Public Resources Code — Part 36 | PRC — United States — California law | Esheria

Public Resources Code

Part 36 of 41 · provisions 7,001–7,200

This act is named the Public Resources Code.

Jurisdiction
United States — California
Instrument
Code
Citation
PRC
Version
Undated source snapshot
Language
en
Official source
View official record ↗
Complete work
View statute overview
ASTM standards Article title CEQA exceptions CEQA guidelines CEQA mitigation Commercial solid waste recycling Confidentiality Conservation Diablo Canyon powerplant EV charging infrastructure Geodesy Greenhouse gas emissions LEED certification NEPA-linked projects Orthometric heights PACE PACE bonds PACE financing PACE program PACE program applications PACE program eligibility PACE reserve program PACE risk mitigation PET beverage containers +7,596 more

Statute overview

About this statute

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.

Read the provisions Ask with citations

Legal text

Provisions of Public Resources Code

Showing 200 of 8,095

  1. 6995.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. )

    Verify source ↗

    The commission may set extra terms, covenants, and conditions for permits and leases under this article, so long as they fit the chapter and are intended to protect the State’s interests.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. ) ## 6995. The commission shall prescribe such additional terms, covenants and conditions, consistent with the provisions of this chapter, of permits and leases issued under this article as will in its opinion effectually protect the interests of the State. (Added by Stats. 1941, Ch. 1241.)
  2. 6996.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. )

    Verify source ↗

    Certain State-owned lands around meander lines of streams and lakes with mineral-bearing waters are withdrawn from selection and sale, except land already contracted to be sold.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands [6991 - 6996] ( Chapter 4.1 added by Stats. 1941, Ch. 1241. ) ## 6996. All of the lands embraced within the original meander lines of streams and lakes belonging to the State, the waters of which contain minerals in commercial quantities, and all such lands which may hereafter inure to the State by virtue of its sovereignty, excepting such lands as have heretofore been contracted to be sold, are withdrawn from selection and sale. (Added by Stats. 1959, Ch. 707.)
  3. 7.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. )

    Verify source ↗

    A deputy or a person authorized by law may carry out an administrative power or duty that the code gives to a public officer.

    ## Public Resources Code - PRC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1939, Ch. 93. ) ## 7. Whenever, by the provisions of this code, an administrative power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law. (Enacted by Stats. 1939, Ch. 93.)
  4. 700.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    This section defines “Board,” “Department,” and “Director” for this chapter.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 700. As used in this chapter: (a) “Board” means the State Board of Forestry and Fire Protection. (b) “Department” means the Department of Forestry and Fire Protection. (c) “Director” means the Director of Forestry and Fire Protection. (Amended by Stats. 1998, Ch. 972, Sec. 11. Effective January 1, 1999.)
  5. 70000.

    ## Public Resources Code - PRC ## DIVISION 33. GLASS CONTAMINATION [70000 - 70031] ( Division 33 added by Stats. 1990, Ch. 879, Sec. 2. ) ## CHAPTER 1. The Clean Glass Recycling Act of 1990 [70000 - 70031] ( Chapter 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## ARTICLE 1. Title and Definitions [70000 - 70001] ( Article 1 added by Stats. 1990, Ch. 879, Sec. 2. )

    Verify source ↗

    This chapter may be cited as the Clean Glass Recycling Act of 1990.

    ## Public Resources Code - PRC ## DIVISION 33. GLASS CONTAMINATION [70000 - 70031] ( Division 33 added by Stats. 1990, Ch. 879, Sec. 2. ) ## CHAPTER 1. The Clean Glass Recycling Act of 1990 [70000 - 70031] ( Chapter 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## ARTICLE 1. Title and Definitions [70000 - 70001] ( Article 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## 70000. This chapter shall be known and may be cited as the Clean Glass Recycling Act of 1990. (Added by Stats. 1990, Ch. 879, Sec. 2.)
  6. 70001.

    ## Public Resources Code - PRC ## DIVISION 33. GLASS CONTAMINATION [70000 - 70031] ( Division 33 added by Stats. 1990, Ch. 879, Sec. 2. ) ## CHAPTER 1. The Clean Glass Recycling Act of 1990 [70000 - 70031] ( Chapter 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## ARTICLE 1. Title and Definitions [70000 - 70001] ( Article 1 added by Stats. 1990, Ch. 879, Sec. 2. )

    Verify source ↗

    This section defines “beverage or food container” as packaging of finished products that contain food or drink items for retail sale.

    ## Public Resources Code - PRC ## DIVISION 33. GLASS CONTAMINATION [70000 - 70031] ( Division 33 added by Stats. 1990, Ch. 879, Sec. 2. ) ## CHAPTER 1. The Clean Glass Recycling Act of 1990 [70000 - 70031] ( Chapter 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## ARTICLE 1. Title and Definitions [70000 - 70001] ( Article 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## 70001. “Beverage or food container” means packaging of finished products which contain food or drink items for retail sale. (Added by Stats. 1990, Ch. 879, Sec. 2.)
  7. 70020.

    ## Public Resources Code - PRC ## DIVISION 33. GLASS CONTAMINATION [70000 - 70031] ( Division 33 added by Stats. 1990, Ch. 879, Sec. 2. ) ## CHAPTER 1. The Clean Glass Recycling Act of 1990 [70000 - 70031] ( Chapter 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## ARTICLE 2. Ceramic Glass Use [70020- 70020.] ( Article 2 added by Stats. 1990, Ch. 879, Sec. 2. )

    Verify source ↗

    From January 1, 1991, it is unlawful to sell, manufacture, or distribute certain glass beverage or food containers that have ceramic materials attached to them, with stated exceptions.

    ## Public Resources Code - PRC ## DIVISION 33. GLASS CONTAMINATION [70000 - 70031] ( Division 33 added by Stats. 1990, Ch. 879, Sec. 2. ) ## CHAPTER 1. The Clean Glass Recycling Act of 1990 [70000 - 70031] ( Chapter 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## ARTICLE 2. Ceramic Glass Use [70020- 70020.] ( Article 2 added by Stats. 1990, Ch. 879, Sec. 2. ) ## 70020. On or after January 1, 1991, it is unlawful to sell, manufacture, or distribute glass beverage or glass food containers which, as part of the product, bear or are attached to ceramic materials. This section does not apply to ceramic enamels used for decorating or labeling glass beverage containers or other glass containers, or to special edition or holiday season distilled spirit containers which are not intended for disposal and are intended to be retained as collectors’ items. (Added by Stats. 1990, Ch. 879, Sec. 2.)
  8. 70030.

    ## Public Resources Code - PRC ## DIVISION 33. GLASS CONTAMINATION [70000 - 70031] ( Division 33 added by Stats. 1990, Ch. 879, Sec. 2. ) ## CHAPTER 1. The Clean Glass Recycling Act of 1990 [70000 - 70031] ( Chapter 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## ARTICLE 3. Penalties [70030 - 70031] ( Article 3 added by Stats. 1990, Ch. 879, Sec. 2. )

    Verify source ↗

    A person convicted of violating this chapter commits an infraction and may be fined up to $1,000 per day the violation continues.

    ## Public Resources Code - PRC ## DIVISION 33. GLASS CONTAMINATION [70000 - 70031] ( Division 33 added by Stats. 1990, Ch. 879, Sec. 2. ) ## CHAPTER 1. The Clean Glass Recycling Act of 1990 [70000 - 70031] ( Chapter 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## ARTICLE 3. Penalties [70030 - 70031] ( Article 3 added by Stats. 1990, Ch. 879, Sec. 2. ) ## 70030. In addition to other applicable civil or criminal penalties, any person convicted of a violation of this chapter is guilty of an infraction, which is punishable by a fine of not more than one thousand dollars ($1,000) per day that the violation continues. Each day of violation is a separate offense. (Added by Stats. 1990, Ch. 879, Sec. 2.)
  9. 70031.

    ## Public Resources Code - PRC ## DIVISION 33. GLASS CONTAMINATION [70000 - 70031] ( Division 33 added by Stats. 1990, Ch. 879, Sec. 2. ) ## CHAPTER 1. The Clean Glass Recycling Act of 1990 [70000 - 70031] ( Chapter 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## ARTICLE 3. Penalties [70030 - 70031] ( Article 3 added by Stats. 1990, Ch. 879, Sec. 2. )

    Verify source ↗

    A person who violates this chapter can face a civil penalty of up to $1,000 per day, and local prosecutors or the Attorney General may ask the superior court to impose and recover it.

