrient inputs can intensify the effects of ocean acidification. (d) The West Coast Ocean Acidification and Hypoxia Science Panel recommends that California and other west coast states actively employ strategies that address local factors that can reduce ocean acidification and hypoxia exposure, including protecting and restoring critical coastal and aquatic habitats. (e) Eelgrass ecosystems are among the most diverse and productive ecosystems in the world, with particular importance to farmed shellfish aquaculture and other forms of sustainable aquaculture and to commercially and recreationally valuable species, including shellfish, crabs, finfish, waterfowl, and shorebirds. (f) Eelgrass protection and restoration efforts help promote a healthier ocean for ecosystems and industry. (g) Since the 1850s, 90 percent of California’s eelgrass acreage has been destroyed, and the remaining 10 percent is continuously exposed to multiple stressors and threats. (h) Scientific research has shown that eelgrass habitat provides multiple benefits, including the following: (1) Providing essential habitat for salmon, groundfish, and Pacific herring, providing Dungeness crab nurseries, and supporting commercial fisheries important to California’s coastal economy. (2) Improving water quality by filtering polluted runoff and by absorbing excess nutrients. (3) Helping to mitigate hypoxia. (4) Sequestering carbon in the underlying sediments. (5) Protecting the shoreline from erosion by absorbing wave energy and helping to mitigate the impacts of sea level rise. (i) Advancing the protection and restoration of eelgrass beds in California’s coastal environments, based on scientific and evidence-based approaches, is a critical strategy in enhancing California’s ability to cope with ocean acidification and hypoxia. (Added by Stats. 2016, Ch. 846, Sec. 1. (SB 1363) Effective January 1, 2017.)
  190. 35631.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.1. Ocean Acidification and Hypoxia Mitigation [35630 - 35632] ( Chapter 3.1 added by Stats. 2016, Ch. 846, Sec. 1. )

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    The council may develop a science task force if funding is available, and it must take actions to address ocean acidification and hypoxia.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.1. Ocean Acidification and Hypoxia Mitigation [35630 - 35632] ( Chapter 3.1 added by Stats. 2016, Ch. 846, Sec. 1. ) ## 35631. (a) Subject to the availability of funding, the council may develop an ocean acidification and hypoxia science task force to ensure that decisionmaking is supported by the best available science. (b) Subject to the availability of funding, the council shall do both of the following: (1) Take actions to address ocean acidification and hypoxia, including, but not limited to, all of the following: (A) Implement measures to facilitate climate change adaptation in the ocean, consistent with subdivision (c) of Section 71154. (B) Develop, refine, and integrate predictive models that identify the relative contributions of global and local drivers of ocean acidification and hypoxia in California waters. (C) Work with other agencies to coordinate and ensure that criteria and standards for coastal water health to address ocean acidification and hypoxia are developed and informed by the best available science. (D) Develop a comprehensive inventory of areas in California vulnerable to ocean acidification and hypoxia. (E) Facilitate agreements with other national, state, and regional governments and private entities to establish and advance joint priorities for ocean acidification and hypoxia research. (F) In coordination with relevant federal, state, and academic entities, identify gaps between the monitoring of ocean acidification and hypoxia and management needs, and the actions necessary to address these gaps. (2) Beginning January 1, 2018, and annually thereafter, at its first meeting of the year, adopt recommendations for further actions that may be taken to address ocean acidification and hypoxia. (Added by Stats. 2016, Ch. 352, Sec. 2. (AB 2139) Effective January 1, 2017.)
  191. 35632.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.1. Ocean Acidification and Hypoxia Mitigation [35630 - 35632] ( Chapter 3.1 added by Stats. 2016, Ch. 846, Sec. 1. )

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    The council must establish and run the Ocean Acidification and Hypoxia Reduction Program if funds are available, and it must consult with the State Coastal Conservancy and other relevant entities.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.1. Ocean Acidification and Hypoxia Mitigation [35630 - 35632] ( Chapter 3.1 added by Stats. 2016, Ch. 846, Sec. 1. ) ## 35632. (a) To the extent funds are available from bonds or other sources, the council, in consultation with the State Coastal Conservancy and other relevant entities, shall establish and administer the Ocean Acidification and Hypoxia Reduction Program for the purpose of achieving the following goals: (1) Developing demonstration projects to research how important environmental and ecological factors interact across space and time to influence how geographically dispersed eelgrass beds function for carbon dioxide removal and hypoxia reduction. (2) Generating an inventory of locations where conservation or restoration of aquatic habitats, including eelgrass, can be successfully applied to mitigate ocean acidification and hypoxia. (3) Incorporating consideration of carbon dioxide removal for eelgrass restoration projects during the habitat restoration planning process in order to fully account for the benefits of long-term carbon storage of habitat restoration in addition to the habitat value. (4) Supporting science, monitoring, and coordination to ensure that ocean and coastal policy and management in California reflect best readily available science on strategies to reduce ocean acidification and hypoxia to implement this section. (b) In advancing approaches in the program to remove carbon dioxide from seawater, the council shall consider approaches that provide multiple cobenefits, including, but not limited to, providing essential fish and bird habitat, improving water quality, and mitigating the impacts of sea level rise. (Added by Stats. 2016, Ch. 846, Sec. 1. (SB 1363) Effective January 1, 2017.)
  192. 35635.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.2. Microplastic Materials [35635- 35635.] ( Chapter 3.2 added by Stats. 2018, Ch. 609, Sec. 1. )

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    The council must adopt and implement a Statewide Microplastics Strategy by December 31, 2024 if funding is available, and it may work with other agencies and research institutions.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.2. Microplastic Materials [35635- 35635.] ( Chapter 3.2 added by Stats. 2018, Ch. 609, Sec. 1. ) ## 35635. (a) The Legislature finds and declares all of the following: (1) Through the adoption of the California Ocean Litter Prevention Strategy, the council has led the development of long-term policies to address marine debris. (2) Although substantial scientific research on microplastics exists, further research will complement and support continuing efforts to reduce microplastic pollution. (3) In addition to the development of a long-term Statewide Microplastics Strategy, early actions to prevent and reduce known impacts of microplastics to the marine environment should be pursued. (4) This chapter is not intended to preclude the Legislature from enacting legislation to reduce microplastic pollution either before or after the Statewide Microplastics Strategy is adopted and implemented. (b) To the extent that funds are available from bonds or other sources, including from federal, state, academic, or other public or private entities, on or before December 31, 2024, the council shall adopt and implement a Statewide Microplastics Strategy related to microplastic materials that pose an emerging concern for ocean health. The council shall work with the State Water Resources Control Board, the Office of Environmental Health Hazard Assessment, and other interested entities in the development of the Statewide Microplastics Strategy. The goal of the Statewide Microplastics Strategy shall be to increase the understanding of the scale and risks of microplastic materials on the marine environment and identify proposed solutions to address the impacts of microplastic materials, to the extent feasible. (c) The council, in collaboration with the State Water Resources Control Board, the Office of Environmental Health Hazard Assessment, and other interested entities, may enter into one or more contracts with marine research institutes in the state, including those associated with the University of California, the California State University, Stanford University, the California Ocean Science Trust, and other academic and research institutions that have demonstrated expertise relating to the effects of microplastic materials on ocean health, for the provision of research services that would contribute directly to the development of the Statewide Microplastics Strategy. (d) The Statewide Microplastics Strategy shall include, but is not limited to, all of the following components: (1) The development of a comprehensive prioritized research plan that includes research that will support the development of risk assessments for microplastics in the marine environment habitat types of California. (2) The development of standardized methods for sampling, detecting, and characterizing microplastics. (3) The characterization of ambient concentrations of microplastics in the marine environment and an assessment of the associated environmental impacts, by microplastic particle age, size, shape, type, and location. (4) An investigation of the sources and relative importance of pathways associated with the environmental impacts of microplastics determined to be significant pursuant to paragraph (3). (5) The development of a risk assessment framework for microplastics, based on the best available information on exposure of microplastics to organisms, including humans, through pathways that impact the marine environment. (6) Research on approaches for reducing the introduction of microplastics into the marine environment from significant pathways of exposure, with an emphasis on the sizes, shapes, and types of microplastics that are associated with significant environmental impacts. (7) Use of the risk assessment framework developed pursuant to paragraph (5) to evaluate options, including source reduction and product stewardship techniques, barriers, costs, and benefits. (8) Recommendations for policy changes, including statutory changes, or additional research that may be needed. (e) The council may include the Statewide Microplastics Strategy within the council’s California Ocean Litter Prevention Strategy: Addressing Marine Debris from Source to Sea. (f) In developing and implementing the Statewide Microplastics Strategy, the council may utilize existing information and leverage ongoing efforts, where possible. (g) (1) On or before December 31, 2021, subject to the availability of funding, the council shall submit the Statewide Microplastics Strategy to the Legislature, in compliance with Section 9795 of the Government Code. The council may at that time also submit recommended policy changes, including statutory changes, that may be needed to implement the Statewide Microplastics Strategy. (2) On or before December 31, 2025, subject to the availability of funding, the council shall report to the Legislature, in compliance with Section 9795 of the Government Code, on the implementation of the Statewide Microplastics Strategy and the council’s findings pursuant to paragraphs (1) to (7), inclusive, of subdivision (d) and shall make recommendations to the Legislature pursuant to paragraph (8) of subdivision (d). (3) The reports required pursuant to paragraphs (1) and (2) shall be complementary to, and not preclude appropriate implementation of, the individual components of the council’s California Ocean Litter Prevention Strategy: Addressing Marine Debris from Source to Sea. (4) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting the Statewide Microplastics Strategy and any recommended policy changes imposed by paragraph (1) is inoperative on December 31, 2025, and the requirement for submitting a report imposed by paragraph (2) is inoperative on December 31, 2029. (Added by Stats. 2018, Ch. 609, Sec. 1. (SB 1263) Effective January 1, 2019.)
  193. 35640.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.3. Protecting Blue Whales and Blue Skies Program [35640 - 35641] ( Chapter 3.3 added by Stats. 2025, Ch. 606, Sec. 1. )