    ## Public Resources Code - PRC ## DIVISION 33. GLASS CONTAMINATION [70000 - 70031] ( Division 33 added by Stats. 1990, Ch. 879, Sec. 2. ) ## CHAPTER 1. The Clean Glass Recycling Act of 1990 [70000 - 70031] ( Chapter 1 added by Stats. 1990, Ch. 879, Sec. 2. ) ## ARTICLE 3. Penalties [70030 - 70031] ( Article 3 added by Stats. 1990, Ch. 879, Sec. 2. ) ## 70031. (a) Any person who violates this chapter is subject to a civil penalty of not more than one thousand dollars ($1,000) per day for each day that the violation continues. (b) The city attorney or district attorney in whose jurisdiction the violation occurs, or the Attorney General, may petition the superior court to impose, assess, and recover the civil penalties provided in this section. (c) The penalties under this section are in addition to any other applicable civil or criminal penalties. (Added by Stats. 1990, Ch. 879, Sec. 2.)
  10. 701.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The section creates the Department of Forestry and Fire Protection, places it under a director, and sets rules for appointing the director and two deputy directors.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 701. (a) There is in the Resources Agency the Department of Forestry and Fire Protection, which is under the control of an executive officer known as the Director of Forestry and Fire Protection. The director is appointed by the Governor and holds office at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate at the next regular or special session of the Legislature, and the refusal or failure of the Senate to confirm the appointment shall create a vacancy in the office. The director shall receive an annual salary as provided by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. (b) There shall be one Deputy Director of Forestry and Fire Protection appointed by the director who shall be exempt from civil service. (c) There shall be one Deputy Director of Forestry and Fire Protection appointed by the director in accordance with the State Civil Service Act who shall be a registered professional forester. (d) The deputy directors shall have duties as assigned, from time to time, by the director, and they shall be responsible to the director for the performance of those duties. (Amended by Stats. 1988, Ch. 160, Sec. 148.)
  11. 701.5.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The Department of Forestry is renamed the Department of Forestry and Fire Protection, and existing references are treated as referring to the new name.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 701.5. Notwithstanding Section 701, Section 12805 of the Government Code, or any other provision of law, on and after January 1, 1987, the Department of Forestry shall be the Department of Forestry and Fire Protection. On and after that date, any reference to the Department of Forestry is deemed to be to the Department of Forestry and Fire Protection and any reference to the Director of Forestry is deemed to be to the Director of Forestry and Fire Protection. No existing supplies, forms, insignias, signs, or logos shall be destroyed or changed as a result of this name change, and they shall continue to be used until exhausted or unserviceable. (Added by Stats. 1986, Ch. 421, Sec. 1.)
  12. 701.6.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The department may be called CAL-FIRE when appropriate and as determined by the director.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 701.6. (a) Notwithstanding any other provision of law, on and after January 1, 2007, the Department of Forestry and Fire Protection may be referred to, where appropriate and as determined by the director, as CAL-FIRE. (b) No existing supplies, forms, insignias, signs, or logos shall be destroyed or changed as a result of the authorization to use CAL-FIRE where appropriate to refer to the department, and they shall continue to be used until exhausted or unserviceable. (Added by Stats. 2006, Ch. 265, Sec. 1. Effective January 1, 2007.)
  13. 702.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    This section creates the Office of the State Fire Marshal, assigns it to the department, and gives the State Fire Marshal and related officials certain administrative powers and duties.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 702. (a) Pursuant to Section 13100 of the Health and Safety Code, there is within the department the Office of the State Fire Marshal. (b) There shall be a Chief Deputy Director of Forestry and Fire Protection who shall administer the Office of the State Fire Marshal and who shall be known as the State Fire Marshal. The State Fire Marshal shall be appointed pursuant to Section 13101 of the Health and Safety Code. (c) The State Fire Marshal may, with the approval of the director, appoint assistant or deputy state fire marshals and employ office and field assistants and other employees pursuant to Sections 12551, 13102, and 13103 of the Health and Safety Code. (d) There is within the Office of the State Fire Marshal the State Board of Fire Services, established pursuant to Section 13140 of the Health and Safety Code. The State Board of Fire Services shall advise the State Fire Marshal as provided by law. (e) The Office of the State Fire Marshal, as a component of the department, shall have access to all resources of the department in carrying out its mission. (Amended by Stats. 2021, Ch. 225, Sec. 11. (AB 9) Effective January 1, 2022.)
  14. 703.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The director must appoint a cultural burning liaison, and that liaison must perform several coordination and advisory duties.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 703. The director shall appoint a cultural burning liaison who shall do all of the following: (a) Advise the department on developing increased cultural burning activity. (b) Engage with California Native American tribes, tribal organizations, and cultural fire practitioners, as defined in Section 4002.6, on opportunities to partner with the department. (c) Make recommendations to the director on ways to reduce barriers to cultural burning, as defined in Section 4002.4. (d) Serve on the State Fire Marshal’s State Board of Fire Services, as established by Article 2 (commencing with Section 13140) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code. (e) Work with unit chiefs across the state to ensure prescribed fire and cultural burning objectives are understood and supported by the department. (Added by Stats. 2021, Ch. 375, Sec. 6. (AB 642) Effective January 1, 2022.)
  15. 705.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The department may spend certain appropriated or special-fund money for its own administration or for transferred boards, bureaus, commissions, departments, offices, or officers, but those expenditures must be made in accordance with law.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 705. The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office, or officer whose duties, powers, and functions have been transferred to, and conferred upon, the department. Such expenditures by the department shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created. (Added by Stats. 1976, Ch. 1300.)
  16. 7051.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    Local governing bodies may lease certain public land for oil, gas, and mineral production, but only under legal limits and only when the public use of the land will not be substantially interfered with.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7051. (a) The board of supervisors, boards of trustees, directors or other governing body of any county or other public or quasi-public corporation, body or agency authorized to acquire and hold real property pursuant to the statutory authority under which such county, corporation, body or agency is created may, under such limitations and restrictions as are prescribed by law, lease for the production of oil, gas and other hydrocarbons or for the mining of any other minerals whatsoever, any land owned by the county or such other public or quasi-public corporation, body or agency, or include such land in a community lease embracing adjoining lands, or enter into compensatory royalty agreements in lieu of making such lease, whenever, in the judgment of the governing body, the public use of such property shall not be substantially interfered with thereby. No land used, owned, dedicated, or acquired by purchase, condemnation, gift, or otherwise, as a public park, highway, street, walk, or public playground shall be so leased unless the use of such property for park, highway, street, walk or public playground purposes shall not be substantially interfered with thereby; provided, however, that if in the judgment of the governing body of any such park, highway, street, walk or public playground, drilling for oil or gas would not substantially interfere with the use of such property for park, highway, street, walk or playground purposes, then any such lease on any such property shall provide that drilling for oil or gas beneath the surface of such property shall be done by means of slant drilling from surface locations, outside the outer boundaries of any such property, or from designated locations inside the outer boundaries of such property, which inside locations have been approved by the county parks commission and will not interfere substantially with the use of such property for such park, highway, street, walk or playground purposes. No land owned or under the jurisdiction of the county or such other public or quasi-public corporation, body or agency lying within 300 feet above the line of high tide, or at any point below the line of high tide, of the Pacific Ocean, or any arm, bay, or inlet of the Pacific Ocean shall be leased for the drilling for and production of petroleum products or other minerals, unless the use of such property for public purposes shall not be substantially interfered with thereby; provided, however, that if in the judgment of the governing body of any such land, drilling for oil or gas would not substantially interfere with the use of such property for public purposes, then any such lease on any such property shall provide that drilling for oil or gas beneath the surface of such property shall be done by means of slant drilling from surface locations, outside the outer boundaries of any such property, or from designated locations inside the outer boundaries of such property, which inside locations have been approved by the governing body and will not interfere substantially with the use of such property for public purposes. (b) Notwithstanding any other provision of this section, no tide or submerged lands owned or under the jurisdiction of the county or such other public or quasi-public corporation, body or agency shall be leased for the exploration for, drilling for or production of petroleum products within the boundaries of the areas of the County of Los Angeles described in subdivision (a) of Section 6871.2 unless such lands are within one nautical mile of the ordinary high water mark, the applicable conditions of the Public Resources Code and requirements of the State Lands Commission have been met, and the drilling for oil and gas deposits is to be done by means of slant drilling from an upland site. (Amended by Stats. 1970, Ch. 1438.)
  17. 7052.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    Public lands may be leased, but before a lease is executed the governing body must adopt a resolution in open meeting and give public notice.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7052. Lands may be leased in tracts of such size and shape as the governing body may determine. Before executing a lease of any such property, the governing body shall in open meeting, by not less than a two-thirds vote of its members, adopt a resolution declaring its intention to lease the property. The resolution shall describe the property proposed to be leased in such manner as to identify it, specify the minimum rental and term for which it will be leased, the form of the lease or agreement, and one variable, biddable factor, on which bids will be received, and fix a time not less than three weeks thereafter and place for a public meeting of said governing body, at which meeting sealed proposals to lease will be received and considered. The resolution shall, before the date of such meeting, be published once a week for three successive weeks in one or more newspapers of general circulation in the county where the property is situated. This section shall not apply to the renewal or extension for a fixed term not exceeding the original term of leases or operating agreements initially issued for a fixed term. The State Lands Commission may in its discretion exempt particular leases or operating agreements from the procedure required by this section and Section 7053 where by reason of the small size of the property or drainage, actual or imminent, such procedure would in the judgment of the State Lands Commission in the particular case be impractical. (Amended by Stats. 1963, Ch. 1196.)
  18. 7053.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    The governing body must open, examine, and record sealed proposals in public session at the time and place set in the resolution. It may lease the property to the highest responsible bidder, and it may also reject any or all bids and withdraw the property from lease if it thinks that is in the public interest.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7053. At the time and place fixed in the resolution for the meeting, all sealed proposals which have been received shall in public session be opened, examined, and recorded by the governing body, and the property may be leased to the highest responsible bidder in the judgment of the governing body. The governing body may, should it deem such action for the best public interest, at any time reject any and all bids and withdraw the property from lease. (Amended by Stats. 1945, Ch. 529.)
  19. 7054.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    When a governing body makes an order to lease, it authorizes the chair or other presiding officer to execute and deliver the lease to the lessee.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7054. An order to lease made by the governing body shall authorize and direct the execution and delivery by the chair or other presiding officer of a lease to the lessee. (Amended by Stats. 2010, Ch. 213, Sec. 13. (AB 2768) Effective January 1, 2011.)
  20. 7054.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    Some public-land mineral leases and drill-site designations need State Lands Commission approval before they can take effect or be made.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7054.5. No lease or modification thereof or amendment thereto for the production, extraction, or removal of minerals, oil, gas, or other hydrocarbons from tide or submerged lands which have been granted by the State to a public agency in trust wherein the State has not reserved the minerals, shall be effective or shall be delivered to the lessee unless and until it has been approved by the State Lands Commission. Prior to adopting the resolution provided for by Section 7052, the governing body may petition the State Lands Commission for approval of the form of the resolution. When any public agency mentioned in Section 7056 has the right to designate drill sites or areas for the production of oil, gas or other hydrocarbons from tide or submerged lands pursuant to leases, operating agreements, other agreements, or modifications or amendments thereof, which are otherwise authorized by law, then such public agencies must first obtain the approval of the State Lands Commission before designating such drill sites or areas. Such designation and approval shall, as far as possible, conform to the legal requirements, policies and regulations applicable to the development of state-owned or controlled tide or submerged lands for the production of oil, gas or other hydrocarbons. (Added by Stats. 1959, Ch. 1465.)
  21. 7055.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    Money from leases under this chapter must be paid into the general fund of the county or other public or quasi public corporation, body, or agency for its use.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7055. Any money accruing from leases under this chapter shall be paid into the general fund of the county or other public or quasi public corporation, body or agency for the use of the county or other public or quasi public corporation, body or agency, as the case may be. (Amended by Stats. 1945, Ch. 529.)
  22. 7056.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    This section applies the chapter to counties and certain public or quasi-public entities, and lets the governing body of a covered district lease district land for oil, gas, or mineral production if it follows the chapter.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7056. The provisions of this chapter shall apply to all counties and to such public or quasi-public corporations, bodies and agencies as are not otherwise authorized by law to lease for the production of oil, gas and other hydrocarbons, or for the mining of other minerals, lands owned by such public or quasi-public corporation, body or agency, including, without limiting the generality of the foregoing, such of the following districts as are not otherwise authorized by law to lease land for such purposes, to wit: mosquito abatement districts, pest abatement districts, county sanitation districts, sanitary districts, local health districts, public cemetery districts, fire protection districts, park and recreation districts, placer mining districts, soil conservation districts, harbor and port districts, veterans memorial districts, school districts, airport districts, conservancy districts, flood control districts, drainage districts, irrigation districts, reclamation districts, levee districts, water districts, overflow districts, storm water districts and county power pumping districts; provided, however, that notwithstanding any other provisions of law authorizing the execution of such leases, the governing body of any district mentioned in this section may lease lands belonging to such district for the production of oil, gas and other minerals upon complying with the provisions of this chapter. (Amended by Stats. 1951, Ch. 171.)
  23. 7056.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    Sections 7051 to 7056 apply to operating agreements and other agreements entered into by the agencies mentioned in Section 7056 for the purposes described in Section 7051.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7056.5. The provisions of Sections 7051 to 7056, inclusive, shall apply to operating agreements and all other types of agreements entered into by the agencies mentioned in Section 7056 for the purposes described in Section 7051. This section does not constitute a change in, but is declaratory of, the pre-existing law. (Added by Stats. 1959, Ch. 780.)
  24. 7057.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    Cities may lease city property for mineral, oil, gas, or hydrocarbon production, but the lease term cannot exceed 35 years and special limits apply to park-like property and certain tide or submerged lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7057. The property of any city may be leased for the purpose of producing or effecting the production of minerals, oil, gas or other hydrocarbon substances for a period not to exceed 35 years unless such property shall have been dedicated or acquired as a park, highway, street, walk or public playground, in which event such property may be leased for such purposes provided that the use of such property for park, highway, street, walk or public playground purposes shall not be substantially interfered with thereby; provided however, that if in the judgment of the governing body of any such park, highway, street, walk or public playground, drilling for oil or gas would not substantially interfere with the use of such property for park, highway, street, walk or playground purposes, then any such lease on any such property shall provide that drilling for oil or gas beneath the surface of such property shall be done by means of slant drilling from surface locations outside the outer boundaries of any such property, or from designated locations inside the outer boundaries of such property, which inside locations will not interfere substantially with the use of such property for such park, highway, street, walk or playground purposes. Such governing body shall prescribe such terms and conditions in such lease to the end that any drilling and producing operations will interfere as little as is possible with the use of the property for such park, highway, street, walk or playground purposes. The amendment of this section made at the 1959 Regular Session of the Legislature does not constitute a change in, but is declaratory of, the preexisting law. Notwithstanding any other provision of this section, no tide or submerged lands owned or under the jurisdiction of any city shall be leased for the exploration for, drilling for or production of petroleum products within the boundaries of the areas of the County of Los Angeles described in subdivision (a) of Section 6871.2 unless such lands are within one nautical mile of the ordinary high water mark, the applicable conditions of the Public Resources Code and requirements of the State Lands Commission have been met, and the drilling for oil and gas deposits is to be done by means of slant drilling from an upland site. (Amended by Stats. 1970, Ch. 1438.)
  25. 7058.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    Certain local public agencies may enter and modify unit or co-operative agreements for oil and gas field development and related operations.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7058. Any city, county, city and county, or district, in the interest of increasing the ultimate recovery of oil or gas, or of the protection of oil or gas from unreasonable waste, or of the possible arresting or amelioration of land subsidence, may enter into unit or co-operative agreements with respect to all or any part or parts of land owned, possessed, controlled, held in trust by, or otherwise under the jurisdiction of, such city, county, city and county or district, for the purpose of bringing about the co-operative development and operation of all or a part or parts of the oil and gas field in which such lands are located, or for the purpose of bringing about the development or operation of all or a part or parts of such field as a unit, or for the purpose of fixing the time, location, and manner of drilling and operating of wells for the production of oil or gas, or providing for the return or injection of gas, water or other substances into the subsurface of the earth for the purpose of storage or the repressuring of such oil or gas field. If any such unit or co-operative agreement includes tide and submerged lands which have been granted to a city, county, or city and county by a grant which does not reserve to the State the right to produce oil and gas therefrom, then the agreement shall comply with the requirements of Section 6879 of this code, and shall bind the State only if approved by the State Lands Commission pursuant to the provisions of Section 6879. Subject to the foregoing, and notwithstanding any competitive bidding requirements or restrictions on term contained in this chapter, or any other statute, including but not limited to Section 718 of the Civil Code, Sections 37383 and 37384 of the Government Code and Chapter 29 of the 1956 Statutes, First Extraordinary Session, any such city, county, city and county, or district may negotiate and execute all agreements necessary to effectuate, implement or modify any such unit or co-operative agreement, including the power to bind and commit lands, including tide and submerged lands, or any interest in lands, to the co-operative or unit agreement for the full term thereof, irrespective of whether the term thereof is for a period extending over the life of the field or for any other indefinite period, and irrespective of the termination date of any lease, contract or other agreement then in effect as to such lands. The power of any such city, county, city and county, or district to enter into unit or co-operative agreements shall include the power to do such other acts or things and to incur such other commitments and obligations as are customary in unit or co-operative agreements. This section shall apply to any city, county, city and county, or district, irrespective of whether they are authorized by this chapter or any other statute to lease or develop lands for the production of oil, gas, and other hydrocarbon substances. (Added by Stats. 1958, 1st Ex. Sess., Ch. 36.)
  26. 7058.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    A city’s governing body must adopt an open-meeting resolution before entering certain oil, gas, or hydrocarbon leases or agreements, and must publish the resolution and set a public meeting.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7058.5. Before a lease or any operating agreement or other type of agreement for the production of oil, gas, or other hydrocarbons is entered into after the effective date of this section, the governing body of a city shall in open meeting adopt a resolution declaring its intention to take such action. The resolution shall describe the property involved in such manner as to identify it, specify the minimum rental, royalty, or other consideration, and the term of the lease or agreement, the form of the lease or agreement, and one variable, biddable factor, on which bids will be received, and fix a time not less than 30 days thereafter and place for a public meeting of said governing body, at which meeting sealed proposals to lease or contract will be received and considered. The resolution shall, before the date of such meeting, be published once a week for four successive weeks in one or more newspapers of general circulation in the city where the property is situated, or, if there is no newspaper of general circulation in such city, in one or more newspapers of general circulation in the county where the property is situated. This section shall not apply to the renewal of leases or operating agreements issued for a fixed term; provided, that such renewals shall be subject to State Lands Commission approval as provided in Section 7060. As used in this section, governing body of a city means the city council, or other city board or agency having jurisdiction by charter or law over the property involved. (Added by Stats. 1959, Ch. 1457.)
  27. 7059.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    The city’s governing body must open, examine, and record sealed proposals in public, and generally award the lease or agreement to the highest responsible bidder.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7059. At the time and place fixed in the resolution for the meeting, all sealed proposals which have been received shall in public session be opened, examined, and recorded by the governing body of the city, and the property shall be leased to, or the agreement shall be made and entered into with, the highest responsible bidder in the judgment of the governing body. The governing body may, however, should it deem such action for the best public interest, at any time reject any and all bids and withdraw the property from lease or contract. As used in this section, governing body of a city means the city council, or other city board or agency having jurisdiction by charter or law over the property involved. (Added by Stats. 1959, Ch. 1457.)
  28. 706.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The department has possession and control of property and records held for the benefit or use of transferred bodies, offices, and officers.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 706. The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property, real or personal, held for the benefit or use of all bodies, offices, and officers whose duties, powers, and functions have been transferred to, and conferred upon, the department. (Added by Stats. 1976, Ch. 1300.)
  29. 7060.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    A city must get State Lands Commission approval before a covered lease or agreement becomes effective, and must get advance consent before agreeing to any modification or amendment.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7060. (a) No such lease or agreement shall be effective unless prior to adopting the resolution provided for by Section 7058.5 the city shall have petitioned the State Lands Commission for approval of the proposed resolution, and the proposed resolution shall have been approved by the State Lands Commission. (b) No city shall consent to the modification or amendment of any such lease or agreement without the advance consent of the State Lands Commission to such modification or amendment. (Added by Stats. 1959, Ch. 1457.)
  30. 7061.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    Certain public-lands lease procedures apply to specified cities, and the State Lands Commission may exempt some leases or operating agreements in limited cases.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7061. The provisions of Sections 7058.5 to 7059, inclusive, shall be applicable to all general-law cities and shall be applicable to general-law and chartered cities with respect to tide or submerged lands granted in trust to such cities by the State where mineral rights have not been reserved to the State. Section 7060 shall be applicable to both general-law and chartered cities only with respect to tide or submerged lands granted in trust to such cities by the State, where mineral rights have not been reserved to the State. The provisions of Sections 7058.5 to 7060, inclusive, shall not apply to activities regulated by Chapter 29 of the Statutes of the 1956 First Extraordinary Session. The State Lands Commission may in its discretion exempt particular leases or operating agreements from the procedure required by Sections 7058.5 and 7059 where by reason of the small size of the property or drainage, actual or imminent, such procedure would in the judgment of the State Lands Commission in the particular case be impractical. (Amended by Stats. 1963, Ch. 1196.)
  31. 7061.1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    Certain local public entities may not enter into specified unit or cooperative agreements for petroleum exploration, drilling, or production on covered tide or submerged lands unless all stated conditions are met.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7061.1. Notwithstanding the provisions of Section 7058, no city, county, city and county, or district may enter into a unit or cooperative agreement pursuant to that section under which exploration for, drilling for, or production of petroleum products is proposed with respect to any part or parts of an oil and gas field located in tide or submerged lands which are within the boundaries of the areas of the county of Los Angeles described in subdivision (a) of Section 6871.2 unless such lands are within one nautical mile of the ordinary high water mark, the applicable conditions of the Public Resources Code and requirements of the State Lands Commission have been met, and the drilling for oil and gas deposits is to be done by means of slant drilling from an upland site. (Added by Stats. 1970, Ch. 1438.)
  32. 7062.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. )