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    This section states legislative findings about California port activity, vessel emissions, and the benefits of a voluntary slow-speed vessel program.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.3. Protecting Blue Whales and Blue Skies Program [35640 - 35641] ( Chapter 3.3 added by Stats. 2025, Ch. 606, Sec. 1. ) ## 35640. The Legislature finds and declares all of the following: (a) California’s seaports are North America’s primary intermodal gateway to Asia and Transpacific trade. Maritime industry activities at California’s public seaports are responsible for employing more than 500,000 people in the state. Nationwide, more than 2,000,000 jobs are linked to maritime industry business conducted at California’s public seaports, contributing to California having the largest state economy in the United States. (b) Every year, the oceangoing vessels make thousands of transits along the California coast, with an estimated 162 tons per day of nitrogen oxides, an ozone precursor, being emitted along the coast. These emissions negatively affect the public health of coastal communities and contribute to causing some areas of the coast to be in nonattainment with the national ambient air quality standards for ozone and particulate matter. (c) Since 2014, the Santa Barbara County Air Pollution Control District, the Ventura County Air Pollution Control District, the Bay Area Air Quality Management District, the Monterey Bay Air Resources District, and the San Luis Obispo County Air Pollution Control District, with the federal Office of National Marine Sanctuaries, marine sanctuary foundations, and environmental groups, have administered and promoted the Protecting Blue Whales and Blue Skies Program, a voluntary vessel speed reduction program off the San Francisco Bay, central coast, and south coast to encourage transit speeds of 10 knots or less to reduce air pollution, the risk of harmful whale strikes, and the level of ocean noise. (d) Since its inception through 2024, the Protecting Blue Whales and Blue Skies Program has provided small incentives and publicity to program participants and has achieved 1,596,008 slow speed miles, a reduction of 5,903 tons of nitrogen oxides, a reduction of 204,661 metric tons of regional greenhouse gas emissions, a reduction of more than 35 tons of toxic diesel particulate matter, and an estimated 50 percent decreased risk of whale strikes during prime migration season in the affected coastal areas. (e) This highly cost-effective voluntary pollution reduction program benefits public health, protects the marine ecosystem, and showcases the beneficial partnership between shipping companies, public health agencies, marine sanctuaries, and environmental organizations. (f) Expansion of the vessel speed reduction program to other areas of the California coast, including the San Diego coast and the North Coast, would yield additional public health and ecosystem benefits. (Added by Stats. 2025, Ch. 606, Sec. 1. (AB 14) Effective January 1, 2026.)
  194. 35641.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.3. Protecting Blue Whales and Blue Skies Program [35640 - 35641] ( Chapter 3.3 added by Stats. 2025, Ch. 606, Sec. 1. )

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    The council must participate in the Blue Whales and Blue Skies program if funding is available, and participating districts must report to the Legislature by December 31, 2029. The program applies only to vessels of 300 gross tons or more.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 3.3. Protecting Blue Whales and Blue Skies Program [35640 - 35641] ( Chapter 3.3 added by Stats. 2025, Ch. 606, Sec. 1. ) ## 35641. (a) The Legislature finds and declares that expansion of the Protecting Blue Whales and Blue Skies Program by local air pollution control districts and air quality management districts and stakeholders is a critical strategy in advancing protection of marine mammals through partnerships that also support the maritime industry and local public health. (b) Subject to the availability of funding, the council shall participate, as a stakeholder and in an advisory capacity, in the Protecting Blue Whales and Blue Skies Program with air pollution control districts and air quality management districts along the coast and other stakeholders, including the federal Office of National Marine Sanctuaries, the United States Environmental Protection Agency, the United States Navy, the United States Coast Guard, and the maritime industry, to support, in an advisory capacity, coastal air districts in their efforts to implement a statewide voluntary vessel speed reduction and sustainable shipping program for the California coast in order to reduce air pollution, the risk of fatal vessel strikes on whales, and harmful underwater acoustic impacts. (c) Expansion of the existing Protecting Blue Whales and Blue Skies Program by local air pollution control districts and air quality management districts shall be a single unified program, and may include all of the following components developed in a manner that is consistent with how the program components were developed for the Protecting Blue Whales and Blue Skies Program: (1) A marketing program to engage cargo owners and other commercial interests to promote voluntary vessel speed reduction and sustainable shipping, and an acknowledgment of the program’s participants. (2) Data collection on ship speeds along the California coast in order to analyze the program for future refinement, expansion, or both. (3) Data collection on underwater acoustic impacts or fatal vessel strikes on whales, to the extent data is available. (4) Data collection on the regional air quality impacts on the coast and impacts to air quality in coastal disadvantaged communities from oceangoing vessel traffic, as collected and provided by the regional air pollution control districts and air quality management districts. (5) Incentives to program participants based on a percentage of distance traveled by a participating vessel at a reduced speed, including speed zones at 10 knots or less, to the extent that local or federal funding is available. (6) Development of vessel speed reduction zones along the coast that take into account navigational safety, protected marine mammal migration and breeding seasons, federal marine sanctuaries and state marine protected areas, shipping lanes, and any other relevant variables. (7) Seasonality of the program. (8) Description of covered vessels. (d) The program shall supplement, work in conjunction with, and not preclude any other existing port-related vessel speed reduction programs. (e) The program shall only apply to vessels that are 300 gross tons or greater. (f) (1) On or before December 31, 2029, the participating air pollution control districts and air quality management districts shall submit a report to the Legislature regarding the implementation of the program. (2) The report required in paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (3) Pursuant to Section 10231.5 of the Government Code, the requirement for submitting a report imposed by paragraph (1) is inoperative on December 31, 2033. (g) The program and each component of the program are based upon voluntary actions initiated by entities pursuant to this section and are not regulations as defined in Section 11342.600 of the Government Code, and shall not be implemented in a way that conflicts with federal law and regulations. (Added by Stats. 2025, Ch. 606, Sec. 1. (AB 14) Effective January 1, 2026.)
  195. 35650.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 4. California Ocean Protection Trust Fund [35650 - 35651] ( Chapter 4 added by Stats. 2004, Ch. 719, Sec. 1. )