    Verify source ↗

    Each city covered by this section must file an annual detailed revenue-and-expenditure statement with the State Lands Commission by October 1.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies [7051 - 7062] ( Heading of Chapter 5 amended by Stats. 1945, Ch. 529. ) ## 7062. (a) On or before October 1st of each year, each city shall cause to be made and filed with the State Lands Commission a detailed statement of all revenue and expenditures thereof from any operating agreement or other type of lease or agreement for the production of oil, gas, or other hydrocarbons, including obligations incurred but not yet paid. Said statement shall cover the fiscal year preceding its submission and shall show the project or operation for which each such expenditure or obligation is made or incurred. (b) In addition to the other powers and duties specifically delegated to it, the State Lands Commission shall have authority to examine financial and operating records of any city relating to the production and sale of oil, gas, and other hydrocarbons under any operating agreement or other type of lease or agreement for the production of oil, gas, or other hydrocarbons and to conduct such other investigations and studies as it may deem necessary in connection therewith. The provisions of this section shall be applicable only with respect to tide or submerged lands granted in trust to cities by the State. The provisions of this section shall not apply to activities regulated by Chapter 29 of the Statutes of the 1956 First Extraordinary Session. (Added by Stats. 1959, Ch. 1464.)
  33. 707.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    If the department has excess or mistaken money in the General Fund, or a refund is otherwise due, the director must file a claim with the State Controller, and the State Controller must issue payment of the refund.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 707. Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or whenever a refund of all or a portion of such money is due any person, firm, or corporation because of the termination of an agreement or other lawful reason, payment of such refund shall be made upon the filing of a claim by the director with the State Controller. The State Controller shall draw his warrant for payment of the refund from any appropriation made for that purpose. (Added by Stats. 1976, Ch. 1300.)
  34. 707.1.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The department must deposit recovered fire-cost moneys into the Treasury and submit an annual report to the Legislature by January 10.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 707.1. (a) Any moneys recovered by the department in a civil action to recover state costs related to fire suppression, rescue, or emergency medical services pursuant to Section 13009 of the Health and Safety Code shall be deposited by the department into the Treasury as provided in Section 16305.2 of the Government Code. (b) (1) Notwithstanding Section 10231.5 of the Government Code, the department shall, no later than January 10 of each year, submit a report to the Legislature regarding any moneys recovered by the department in a civil action, as described in subdivision (a), in the prior year. The report shall include, but not be limited to, all of the following information: (A) Name, date, location, and total costs of the fire, and the amount of any federal moneys received. (B) Settlement or judgment information including the date and total value of the settlement or judgment. (C) The amount of the settlement or judgment abated against expenses whether state or federal, local remittance, or total General Fund recovery including the abatement of expenses or miscellaneous revenues. (D) Information specifying whether the settlement, if applicable, was approved at the unit, region, or headquarters level. (2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (c) All moneys in the account in the Special Deposit Fund entitled “Civil Cost Recovery Investigation Support Account” shall be immediately transferred to the General Fund. (Added by Stats. 2014, Ch. 250, Sec. 1. (SB 1075) Effective January 1, 2015.)
  35. 708.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The department may issue and exchange publications and exhibits to disseminate information about its work, with approval from the Department of General Services. Money from publication sales must go into the State Treasury for the General Fund.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 708. For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department, with the approval of the Department of General Services, may issue publications, construct and maintain exhibits, and perform such acts and carry on such functions as in the opinion of the director will best tend to disseminate such information. Such publications may be distributed free of charge to public libraries and to other state departments and state officers. The department may exchange copies with contemporary publications. All money received by the department from the sale of publications shall be paid into the State Treasury to the credit of the General Fund. (Added by Stats. 1976, Ch. 1300.)
  36. 709.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The director is subject to certain Government Code provisions, may appoint necessary staff, must keep enough qualified employees on hand, and may delegate powers or duties to department employees.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 709. The provisions of Chapter 2 (commencing with Section 11150) of Part 1 of Division 6 of Title 2 of the Government Code apply to the director. The director may appoint, in accordance with the State Civil Service Act, such deputies, officers, and other employees as may be necessary. The director shall assure an adequate number of employees who, by reason of their education or professional qualifications, are equipped to perform the duties required under the Z'berg-Nejedly Forest Practice Act of 1973, including, but not limited to, the review of timber harvesting plans and performing the necessary inspections of timber operations. The director may authorize any employee of the department, to exercise any power granted to, or perform any duty imposed upon, the director by the State Civil Service Act. (Added by Stats. 1976, Ch. 1300.)
  37. 710.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The director may not amend or repeal any order, regulation, ruling, or directive of the board.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 710. The director shall have no power to amend or repeal any order, regulation, ruling, or directive of the board. (Added by Stats. 1976, Ch. 1300.)
  38. 7100.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Leases for Offshore Wind Energy Projects [7100- 7100.] ( Chapter 6 added by Stats. 2023, Ch. 386, Sec. 1. )

    Verify source ↗

    The commission must deposit offshore wind lease revenue into a new state fund, and when issuing offshore wind leases it must consider mitigation for fishing and tribal impacts.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 2. LEASING OF PUBLIC LANDS [6501 - 7100] ( Part 2 added by Stats. 1941, Ch. 548. ) ## CHAPTER 6. Leases for Offshore Wind Energy Projects [7100- 7100.] ( Chapter 6 added by Stats. 2023, Ch. 386, Sec. 1. ) ## 7100. (a) Notwithstanding Section 6217, the commission shall deposit revenue generated from an offshore wind energy project lease in the Offshore Wind Energy Resiliency Fund, which is hereby created in the State Treasury. Moneys in the fund shall be available, upon appropriation by the Legislature, for the purposes described in paragraph (7) of subdivision (c) of Section 30616. (b) The commission or a local trustee of granted public trust lands, when issuing a lease for purposes of an offshore wind energy project, shall consider including within the lease reasonable compensatory mitigation for unavoidable impacts to fishing and tribal interests pursuant to Section 30616. In considering the inclusion of reasonable compensatory mitigation, the commission or a local trustee of granted public trust lands shall consider the recommendations for reasonable compensatory mitigation made by the California Offshore Wind Energy Fisheries Working Group established pursuant to Section 30616, including the working group’s recommendations for a payment structure to reasonably compensate commercial, tribal, and recreational fisheries and impacted commercial fish processors for unavoidable impacts associated with offshore wind energy projects. (Added by Stats. 2023, Ch. 386, Sec. 1. (SB 286) Effective January 1, 2024.)
  39. 71000.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 1. Legislative Findings and Intent [71000 - 71001] ( Chapter 1 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    This part may be cited as the Environmental Protection Permit Reform Act of 1993.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 1. Legislative Findings and Intent [71000 - 71001] ( Chapter 1 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71000. This part shall be known, and may be cited, as the Environmental Protection Permit Reform Act of 1993. (Amended by Stats. 1996, Ch. 962, Sec. 6. Effective January 1, 1997.)
  40. 71001.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 1. Legislative Findings and Intent [71000 - 71001] ( Chapter 1 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    This section says the Secretary for Environmental Protection must create efficient procedures to help businesses and public agencies comply with environmental laws while still protecting public health, safety, and the environment.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 1. Legislative Findings and Intent [71000 - 71001] ( Chapter 1 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71001. The Legislature hereby finds and declares all of the following: (a) California’s environmental protection programs have established strict standards to reduce pollution and protect the public health and safety and the environment. The single purpose programs instituted to achieve these standards have been among the most successful efforts in the world, and have produced significant gains in protecting California’s environment in the face of substantial population growth. (b) Continued progress to achieve the environmental standards in face of continued population growth will require greater coordination between the single purpose environmental programs and more efficient operation of these programs overall. Pollution must be prevented and controlled and not simply transferred to another media or another place. This goal can only be achieved by maintaining the current environmental protection standards and by greater integration of the existing programs. (c) As the number of environmental laws and regulations have grown in California, so have the number of permits required of business and government. This regulatory burden has significantly added to the cost and time needed to obtain essential operating permits in California. The increasing number of individual permits and permit authorities has generated the continuing potential for conflict, overlap, and duplication between the various state, local, and federal environmental permits. (d) To ensure that local needs and environmental conditions receive the proper attention, the issuance of environmental permits should continue to be made, to the extent feasible, at the regional and local levels of the environmental programs. To establish the framework for coordination among the regional offices of the environmental protection programs, consistency in regional boundaries should be achieved to the maximum extent practicable. (e) The purpose of this division is to require the Secretary for Environmental Protection to institute new, efficient procedures which will assist businesses and public agencies in complying with the environmental quality laws in an expedited fashion, without reducing protection of public health and safety and the environment. (f) Those procedures need to provide a permit process that promotes effective dialogue and ensures ease in the transfer and clarification of technical information, while preventing duplication. It is necessary that the procedures establish a process for preliminary and ongoing meetings between the applicant, the consolidated permit agency, and the participating permit agencies, but do not preclude the applicant or participating permit agencies from individually coordinating with each other. (g) It is necessary, to the maximum extent practicable, that the procedures established in this division ensure that the consolidated permit agency process and applicable permit requirements and criteria are integrated and run concurrently, rather than consecutively. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  41. 71010.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    This section defines “Secretary” as the Secretary for Environmental Protection.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71010. “Secretary” means the Secretary for Environmental Protection. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  42. 71011.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    “Environmental agency” is defined to include several state, regional, local, and specified permit agencies.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71011. “Environmental agency” means any of the following: (a) The Department of Toxic Substances Control, the Department of Pesticide Regulation, the State Air Resources Board, the State Water Resources Control Board, the California Integrated Waste Management Board, and the Office of Environmental Health Hazard Assessment. (b) A California regional water quality control board. (c) A district, as defined in Section 39025 of the Health and Safety Code. (d) An enforcement agency, as defined in Section 40130 of the Public Resources Code. (e) A county agricultural commissioner with respect to his or her administration of Divisions 6 (commencing with Section 11401) and 7 (commencing with Section 12501) of the Food and Agricultural Code. (f) The local agency responsible for administering Chapter 6.7 (commencing with Section 25280) of the Health and Safety Code concerning underground storage tanks and any underground storage tank ordinance adopted by a city or county. (g) The local agency responsible for the administration of the requirements imposed pursuant to Section 13370.5 of the Water Code. (h) A certified unified program agency as provided in Chapter 6.11 (commencing with Section 25404) of Division 20 of the Health and Safety Code. (i) Any other state, regional, or local permit agency for the project that participates at the request of the permit applicant upon the permit agency’s agreement to be subject to this division. (Amended by Stats. 1996, Ch. 367, Sec. 1. Effective August 19, 1996.)
  43. 71012.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    This section defines “environmental permit” as certain licenses, certificates, registrations, permits, or other environmental-agency authorizations for a particular activity, and it excludes some Division 13 certifications or decisions.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71012. “Environmental permit” means any license, certificate, registration, permit, or other form of authorization required by an environmental agency to engage in a particular activity. “Environmental permit” includes, but is not limited to, activities subject to Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, if the activities are under the jurisdiction of an environmental agency. “Environmental permit” does not include any certification or decision pursuant to Division 13 (commencing with Section 21000). (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  44. 71013.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    “Project” means an activity that needs an environmental permit from two or more environmental agencies.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71013. “Project” means an activity, the conduct of which requires an environmental permit from two or more environmental agencies. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  45. 71014.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    “Consolidated permit” means a single permit document that combines environmental permits for a project.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71014. “Consolidated permit” means a permit incorporating the environmental permits granted by environmental agencies for a project and issued in a single permit document by the consolidated permit agency. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  46. 71015.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    “Consolidated permit agency” means the environmental agency with the greatest overall jurisdiction over a project, as determined under Section 71020.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71015. “Consolidated permit agency” means the environmental agency that has the greatest overall jurisdiction over a project, as determined pursuant to Section 71020. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  47. 71016.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    This section defines “participating permit agency” as an environmental agency other than the consolidated permit agency that issues an environmental permit for a project.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71016. “Participating permit agency” means an environmental agency, other than the consolidated permit agency, that is responsible for the issuance of an environmental permit for a project. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  48. 71017.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    This section defines “Council” as the California Environmental Policy Council and states that the council is created with seven listed members or their designees.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 2. Definitions [71010 - 71017] ( Chapter 2 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71017. (a) “Council” means the California Environmental Policy Council. (b) The council is hereby created and consists of the following members or their designees: (1) The Secretary for Environmental Protection. (2) The Director of Pesticide Regulation. (3) The Director of Toxic Substances Control. (4) The Chairperson of the State Air Resources Board. (5) The Chairperson of the State Water Resources Control Board. (6) The Director of the Office of Environmental Health Hazard Assessment. (7) The Chairperson of the California Integrated Waste Management Board. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  49. 71020.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    The secretary must create a process for designating a consolidated permit agency, set guidelines for doing so, and provide a referral procedure to the council.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71020. (a) On or before January 1, 1995, the secretary shall establish an administrative process which may be used, at the request of a permit applicant for a project pursuant to Section 71021, for the designation of a consolidated permit agency for the project. (b) That administrative process shall consist of the establishment of guidelines for designating the consolidated permit agency for the project. The guidelines shall be adopted as regulations pursuant to Chapter 3.5 (commencing with Section 11340) of Division 3 of Title 2 of the Government Code. In those cases where an environmental agency is the lead agency for purposes of Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, or Division 13 (commencing with Section 21000), that environmental agency shall be the consolidated permit agency. In other cases, the guidelines shall require that at least the following factors be considered in determining which environmental agency has the greatest overall jurisdiction over the project: (1) The types of facilities or activities that make up the project. (2) The types of public health and safety and environmental concerns that should be considered in issuing environmental permits for the project. (3) The environmental medium that may be affected by the project, the extent of those potential effects, and the environmental protection measures that may be taken to prevent the occurrence of, or to mitigate, those potential effects. (4) The regulatory activity that is of greatest importance in preventing or mitigating the effects that the project may have on public health and safety or the environment. (5) The statutory and regulatory requirements that apply to the project and the complexity of those requirements. (c) The secretary shall also establish a procedure for referring projects to the council for the designation of a consolidated permit agency in any of the following circumstances: (1) Because of the nature of the project, the guidelines adopted pursuant to subdivision (a) do not provide clear guidance concerning which environmental agency should be designated the consolidated permit agency. (2) The consolidated permit agency or a participating permit agency disagrees with the designation of the consolidated permit agency. (3) The environmental agency designated as the consolidated permit agency under the guidelines declines the designation and participating permit agencies are not willing to accept designation as the consolidated permit agency. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  50. 71021.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    A permit applicant may ask for a consolidated permit agency, and the secretary must act within 30 days. The applicant must provide project and permit information, and the consolidated permit agency must coordinate the permit process.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71021. (a) A permit applicant for a project may request the secretary to designate a consolidated permit agency to administer the processing and issuance of a consolidated permit for the project pursuant to this division. The secretary, in accordance with the guidelines and procedures adopted pursuant to Section 71020, shall, within 30 days of the date that the request is received, either designate a consolidated permit agency for the project or refer the designation to the council. (b) A permit applicant who requests the designation of a consolidated permit agency shall provide the secretary with a description of the project, a preliminary list of the environmental permits that the project may require, the identity of any public agency that has been designated the lead agency for the project pursuant to Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code or Division 13 (commencing with Section 21000) of the Public Resources Code, and the identity of the participating permit agencies. The secretary may request any information from the permit applicant that is necessary to make the designation under subdivision (a), and may convene a scoping meeting of the likely consolidated permit agency and participating permit agencies in order to make that designation. (c) The consolidated permit agency shall serve as the main point of contact for the permit applicant with regard to the processing of the consolidated permit for the project and shall manage the procedural aspects of that processing consistent with existing laws governing the consolidated permit agency and participating permit agencies, and with the procedures agreed to by those agencies in accordance with Section 71022. In carrying out these responsibilities, the consolidated permit agency shall ensure that the permit applicant has all the information needed to apply for all the component environmental permits that are incorporated in the consolidated permit for the project, coordinate the review of those environmental permits by the respective participating permit agencies, ensure that timely environmental permit decisions are made by the participating permit agencies, and assist in resolving any conflict or inconsistency among the environmental permit requirements and conditions that are to be imposed by the participating permit agencies with regard to the project. (d) This division shall not be construed to limit or abridge the powers and duties granted to a participating permit agency pursuant to the law that authorizes or requires the agency to issue an environmental permit for a project. Each participating permit agency shall retain its authority to make all decisions on all nonprocedural matters with regard to the respective component environmental permit that is within its scope of its responsibility, including, but not limited to, the determination of environmental permit application completeness, environmental permit approval or approval with conditions, or environmental permit denial. The consolidated permit agency may not substitute its judgment for that of a participating permit agency on any such nonprocedural matters. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  51. 71022.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    The consolidated permit agency must hold a meeting with the applicant and participating permit agencies within 15 working days after it is designated.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71022. (a) Within 15 working days of the date that the consolidated permit agency is designated, the consolidated permit agency shall convene a meeting with the permit applicant for the project and the participating permit agencies. The meeting agenda shall include at least all of the following matters: (1) A determination of the environmental permits that are required for the project. (2) A review of the environmental permit application forms and other application requirements of the agencies that are participating in the consolidated permit. (3) A discussion of the option available to the permit applicant to use the consolidated permit application form that is authorized by subdivision (e) or (f) of Section 15399.56 of the Government Code in lieu of the separate application forms for each component environmental permit that would be provided by the consolidated permit agency and the participating permit agencies. (4) A determination of the time lines that will be used by the consolidated permit agency and each participating permit agency to make environmental permit decisions, including the time periods required to determine if the environmental permit applications are complete or the consolidated permit application is complete, to review the application or applications, and to process the component environmental permits, and the timelines that will be used by the consolidated permit agency to aggregate the component environmental permits into, and to issue, the consolidated permit. Notwithstanding Chapter 3 (commencing with Section 15374) of Part 6.7 of Division 3 of Title 2 of the Government Code, and Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7 of the Government Code, the timelines established pursuant to this paragraph may, with the assent of the consolidated permit agency and each participating permit agency, commit the consolidated permit agency and each participating permit agency to act on the component environmental permit within time periods that are different than those required by Sections 65950 and 65952 of the Government Code, subdivisions (a) and (b) of Section 15376 of the Government Code, or other applicable provisions of law. However, no accelerated time period for the consideration of an environmental permit application may be set if that accelerated time period would be inconsistent with, or in conflict with, any time period or series of time periods set by statute for that consideration, or with any statute, rule, or regulation, or adopted state policy, standard, or guideline, which require any of the following: (A) Other agencies, interested persons, or the public to be given adequate notice of the application. (B) Other agencies to be given a role in, or be allowed to participate in, the decision to approve or disapprove the application. (C) Interested persons or the public to be provided the opportunity to challenge, comment on, or otherwise voice their concerns regarding the application. (5) The scheduling of any public hearings that are required to issue environmental permits for the project and a determination of the feasibility of coordinating or consolidating any of those required public hearings. (6) A discussion of fee arrangements for the consolidated permit process, including an estimate of the fee required under Section 71026 and the billing schedule. (b) The consolidated permit agency may request any information from the applicant that is necessary to comply with its obligations under this section, consistent with the timelines set pursuant to this section. (c) A summary of the decisions made pursuant to this section shall be made available for public review upon the filing of the consolidated environmental permit application or environmental permit applications. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  52. 71023.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    A permit applicant may ask to leave the consolidated permit process, and the consolidated permit agency must notify the secretary and participating agencies when that happens.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71023. (a) The permit applicant may withdraw from the consolidated permit process by submitting to the consolidated permit agency a written request that the process be terminated. Upon receipt of the request, the consolidated permit agency shall notify the secretary and each participating permit agency that a consolidated permit is no longer applicable to the project. (b) The permit applicant may submit a written request to the consolidated permit agency that the permit applicant wishes a participating permit agency to withdraw from participation on the basis of a reasonable belief that the issuance of the consolidated permit would be accelerated if the participating permit agency withdraws. In that event, the participating permit agency shall withdraw from participation if the consolidated permit agency approves the request. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  53. 71024.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    The consolidated permit agency must make sure participating permit agencies issue the environmental permit decisions needed to incorporate permits into the consolidated permit and act within the required time periods.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71024. The consolidated permit agency shall ensure that the participating permit agencies make all the environmental permit decisions that are necessary for the incorporation of the environmental permits into the consolidated permit and act on the component environmental permits within the time periods established pursuant to paragraph (4) of subdivision (a) of Section 71022. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  54. 71025.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    An environmental permit included in a consolidated permit keeps the same legal status and regulatory effect it would have if issued separately, and it is administered and enforced by the agency that would otherwise issue it.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71025. Each environmental permit incorporated in the consolidated permit shall have the legal status and the regulatory effect that is specified in the statute and regulations under which the environmental permit would be separately issued and shall be administered and enforced by the environmental agency that would have separately issued it. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  55. 71026.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    A consolidated permit agency may charge a reasonable fee, but the fee must recover only the costs of consolidated permit services.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71026. (a) A consolidated permit agency may charge and collect a reasonable fee from any person seeking a consolidated permit to recover the estimated costs incurred by the consolidated permit agency in carrying out the requirements of this division. (b) The fees charged shall recover only the costs of performing those consolidated permit services and shall be either negotiated with the permit applicant in the meeting required pursuant to Section 71022, or shall be set by the environmental agency in advance of its designation as a consolidated permit agency for the project in a fee schedule adopted by the environmental agency for use in the event that the environmental agency is so designated. In addition, the billing process shall provide for accurate time and cost accounting and a billing cycle that provides for progress payments. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  56. 71027.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    A permit applicant must submit a review petition to the appropriate permit agency, and the receiving environmental agency must notify the other participating agencies within 30 days.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71027. A petition by the permit applicant for review of an environmental agency action in issuing, denying, or amending an environmental permit, or any portion of a consolidated permit agency permit, shall be submitted by the permit applicant to the consolidated permit agency or the participating permit agency having jurisdiction over that portion of the consolidated permit and shall be processed in accordance with the procedures of that environmental agency. The environmental agency receiving the petition shall, within 30 days, notify the other environmental agencies participating in the original consolidated permit. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  57. 71028.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    If an applicant seeks a significant amendment or modification, the consolidated permit agency must reconvene the participating permit agencies’ meeting.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71028. If an applicant petitions for a significant amendment or modification to a consolidated permit application or any of its component environmental permit applications, the consolidated permit agency shall reconvene a meeting of the participating permit agencies, conducted in accordance with Section 71022. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  58. 71029.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    If an applicant does not provide required information, the division’s time requirements are paused until the information is provided.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 3. Consolidated Permits [71020 - 71029] ( Chapter 3 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71029. If an applicant fails to provide information required for the processing of the component environmental permit applications for a consolidated permit or for the designation of a consolidated permit agency, the time requirements of this division shall be tolled until such time as the information is provided. (Added by Stats. 1993, Ch. 419, Sec. 5. Effective January 1, 1994.)
  59. 71030.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 4. Time Limit Appeals [71030 - 71031] ( Chapter 4 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    The secretary must adopt regulations for an expedited permit-appeals process, and may order agency action and fee reimbursement when appeal time limits were violated without good cause.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 4. Time Limit Appeals [71030 - 71031] ( Chapter 4 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71030. (a) On or before December 31, 1994, the secretary shall adopt regulations establishing an expedited appeals process by which a petitioner or applicant may appeal any failure by an environmental agency to take timely action on the issuance or denial of an environmental permit in accordance with the time limits established pursuant to Section 71022 or Section 25199.6 of the Health and Safety Code. (b) If the secretary finds that the time limits under appeal have been violated without good cause, the secretary shall establish a date certain by which the environmental agency shall act on the permit application with adequate provision for the requirements of subparagraphs (A) to (C), inclusive, of paragraph (4) of subdivision (a) of Section 71022, and provide for the full reimbursement of any filing or permit processing fees paid by the applicant to the environmental agency for the permit application under appeal. For purposes of this section, “good cause” shall have the same meaning as defined in subdivision (g) of Section 15376 of the Government Code. (c) The determination of the secretary on an appeal shall be based only on procedural violations, including, but not limited to, the exceeding of time limits, not on any nonprocedural matter with regard to the environmental permit application or the environmental permit. (d) In cases of a violation of time limits set pursuant to Section 71022, the determination of the secretary to order a reimbursement of any application filing fee pursuant to the regulations adopted pursuant to subdivision (a) shall only be applicable to the consolidated permit agency or to the participating permit agencies that are in violation of the time limits without showing good cause. (e) Notwithstanding any other provision of this section, an appeal pursuant to subdivision (a) shall be only for violations of the time limits established pursuant to Section 71022 for those environmental agencies described in subdivisions (c) and (h) of Section 71011. (Amended by Stats. 2002, Ch. 405, Sec. 72. Effective January 1, 2003.)
  60. 71031.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 4. Time Limit Appeals [71030 - 71031] ( Chapter 4 added by Stats. 1993, Ch. 419, Sec. 5. )