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    This section creates the California Ocean Protection Trust Fund and allows its money to be spent, with legislative appropriation and council authorization, for specified ocean-protection and fisheries-related purposes.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 4. California Ocean Protection Trust Fund [35650 - 35651] ( Chapter 4 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35650. (a) The California Ocean Protection Trust Fund is established in the State Treasury. (b) Moneys deposited in the fund may be expended, upon appropriation by the Legislature, for both of the following: (1) Projects and activities authorized by the council consistent with Chapter 3 (commencing with Section 35600). (2) Upon authorization by the council, for grants or loans to public agencies, nonprofit corporations, or private entities for, or direct expenditures on, projects or activities that do one or more of the following: (A) Eliminate or reduce threats to coastal and ocean ecosystems, habitats, and species. (B) Improve the management of fisheries through grants or loans for the development and implementation of fishery management plans pursuant to Part 1.7 (commencing with Section 7050) of Division 6 of the Fish and Game Code, a part of the Marine Life Management Act of 1998, that promote long-term stewardship and collaboration with fishery participants to develop strategies that increase environmental and economic sustainability. Eligible projects and activities include, but are not limited to, innovative community-based or cooperative management and allocation strategies that create incentives for ecosystem improvement. Eligible expenditures include, but are not limited to, costs related to activities identified in subdivisions (a), (b), and (d) of Section 7075 of the Fish and Game Code, fishery research, monitoring, data collection and analysis to support adaptive management, and other costs related to the development and implementation of a fishery management plan developed pursuant to this subparagraph. (C) Foster sustainable fisheries, including grants or loans for one or more of the following: (i) Projects that encourage the development and use of more selective fishing gear. (ii) The design of community-based or cooperative management mechanisms that promote long-term stewardship and collaboration with fishery participants to develop strategies that increase environmental and economic sustainability. (iii) Collaborative research and demonstration projects between fishery participants, scientists, and other interested parties. (iv) Promotion of value-added wild fisheries to offset economic losses attributable to reduced fishing opportunities. (v) The creation of revolving loan programs for the purpose of implementing sustainable fishery projects. (D) Improve coastal water quality. (E) Allow for increased public access to, and enjoyment of, ocean and coastal resources, consistent with sustainable, long-term protection and conservation of those resources. (F) Improve management, conservation, and protection of coastal waters and ocean ecosystems. (G) Provide monitoring and scientific data to improve state efforts to protect and conserve ocean resources. (H) Protect, conserve, and restore coastal waters and ocean ecosystems, including any of the following: (i) Acquisition, installation, and initiation of monitoring and enforcement systems. (ii) Acquisition from willing sellers of vessels, equipment, licenses, harvest rights, permits, and other rights and property, to reduce threats to ocean ecosystems and resources. (I) Address coastal water contamination from biological pathogens, including collaborative projects and activities to identify the sources of pathogens and develop detection systems and treatment methods. (J) (i) Provide funding for adaptive management, planning, coordination, monitoring, research, and other necessary activities to minimize the adverse impacts of climate change on California’s ocean ecosystem, including, but not limited to, the effects of sea level rise, changes in ocean productivity, and ocean acidification on coastal and ocean habitat, wildlife, fisheries, chemistry, and other key attributes of ocean ecosystems and to increase the state’s understanding of the ocean’s role in carbon sequestration. Adaptive management strategies, planning, research, monitoring, or other activities shall be designed to improve the management of coastal and ocean resources or aid the state to adapt to climate change impacts. (ii) Information or activities developed under clause (i), to the extent appropriate, shall provide guidance to the State Air Resources Board for the adoption of early action measures for the elimination or reduction of emissions from sources or categories of sources pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (c) Grants or loans may be made to a private entity pursuant to this section only for projects or activities that further public purposes consistent with Sections 35510, 35515, 35617, and 35632. (d) Consistent with the purposes specified in Section 35515, and in furtherance of the findings in Sections 7059 and 7060 of the Fish and Game Code, the council, in authorizing grants or loans for projects or expenditures pursuant to this section, shall promote coordination of state programs and activities that protect and conserve ocean resources to avoid redundancy and conflicts to ensure that the state’s programs and activities are complementary. (Amended by Stats. 2016, Ch. 846, Sec. 2. (SB 1363) Effective January 1, 2017.)
  196. 35651.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 4. California Ocean Protection Trust Fund [35650 - 35651] ( Chapter 4 added by Stats. 2004, Ch. 719, Sec. 1. )