    Verify source ↗

    State environmental agencies may create precertification processes and standardized permits; the secretary must coordinate standardization, local agencies may add requirements, and agencies may charge only reasonable fees.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1. PERMITS [71000 - 71031] ( Part 1 heading added by Stats. 1994, Ch. 1112, Sec. 3. ) ## CHAPTER 4. Time Limit Appeals [71030 - 71031] ( Chapter 4 added by Stats. 1993, Ch. 419, Sec. 5. ) ## 71031. (a) Each state environmental agency, as defined in subdivisions (a) and (b) of Section 71011, in consultation and coordination with all interested parties, may adopt a process to precertify equipment and processes as being in compliance with any laws and regulations applicable to the state environmental agency. The secretary shall ensure that, to the extent one or more state environmental agencies adopt regulations pursuant to this section, the regulations are standardized and coordinated in the most efficient and effective manner feasible. (b) If a state environmental agency adopts regulations pursuant to subdivision (a), it shall, to the extent feasible and appropriate, adopt standardized permits to incorporate equipment and processes precertified pursuant to subdivision (a). Where applicable, the state environmental agencies shall include, as part of their precertification, a model standardized permit ordinance that local environmental agencies may adopt. (c) Local environmental agencies, as defined in subdivisions (c) to (h), inclusive, of Section 71011, may adopt standardized permits to incorporate equipment and processes precertified pursuant to subdivision (a). Nothing in this section shall limit the ability of a local environmental agency to adopt additional requirements as part of the standardized permit to meet local health and safety concerns. (d) For purposes of this section, a “standardized permit” means a permit for pollution sources or activities that are the same or similar in their nature, and which require the submission of the same or similar information for purposes of issuing, monitoring, and enforcing permit requirements. (e) Nothing in this section shall result in the reduction or elimination of environmental or public health protection or public participation, as provided under all applicable laws, in the issuance of any permit authorized by this section. (f) Any environmental agency may charge a reasonable fee for costs incurred pursuant to this section, not to exceed estimated reasonable costs. Any fee shall be subject to Section 57001 of the Health and Safety Code. (Added by Stats. 1996, Ch. 367, Sec. 2. Effective August 19, 1996.)
  61. 71040.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1.5. PERMIT ASSISTANCE CENTERS [71040 - 71041] ( Part 1.5 added by Stats. 1999, Ch. 65, Sec. 3. )

    Verify source ↗

    The Governor’s Office of Business and Economic Development must establish an online permit assistance center called CALGOLD.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1.5. PERMIT ASSISTANCE CENTERS [71040 - 71041] ( Part 1.5 added by Stats. 1999, Ch. 65, Sec. 3. ) ## 71040. The Governor’s Office of Business and Economic Development shall establish an electronic online permit assistance center through the Internet. The electronic online permit assistance center shall be available for use by any business or other entity subject to a law or regulation implemented by an agency, authority, bureau, board, commission, conservancy, council, department, state district, or office, and shall provide a business or other entity with assistance in complying with those laws and regulations. The center, which shall be called the “California Government-On Line to Desktops” or “CALGOLD” program, shall provide special software, “hotlinks,” and other online resources and tools that may be used by a business or other entity to streamline and expedite compliance with laws and regulations implemented by an agency, authority, bureau, board, commission, conservancy, council, department, state district, or office. The CALGOLD program shall, to the extent feasible, incorporate permit assistance activities of local and federal entities and of other entities of the state into its operations. (Amended by Stats. 2012, Ch. 294, Sec. 13. (AB 2012) Effective September 11, 2012.)
  62. 71041.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1.5. PERMIT ASSISTANCE CENTERS [71040 - 71041] ( Part 1.5 added by Stats. 1999, Ch. 65, Sec. 3. )

    Verify source ↗

    The CALGOLD program must be periodically reviewed and updated when necessary to help businesses that need permitting and regulatory compliance information.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 1.5. PERMIT ASSISTANCE CENTERS [71040 - 71041] ( Part 1.5 added by Stats. 1999, Ch. 65, Sec. 3. ) ## 71041. The CALGOLD program shall be reviewed periodically and, when necessary, updated to assist businesses in the state that would benefit from information on permitting and regulatory compliance, including emerging industries and life sciences industries. (Added by Stats. 2006, Ch. 283, Sec. 1. Effective January 1, 2007.)
  63. 71050.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 1. Legislative Findings and Declarations [71050- 71050.] ( Chapter 1 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    This section states legislative findings about the burdens of paper-based environmental reporting and the value of common electronic data formats.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 1. Legislative Findings and Declarations [71050- 71050.] ( Chapter 1 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71050. The Legislature hereby finds and declares all of the following: (a) Environmental data is currently required by, and submitted to, a variety of public agencies with jurisdiction at the state, regional, and local levels of government. The same information is often submitted by the regulated community to different public agencies, almost always on one or more paper forms. Since a different format is now required for each such report, data items are required to be reformatted one or more additional times at a cost of time and money that brings no accompanying environmental benefit. (b) The blizzard of incoming paper reports often exceeds the capacity of a public agency to digest the information. In some cases, the public agency cannot look at or evaluate all of the data received on paper. That problem of data utility is aggravated further by the current wasteful and error-laden practice of retyping data from paper forms into the public agency’s computer data base. (c) In many cases, reported data originates in a computer data base maintained by the company submitting the report. The retyping of data by the public agency could be completely eliminated if business entities were permitted to submit the data in a single electronic format which every public agency could then use. That standard approach would permit both business entities and public agencies to save time and money that is now spent in reformatting, reentering, and reediting data. The data would also be available more quickly to any member of the public interested in using the data. (d) Business entities already use common, standardized electronic data formats and protocols to exchange commercial and technical information on materials to be transported and used in manufacturing. That application of electronic data interchange is an important factor in determining the competitiveness of business entities in this state. The imposition by government of barriers to, or multiple incompatible data format requirements on, those existing electronic interchanges impairs the competitiveness of business entities without bringing any accompanying environmental benefit. (e) It is the policy of the state, for environmental and hazardous materials reporting purposes, to employ nonproprietary electronic data formats and transmission protocols that already function effectively for ongoing commercial and industrial data exchanges between business entities and across different computer operating systems instead of expending public funds to develop public agency-specific formats and protocols. (Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
  64. 71053.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 2. Definitions [71053 - 71055] ( Chapter 2 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    This section defines “advisory committee” as the Environmental Data Management Advisory Committee established under Section 71064.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 2. Definitions [71053 - 71055] ( Chapter 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71053. “Advisory committee” means the Environmental Data Management Advisory Committee established pursuant to Section 71064. (Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
  65. 71054.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 2. Definitions [71053 - 71055] ( Chapter 2 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    This section defines “Agency” as the California Environmental Protection Agency.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 2. Definitions [71053 - 71055] ( Chapter 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71054. “Agency” means the California Environmental Protection Agency. (Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
  66. 71055.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 2. Definitions [71053 - 71055] ( Chapter 2 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    This section defines “Secretary” as the Secretary for Environmental Protection.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 2. Definitions [71053 - 71055] ( Chapter 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71055. “Secretary” means the Secretary for Environmental Protection. (Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
  67. 71060.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    The secretary must develop and adopt information technology standards for environmental data reporting.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71060. The secretary shall develop and adopt information technology standards by which public agencies and regulated business entities and the other members of the regulated community may use computers and other information technology to specify, request, report, collect, communicate, process, display, disseminate, or otherwise utilize data for environmental data reporting requirements that are imposed in the course of granting permits or other authorizations to operate issued pursuant to specified provisions of state and federal law and regulations. (Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
  68. 71061.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    The secretary must create a standardized electronic format and protocol for exchanging electronic data to meet environmental reporting and related usage requirements.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71061. The secretary shall establish a standardized electronic format and protocol for the exchange of electronic data for the purpose of meeting environmental data reporting or other usage requirements that are imposed pursuant to all of the following laws and regulations adopted pursuant to those laws: (a) Chapter 6.5 (commencing with Section 25100), including, but not limited to, Article 6 (commencing with Section 25160), Chapter 6.7 (commencing with Section 25280), and Chapter 6.95 (commencing with Section 25500) of Division 20 of the Health and Safety Code. (b) Article 1 (commencing with Section 42300) of Chapter 4 of Part 4 of Division 26 of the Health and Safety Code. (c) Division 7 (commencing with Section 13000) of the Water Code. (d) The Solid Waste Disposal Act (42 U.S.C. Sec. 6901 et seq.). (e) The Emergency Planning and Community Right-to-Know Act (42 U.S.C. Sec. 11001 et seq.). (f) Any other law relating to environmental protection, including, but not limited to, hazardous waste, substances, and materials, as determined by the secretary. (Amended by Stats. 1998, Ch. 880, Sec. 13. Effective January 1, 1999.)
  69. 71062.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    The secretary must identify certain environmental data reporting or usage requirements and build them into a standardized electronic format and protocol, plus create a data dictionary and evaluation criteria.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71062. The secretary shall identify the environmental data reporting or usage requirements imposed pursuant to the laws listed in Section 71061 and reflect those requirements in the elements of the standardized electronic format and protocol, develop a data dictionary that describes the characteristics of each format element and its relationship to each environmental data reporting or usage requirement, and develop evaluation criteria by which the successful use of the standardized electronic format and protocol may be measured. (Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
  70. 71063.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    This section creates a pilot program for electronic environmental data reporting in Santa Clara and San Mateo counties and lets eligible participating businesses submit data in the prescribed standardized format.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71063. (a) The proposed standardized electronic format and protocol required by Section 71061 and the alternative signature techniques required by Section 71066 shall be tested in the Counties of Santa Clara and San Mateo as a pilot program, for a period determined by the secretary, and at the initiative of business entity report submitters who have organized to implement electronic data interchange among themselves for other business purposes and who wish to employ the same technology for exchanging environmental data. Any of the participating business entities located within those counties who are required to comply with the environmental data reporting requirements imposed pursuant to the laws listed in Section 71061, may comply by submitting the data in the prescribed standardized electronic format. (b) The secretary shall meet the requirements of Section 71063 using resources contributed exclusively by business participants. The secretary may accept and use computer hardware, software, and support services furnished by the industry or business participants at their own cost in order for the agency to participate in the pilot program. No public funds shall be encumbered in order to conduct, or pay for, any part of the pilot program originally undertaken or provided by any business participant. The brands of products employed shall not be identified in public, nor shall their use be deemed an endorsement of any particular brand or proprietary approach to electronic data interchange. (Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
  71. 71064.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    The advisory committee must have no more than seven members, appointed by the secretary, and its meetings must be open to the public.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71064. (a) There is in the agency the Environmental Data Management Advisory Committee. The advisory committee shall consist of not more than seven members appointed by the secretary. The secretary shall select members who represent business, government, and environmental groups, and who have proven expertise and current knowledge in the field of electronic data exchange. (b) The advisory committee shall advise the secretary on the quickest, most effective, and least expensive alternative systems of electronic standards for formatting data. (c) The meetings of the advisory committee shall be open to the public and shall provide an opportunity for the public to be heard on matters considered by the advisory committee. (Amended by Stats. 2004, Ch. 193, Sec. 173. Effective January 1, 2005.)
  72. 71065.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    The secretary must ensure the electronic format and protocol meet listed compatibility and flexibility criteria, in consultation with the advisory committee, to the fullest extent practicable for public agencies and business entities.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71065. To the fullest extent practicable to public agencies and business entities, the secretary, in close consultation with the advisory committee, shall ensure that the standardized electronic format and protocol established pursuant to Section 71061 meets all of the following criteria: (a) The format and protocol conforms with, or is compatible with, data interchange formats and protocols already in use in the regulated community for moving data from computer to computer, so that the format and pilot program may be implemented promptly, without the need for research and development into untried formats and protocols. (b) The format and protocol works independently of the type of computer hardware, software, operating system, data storage device, and telecommunications equipment employed by prospective senders and receivers. (c) The format and protocol accommodates the addition of new or revised data element specifications without requiring users to make costly modifications to the hardware or software that they employ to submit electronic data. (Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
  73. 71066.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    The secretary may prescribe electronic signature methods for reports and may also prescribe a paper form for signing and certifying reports filed on certain tangible magnetic media.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71066. The secretary shall prescribe one or more techniques by which a report may be signed electronically by a person who would otherwise place a written signature on a paper version of the report. The prescribed electronic signature shall be binding on all persons and for all purposes under the law as if the signature had been made in ink on the equivalent paper document. The secretary may also prescribe a paper form for signature and certification of a report submitted in the prescribed file format on tangible magnetic media, including, but not limited to, floppy disks or magnetic tape. (Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
  74. 71067.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    Public agencies must keep doing current data audits and work with data submitters to fix data errors. The pilot program must also require each participant to keep an audit trail.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71067. Public agencies shall continue their current data auditing practices, and shall work with data submitters to correct all kinds of data error encountered. The pilot program shall require that each participant maintain an audit trail as part of the evaluation criteria so that inspectors and other evaluators may ensure that the data submitted comport with the data received along the electronic link. (Added by Stats. 1994, Ch. 1112, Sec. 4. Effective January 1, 1995.)
  75. 71068.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. )

    Verify source ↗

    The secretary must adopt an approved electronic reporting standard, and agencies that choose electronic data management must use it.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3. Data Management [71060 - 71068] ( Chapter 3 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## 71068. (a) Upon the completion of a demonstration of any standardized electronic format and protocol and alternative signature technique pursuant to this part, to the satisfaction of the advisory committee, the secretary shall adopt that electronic format and protocol standard for use as an optional alternative to submitting environmental data on paper to any state or local agency. (b) Any local agency requiring the submission of an element of environmental data not found in the data dictionary maintained by the secretary pursuant to Section 71062 may petition the secretary for inclusion of that data element. The secretary shall include an additional data item in the data dictionary only if the local agency demonstrates both of the following: (1) One of the following applies: (A) A specific requirement for that item in existing law or regulation. (B) A principle of mathematics or science that requires the collection of that data item to meet another specific purpose under the applicable law. (2) There is no other way to meet the local agency’s needs using combinations of data elements already incorporated into the data dictionary. (c) The electronic submission of environmental data to any state or local agency in accordance with the data standards adopted under this part constitutes compliance with the environmental data reporting or other usage requirements imposed pursuant to the laws specified in subdivisions (a) to (f), inclusive, of Section 71061, and has the same force and effect as if the data had been submitted in ink on paper. (d) Notwithstanding any other provision of law, no person or state or local agency shall be required to submit or receive environmental data electronically, but every state or local agency that elects to engage in electronic data management with regard to environmental data shall employ the electronic reporting standards adopted by the secretary under this part. (e) Nothing in this section limits any existing authority of a local agency to require the submission of environmental data. (Added by Stats. 1996, Ch. 962, Sec. 7. Effective January 1, 1997.)
  76. 71069.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. )