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    The council must spend $1,000,000 on the transition program for whale and sea turtle entanglement, and must make an agreement with the fiscal agent to pass funds to participating permittees.

    ## Public Resources Code - PRC ## DIVISION 26.5. CALIFORNIA OCEAN PROTECTION ACT [35500 - 35651] ( Division 26.5 added by Stats. 2004, Ch. 719, Sec. 1. ) ## CHAPTER 4. California Ocean Protection Trust Fund [35650 - 35651] ( Chapter 4 added by Stats. 2004, Ch. 719, Sec. 1. ) ## 35651. The council shall use one million dollars ($1,000,000) of the amount appropriated to it in Item 0540-101-0001 of Section 2.0 of the Budget Act of 2018 (Chapter 29 of the Statutes of 2018) for whale and sea turtle entanglement to fund the transition program established pursuant to Section 8583 of the Fish and Game Code. The council shall enter into an agreement with the fiscal agent described in Section 8583 of the Fish and Game Code to provide funds to the fiscal agent for permittees who participate in the transition program. If the amount described in this section is not necessary due to the number of participants who have indicated an intention to participate in the transition program pursuant to Section 8583 of the Fish and Game Code, the council may redirect the remaining funds to other purposes related to whale and sea turtle entanglement. (Amended by Stats. 2019, Ch. 497, Sec. 228. (AB 991) Effective January 1, 2020.)
  197. 3600.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. )

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    Wells drilled for oil or gas that are too close to a parcel boundary, a public street or highway, or another nearby oil or gas well are declared a public nuisance, unless this chapter provides אחרת.

    ## Public Resources Code - PRC ## DIVISION 3. OIL AND GAS [3000 - 3865] ( Division 3 enacted by Stats. 1939, Ch. 93. ) ## CHAPTER 3. Spacing of Wells and Community Leases [3600 - 3609] ( Chapter 3 repealed and added by Stats. 1947, Ch. 1559. ) ## 3600. Except as otherwise provided in this chapter, any well hereafter drilled for oil or gas, or hereafter drilled and permitted to produce oil or gas, which is located within 100 feet of an outer boundary of the parcel of land on which the well is situated, or within 100 feet of a public street or road or highway dedicated prior to the commencement of drilling of the well, or within 150 feet of either a well being drilled or a well theretofore drilled which is producing oil or gas or a well which has been drilled and is not producing but which is capable of producing oil or gas, is a public nuisance. (Repealed and added by Stats. 1947, Ch. 1559.)
  198. 36000.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 1. Findings and Declarations [36000 - 36003] ( Chapter 1 added by Stats. 1989, Ch. 1215, Sec. 1. )

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    This division is known and may be cited as the California Ocean Resources Management Act of 1990 (CORMA).

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 1. Findings and Declarations [36000 - 36003] ( Chapter 1 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36000. This division shall be known and may be cited as the California Ocean Resources Management Act of 1990 (CORMA). (Amended by Stats. 1990, Ch. 1637, Sec. 1.)
  199. 36001.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 1. Findings and Declarations [36000 - 36003] ( Chapter 1 added by Stats. 1989, Ch. 1215, Sec. 1. )