    Verify source ↗

    The Legislature states policy findings about conserving natural resources and improving report distribution by electronic means and web posting.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. ) ## 71069. The Legislature finds and declares the following: (a) It is the policy of the state to conserve and protect its natural resources. (b) Over 1,400 reports are submitted annually to the Legislature and the Governor, costing up to ten thousand dollars ($10,000) per report for printing and distribution. (c) The California Environmental Protection Agency has historically submitted over 60 reports annually to the Legislature and the Governor. The agency’s boards, departments, and offices submit over 300 additional reports and studies, not including the hundreds of guidance documents, fact sheets and other printed materials produced. (d) Submitting reports to the Legislature and Governor electronically, by compact disc, and posting the reports on state agency Web sites would greatly improve economic efficiency and environmental sustainability through minimized consumption of paper and printing materials, while reducing the economic and environmental costs associated with the production, distribution, and storage of printed reports. (e) Access to the World Wide Web is continually expanding for the private sector and the general public. Providing reports electronically on state agency Web sites would grant greater accessibility to these reports and allow for greater sharing of knowledge and data with Californians and other information seekers. In some instances, a printed copy of a report is necessary. In those instances, economic efficiency and environmental sustainability can still be realized through various resource conservation efforts. (f) Current law mandates state agencies to purchase recycled content products and materials, including printing and writing paper. There are also proven techniques and materials that are environmentally and economically preferable, and are widely available for use of all document production. (Added by Stats. 2004, Ch. 644, Sec. 31. Effective January 1, 2005.)
  77. 71069.5.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. )

    Verify source ↗

    In this chapter, “board” means the California Integrated Waste Management Board.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. ) ## 71069.5. For purposes of this chapter “board” means the California Integrated Waste Management Board. (Added by Stats. 2004, Ch. 644, Sec. 31. Effective January 1, 2005.)
  78. 71070.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. )

    Verify source ↗

    The board must develop sustainability guidelines for reporting materials and then distribute those guidelines to each state agency.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. ) ## 71070. (a) On or before January 1, 2005, the board, in consultation with the state agencies affected by the changes made by the act of the 2003–04 Regular Session of the Legislature adding this chapter, shall develop and implement guidelines, to provide and produce reports and other documentation, including guidance documents, fact sheets, and other publications and written materials, in the most efficient and environmentally sustainable manner possible. (b) The guidelines shall include all of the following: (1) Distribution of reports and other documentation by electronic means and compact discs. (2) Information on posting reports and other documentation on state agency Web sites. (3) Techniques for the production of reports and other documentation that will reduce waste and encourage the use of recycled goods, materials, and supplies. (4) The cost reduction options specified in Section 7550.1 of the Government Code. (5) Distribution of a reasonable number of printed reports to ensure public access. (c) On or before February 1, 2005, the board shall distribute the guidelines to each state agency. (Added by Stats. 2004, Ch. 644, Sec. 31. Effective January 1, 2005.)
  79. 71071.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. )

    Verify source ↗

    Certain California environmental and state agencies must provide and produce reports and other documentation under Section 71070 guidelines.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. ) ## 71071. (a) On and after February 1, 2005, the California Environmental Protection Agency and its boards, departments, and offices shall provide and produce reports and other documentation pursuant to the guidelines established in Section 71070. (b) On and after June 1, 2005, all state agencies not otherwise subject to subdivision (a) shall provide and produce reports and other documentation pursuant to the guidelines established in Section 71070. (Added by Stats. 2004, Ch. 644, Sec. 31. Effective January 1, 2005.)
  80. 71073.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. )

    Verify source ↗

    Each state agency must review the reports it must submit to the Legislature by April 30, 2005, and decide whether each report is completed, obsolete, or duplicative and can be eliminated or modified.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. ) ## 71073. On or before April 30, 2005, each state agency shall conduct a thorough review of each report that the state agency is required to submit to the Legislature. During this review, the state agency shall identify whether the report is a completed one-time report, an obsolete report, or a duplicative report that can be eliminated or modified. (Added by Stats. 2004, Ch. 644, Sec. 31. Effective January 1, 2005.)
  81. 71074.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. )

    Verify source ↗

    Reporting requirements under this chapter do not override reporting requirements in other laws.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 3.5. Report and Information Management [71069 - 71074] ( Heading of Chapter 3.5 renumbered from Chapter 4 (as added by Stats. 2004, Ch. 644) by Stats. 2005, Ch. 22, Sec. 166. ) ## 71074. Any reporting requirements imposed by this chapter do not supersede a reporting requirement in any other provision of law. (Added by Stats. 2004, Ch. 644, Sec. 31. Effective January 1, 2005.)
  82. 71080.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 4. Environmental Protection Indicators for California [71080 - 71082] ( Chapter 4 added by Stats. 2003, Ch. 664, Sec. 1. )

    Verify source ↗

    The section states legislative findings about using objective environmental indicators, and says the Legislature intends state environmental officials to use those indicators where applicable in budget proposals.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 4. Environmental Protection Indicators for California [71080 - 71082] ( Chapter 4 added by Stats. 2003, Ch. 664, Sec. 1. ) ## 71080. The Legislature finds and declares the following: (a) Traditionally, many of California’s environmental programs have assessed their performance using measures of activity, including, for example, the number of permits granted or regulatory standards adopted. Addressing the complex environmental challenges of the 21st century will require new approaches that rely on better information from objective and scientifically based environmental indicators. Over the years, substantial efforts have been devoted toward this end, yet historically there have been very few meaningful, objective measures with which to determine the environmental impacts of these efforts. (b) The California Environmental Protection Agency has made a commitment to move away from measures of activity, and instead focus on measurable environmental results to judge program performance. To support this commitment, the California Environmental Protection Agency established the Environmental Protection Indicators for California (EPIC) Project in 2000, and charged EPIC with developing and maintaining a comprehensive set of environmental indicators, which are scientific measurements of environmental conditions and trends. To ensure that the development of indicators was based on sound science, the California Environmental Protection Agency designated its Office of Environmental Health Hazard Assessment to lead the effort. The California Environmental Protection Agency, working in partnership with the Resources Agency and in cooperation with the Department of Health Services, released a report containing the initial set of 84 environmental indicators in April 2002. (c) Objective and scientifically based environmental indicators improve our understanding of the environment and how human activities and other factors can influence it. The indicators establish a scientific basis for evaluating the effectiveness of environmental programs and identifying the need for specific actions to improve environmental conditions throughout the state and the disproportionate impact on low-income communities and communities of color. Decisions to create, modify, or eliminate California Environmental Protection Agency policies and programs need to be driven by information reflected by environmental indicators; and, to the extent feasible, budget decisions should include a reference as to how the proposed change is intended to impact a relevant environmental indicator. (d) To ensure the credibility of objective and scientifically based environmental indicators, a qualified scientific body with expertise in environmental and public health protection should provide input into the selection and development of the indicators. (e) To ensure the relevance of the environmental indicators, input should be sought from a broad range of stakeholders. (f) It is the intent of the Legislature that the Secretary for Environmental Protection, the Secretary of the Resources Agency, and the Director of the Department of Health Services in conjunction with the boards, departments, and offices in their respective agencies, use environmental indicators, where applicable, in the development of the budget proposals for the 2005–06 fiscal year and each fiscal year thereafter. (Added by Stats. 2003, Ch. 664, Sec. 1. Effective January 1, 2004.)
  83. 71081.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 4. Environmental Protection Indicators for California [71080 - 71082] ( Chapter 4 added by Stats. 2003, Ch. 664, Sec. 1. )

    Verify source ↗

    The office must develop and maintain environmental indicators, and the secretary must report on them to the Governor and Legislature on a set schedule.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 4. Environmental Protection Indicators for California [71080 - 71082] ( Chapter 4 added by Stats. 2003, Ch. 664, Sec. 1. ) ## 71081. (a) Beginning on July 1, 2004, to the extent that funds are appropriated by the Legislature for this purpose, the office, on behalf of the office of the secretary, shall develop and maintain a system of environmental indicators. The office shall develop and maintain the system to meet all of the following objectives for using environmental indicators: (1) Provide policymakers and the public with an improved understanding of the condition of the state’s environment and the effects of the release of contaminants on public health and the environment. (2) Provide policymakers and the public with information to evaluate the effectiveness of the agency’s programs in improving environmental quality and protecting public health throughout the state, including environmental quality and public health in low-income communities and communities of color. (3) Assist in the development and modification of agency programs, plans, and policies as environmental conditions change over time. (4) Assist the agency in making budget decisions that address the most significant environmental concerns. (b) The following definitions apply to this section: (1) “Agency” means the California Environmental Protection Agency. (2) “Environmental indicator” means an objective and scientifically based measure that represents information on environmental conditions, releases of contaminants into the environment, or the effects of those releases. (3) “Office” means the Office of Environmental Health Hazard Assessment. (4) “Secretary” means the Secretary for Environmental Protection. (c) The secretary shall submit a report on the environmental indicators developed pursuant to this chapter to the Governor and the Legislature on or before January 1, 2006, and by January 1 every two years thereafter. The report shall include a discussion as to the manner in which the environmental indicators are being used by the agency to meet the objectives set forth in subdivision (a). The office shall make the report available to the public on its Internet Web site. The office shall include on its Internet Web site any additional relevant information in support of those environmental indicators and shall update that information posted on the Internet Web site as new information becomes available. (d) The office shall be the lead agency for developing new environmental indicators, for modifying, deleting, and updating existing environmental indicators, and for developing and maintaining an environmental indicator database. The office shall lead an intra-agency workgroup, consisting of representatives from each of the boards, departments, and offices within the agency. The office shall consult with the intra-agency workgroup in developing and maintaining the environmental indicators, program planning, policy formulation, and other decisionmaking processes, and in drafting the report required under subdivision (c). (e) In developing and maintaining the environmental indicators, the office shall consult with the Resources Agency, the State Department of Health Services, and other state agencies as appropriate. (f) The office may utilize information for indicators that is not collected by other boards and departments within the agency and may identify and establish new indicators. (g) In implementing this section, the office may hold public meetings to receive comments from a broad range of stakeholders, including, but not limited to, local government, the regulated community, nongovernmental organizations, and other groups with an interest in environmental issues. (h) The office shall consult with the scientific review panel established pursuant to Section 50.8 of the Labor Code for the purpose of establishing, updating, and evaluating environmental indicators. (i) The secretary shall periodically assess the ability of the environmental indicators system to meet each of the objectives cited in subdivision (a) and the ability of the system to support the development and implementation of the agencywide environmental justice strategy pursuant to Section 71113. (Amended by Stats. 2006, Ch. 538, Sec. 606. Effective January 1, 2007.)
  84. 71082.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 4. Environmental Protection Indicators for California [71080 - 71082] ( Chapter 4 added by Stats. 2003, Ch. 664, Sec. 1. )