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    The Legislature states findings about the importance of ocean resources and the need for coordinated management of them.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 1. Findings and Declarations [36000 - 36003] ( Chapter 1 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36001. The Legislature hereby finds and declares all of the following: (a) The Pacific Ocean and its many renewable and nonrenewable resources are of economic, environmental, aesthetic, recreational, military, and scientific importance to the people of the state and the nation. (b) Humankind will benefit from ocean resources as technology continues to develop. Our ability to protect, preserve, coordinate, develop, and utilize these resources requires that we do so in an informed and balanced manner. (c) On March 10, 1983, President Reagan established by proclamation an exclusive economic zone for the United States, declaring sovereign rights over living and nonliving resources within the 200-mile United States exclusive economic zone (EEZ). (d) On December 27, 1988, President Reagan extended by proclamation the seaward limit of United States territorial waters from 3 to 12 nautical miles. (e) The establishment of the exclusive economic zone and the extension of the Territorial Sea create zones under federal jurisdiction adjacent to state waters, and provide opportunity for all coastal states of the United States to more fully exercise and assert their responsibilities pertaining to the protection, conservation, and development of ocean resources under United States jurisdiction. (f) Exploration, scientific research, development, and production of ocean resources resulting from differing jurisdictions and multiple programs in federal and state waters, will increase the chance of conflicting demands on ocean resources and uses, such as those for food, energy, minerals, and waste disposal. (g) Resolution of conflicting interests in the use, development, and conservation of ocean resources will become one of the major policy issues facing the state. The problems which will emerge in the future due to interactions of competing users are already prevalent to some degree today. (h) State agencies do have particular regulatory or program interests in protecting and managing resources and uses in state waters and for coordinating state interests in the territorial sea and the EEZ, but the state needs to formulate a framework of statewide objectives for management of ocean resources and their uses, and outline a clear statement of functional responsibility for state ocean resources management. (i) The exclusive economic zone, the territorial sea, state waters, and terrestrial environments are an interdependent system that has to be managed through a cooperative effort between appropriate federal, state, and local agencies. The fluid, dynamic nature of the ocean and the migration of many of its living resources beyond state and federal boundaries extend the ocean management interests of this state beyond the three-nautical-mile limit currently managed by the state pursuant to the federal Submerged Lands Act (43 U.S.C. Sec. 1301 et seq.). (Added by Stats. 1989, Ch. 1215, Sec. 1.)
  200. 36002.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 1. Findings and Declarations [36000 - 36003] ( Chapter 1 added by Stats. 1989, Ch. 1215, Sec. 1. )

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    California states policy goals for ocean resources management, conservation, research, and coordinated planning.

    ## Public Resources Code - PRC ## DIVISION 27. OCEAN RESOURCES MANAGEMENT [36000 - 36995] ( Heading of Division 27 renumbered from Division 26 (as added by Stats. 1989, Ch. 1215) by Stats. 1990, Ch. 216, Sec. 96. ) ## CHAPTER 1. Findings and Declarations [36000 - 36003] ( Chapter 1 added by Stats. 1989, Ch. 1215, Sec. 1. ) ## 36002. The Legislature further finds and declares all of the following: (a) It is the policy of the State of California to do the following: (1) Assess the long-term values and benefits of the conservation and development of ocean resources and uses with the objective of restoring or maintaining the health of the ocean ecosystem and ensuring the proper management of renewable and nonrenewable resources. (2) Encourage ocean resources development which is environmentally sound, sustainable, and economically beneficial. (3) Provide for efficient and coordinated resources management in state and federal waters. (4) Assert the interests of this state in cooperation with federal agencies in the sound management of ocean resources. (5) Promote research, study, and understanding of ocean processes and resources to acquire the scientific information necessary to understand the ocean ecosystem and life-support systems and the relationships of ocean development activities and associated impacts on ocean and coastal resources of the state and adjacent zones of federal jurisdiction. (6) Encourage research and development of innovative, environmentally compatible marine technologies for protection, exploration, and utilization of ocean resources. (b) It is further the policy of the State of California to develop and maintain an ocean resources planning and management program to promote and ensure coordinated management of federal resources and uses with those in state waters, and with adjacent states, to ensure effective participation in federal planning and management of ocean resources and uses which may affect this state, and to coordinate state agency management of ocean resources with local government management of coastal zone uses and resources above the mean high tide line. (Added by Stats. 1989, Ch. 1215, Sec. 1.)

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