    Verify source ↗

    Certain California agency boards, departments, or offices must explain how budget proposals and bond programs affect environmental indicators.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2. ENVIRONMENTAL DATA REPORTING [71050 - 71082] ( Part 2 added by Stats. 1994, Ch. 1112, Sec. 4. ) ## CHAPTER 4. Environmental Protection Indicators for California [71080 - 71082] ( Chapter 4 added by Stats. 2003, Ch. 664, Sec. 1. ) ## 71082. (a) As appropriate, a budget change proposal submitted to the Legislature by a board, department, or office within the California Environmental Protection Agency or the Resources Agency shall describe how the proposal would affect any applicable “Type I” environmental indicator. To the extent that a budget change proposal relates to a “Type II” or “Type III” environmental indicator, the budget change proposal shall reference what data collection and further analysis is needed before the environmental status or trend that is the subject of the indicator may be presented. (b) A board, department, or office within the California Environmental Protection Agency shall explain how its bond programs relate to or affect environmental indicators. (Added by Stats. 2003, Ch. 664, Sec. 1. Effective January 1, 2004.)
  85. 71090.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.1. California Communities Environmental Health Screening [71090- 71090.] ( Part 2.1 added by Stats. 2015, Ch. 584, Sec. 1. )

    Verify source ↗

    The office must report certain border-region environmental data to the Legislature by the earlier of the next tool update or January 1, 2017, and later include qualifying data in the next update.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.1. California Communities Environmental Health Screening [71090- 71090.] ( Part 2.1 added by Stats. 2015, Ch. 584, Sec. 1. ) ## 71090. (a) For purposes of this part, the following terms have the following meanings: (1) “Office” means the Office of Environmental Health Hazard Assessment. (2) “Tool” means the California Communities Environmental Health Screening, also known as CalEnviroScreen, that is used to identify disadvantaged communities pursuant to Section 39711 of the Health and Safety Code. (b) (1) In the next update of the tool or by January 1, 2017, whichever is sooner, the office shall report to the Legislature on air quality, water quality, and toxic release and hazardous waste site data necessary for updating the indicators in the tool for communities located in the California-Mexico border region, including both of the following: (A) Deficiencies in and barriers to accessing necessary data. (B) Current and future monitoring studies and plans for obtaining the data. (2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (c) For the purposes of subdivision (b), necessary data and information may include, but need not be limited to, the following: (1) Air quality measurements for ozone and particulate matter 2.5 microns and smaller in size in the border region. (2) Vehicle emissions at border crossings. (3) Complete traffic density data within 150 meters of the border. (4) Water quality data for waterways that cross the border. (5) Feasibility of incorporating into the tool information from Mexico contained in the Pollutant Release and Transfer Registry. (d) When such data of sufficient quality identified in subdivisions (b) and (c) are available for the communities in the California-Mexico border region, the office shall include that data in the next update of the tool. (Added by Stats. 2015, Ch. 584, Sec. 1. (AB 1059) Effective January 1, 2016.)
  86. 711.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The director may accept federal grants for the department if the Director of Finance approves.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 711. The director, with approval of the Director of Finance, may accept on behalf of the department federal grants for the purposes for which the department is established. Such grants shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government. (Added by Stats. 1976, Ch. 1300.)
  87. 71100.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. )

    Verify source ↗

    This section defines three terms used in Part 2.5: the California-Baja California border region, the Council, and the Fund.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. ) ## 71100. The following definitions govern the construction of this part: (a) “California-Baja California border region” means the region to the north and south of the international border between California and Baja California described in Article 4 of the La Paz Agreement, signed August 14, 1983, between the United States and Mexico. (b) “Council” means the California-Mexico Border Relations Council, established pursuant to Section 99522 of the Government Code. (c) “Fund” means the California Border Environmental and Public Health Protection Fund established pursuant to Section 71101. (Amended by Stats. 2015, Ch. 668, Sec. 4. (AB 965) Effective January 1, 2016. Provisions applicable as prescribed in Section 71104.)
  88. 71101.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. )

    Verify source ↗

    This section creates the California Border Environmental and Public Health Protection Fund in the State Treasury and directs how its money may be used.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. ) ## 71101. (a) The California Border Environmental and Public Health Protection Fund is hereby established in the State Treasury to receive funds appropriated in the annual Budget Act, including, but not limited to, proceeds of bonds sold pursuant to Division 26.7 (commencing with Section 79700) of the Water Code, and other sources, such as from the North American Development Bank, Border Environment Cooperation Committee, United States Environmental Protection Agency, and private businesses or foundations, and any interest accrued on those funds. (b) The money in the fund shall be available, upon appropriation, to the California-Mexico Border Relations Council pursuant to Chapter 2 (commencing with Section 99520) of Title 20 of the Government Code, for expenditure for the purposes of this part. (c) The money in the fund shall not be made available for the purpose of bringing a person or a facility into compliance with environmental laws, or to provide funds to remediate environmental damage. The fund, instead, shall assist appropriate responsible agencies in California and Baja California in the implementation of projects to identify and resolve environmental and public health problems that directly threaten the health or environmental quality of California residents or sensitive natural resources of the California border region, including projects related to domestic and industrial wastewater, vehicle and industrial air emissions, hazardous waste transport and disposal, human and ecological risk, and disposal of municipal solid waste. (Amended by Stats. 2015, Ch. 668, Sec. 5. (AB 965) Effective January 1, 2016. Provisions applicable as prescribed in Section 71104.)
  89. 71102.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. )

    Verify source ↗

    Money in the fund must be used for listed environmental and public health purposes.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. ) ## 71102. The money in the fund shall be used for the following purposes: (a) To assist local governments in implementation of projects to identify and resolve environmental and public health problems that directly threaten the health or environmental quality of California residents or sensitive natural resources of the California border region, including projects related to domestic and industrial wastewater, vehicle and industrial air emissions, hazardous waste transport and disposal, human and ecological risks, and disposal of municipal solid waste. (b) To provide technical assistance to those persons and entities described in subdivision (a) with regard to environmental protection, public health protection, or natural resource protection. (c) To provide limited funds for equipment and labor costs associated with emergency abatement of environmental and public health problems imposed on residents of California due to cross-border impacts of pollutants originating from Baja California. (d) To provide analytical and scientific equipment and services needed by border area public agencies to identify and monitor the sources of environmental and public health threats posed by cross-border transmission of environmental pollutants and toxics. (Added by Stats. 2000, Ch. 742, Sec. 1. Effective January 1, 2001. Provisions applicable as prescribed in Section 71104.)
  90. 71103.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. )

    Verify source ↗

    The Council must inform eligible border-region organizations they may request funding, award grants based on environmental and related concerns, and the Secretary for Environmental Protection must accept qualifying used-equipment donations for distribution.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. ) ## 71103. (a) The California-Mexico Border Relations Council, upon request, shall inform any community-based nonprofit environmental organization, responsible local government, and special district located within the California-Baja California border region that it may request funding pursuant to Section 71102. (b) The California-Mexico Border Relations Council, shall award grants to a local governmental entity or special district, community-based nonprofit environmental organization, or postsecondary educational institution based on the severity of the environmental, public health, or natural resource concerns due to cross-border transmission of environmental pollutants or toxics to the city or county in which the entity, organization, or institution is located. First priority for funding shall be given to an entity, organization, or institution located in a city or county in which an environmental, public health, or natural resource threat exists and that has existing capability to respond to, implement, and abate the threat to California from cross-border sources. (c) The Secretary for Environmental Protection, on behalf of the council, shall accept donations of used equipment, including computers, printers, and lab equipment, for distribution to governmental entities and community-based nonprofit environmental organizations located within the California-Baja California border region and postsecondary educational institutions located within Baja California and within the California-Baja California border region, if the donations can be shown to contribute to the protection of the environment, public health, or natural resources of the California border region. (Amended by Stats. 2015, Ch. 668, Sec. 6. (AB 965) Effective January 1, 2016. Provisions applicable as prescribed in Section 71104.)
  91. 71103.5.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. )

    Verify source ↗

    The council must develop a strategic plan for the New River Improvement Project, and it may work with other public, private, and nongovernmental organizations to support that work.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. ) ## 71103.5. (a) The Legislature finds and declares all of the following: (1) The New River poses an imminent and severe threat to the public health of residents of Calexico, California, and adjacent communities in Imperial County. Since the 1940s, the New River has been recognized as a significant pollution and human health problem, primarily because of extremely high concentrations of fecal coliform bacteria. (2) While there have been recent measurable water quality improvements as a result of sewage infrastructure projects implemented and completed during the last 10 years in Mexicali, Mexico, the residual and projected pollution in the New River coming from Mexico remains a significant threat to public health and the environment. (3) Current bacteria levels in the New River are several orders of magnitude above the state standards for bacteria. Based on these levels and the historic levels of pollution, the waterway is believed to carry pathogens that cause tuberculosis, encephalitis, polio, cholera, hepatitis, and typhoid. The waterway also carries other contaminants in concentrations that are in violation of federal, state, and Mexican water quality standards by several hundredfold. (4) The New River is listed as an impaired river by the United States Environmental Protection Agency due to low dissolved oxygen (DO) and the presence of chlordane, chlorpyrifos, copper, dichloro-diphenyl-trichloroethane (DDT), diazinon, dieldrin, mercury, nutrients, pathogens, polychlorinated biphenyls (PCBs), sediment, selenium, toxaphene, toxicity, trash, and volatile organic compounds (VOCs). (5) The New River is a major contributor of pollution to the Salton Sea, and failure to address water quality problems in the New River is impeding the ability of the state to implement laws and programs designed to restore and protect this important environmental and wildlife habitat resource. (6) The New River condition in the border area is also an aesthetic nuisance for Calexico residents and has historically inhibited the city’s socioeconomic well-being and growth. (7) A coordinated and comprehensive state strategy is needed to deal with the residual and projected pollution so that the New River and associated river channel can be enhanced to a condition that will allow the residents of Calexico and Imperial County to utilize them as recreational and natural assets as contemplated in the California River Parkways Act of 2004 (Chapter 3.8 (commencing with Section 5750) of Division 5). (8) In the Budget Act of 2009, as amended by Chapter 1 of the Statutes of 2009 Fourth Extraordinary Session, eight hundred thousand dollars ($800,000) was appropriated to the City of Calexico for various planning needs necessary to develop a river parkway plan and river improvement project for the New River. The moneys were appropriated in order to secure and serve as matching funds for the four million dollars ($4,000,000) allocated pursuant to the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109-59) to the City of Calexico for the development of bicycle paths and public park space adjacent to the New River. (9) The City of Calexico, as the recipient of funding pursuant to the California River Parkways Act of 2004, has agreed to provide necessary financial support to the council for the development of the council’s strategic plan. (b) As used in this section, the following terms have the following meanings: (1) “Agency” means the California Environmental Protection Agency. (2) “City” means the City of Calexico, California. (3) “Council” means the California-Mexico Border Relations Council established pursuant to Section 99522 of the Government Code. (4) “County” means the County of Imperial, California. (5) “IBWC” means the International Boundary and Water Commission, United States Section. (6) “New River Improvement Project” or “project” means a project to study, monitor, remediate, and enhance New River water quality in the County of Imperial to protect human health, and develop a river parkway suitable for public use and enjoyment. (c) Pursuant to the authority granted to the council pursuant to Section 99523 of the Government Code and contingent upon the execution of an agreement with the City of Calexico for the purpose of providing the necessary funding, the council shall develop a strategic plan to guide the implementation of the New River Improvement Project. The strategic plan shall include, but need not be limited to, all of the following elements: (1) Quantification of current and projected New River water quality impairments and their threat to public health. (2) Prioritization of the actions necessary to protect public health and to meet New River water quality objectives and other environmental goals, such as improving the quality of waterflows into the Salton Sea. (3) Identification of potential funds for the implementation of the project, and potential lead agencies that would be responsible for environmental review of activities related to the cleanup and restoration of the New River. (4) Identification of the appropriate federal, state, and local agencies with a role in implementing and achieving the New River Improvement Project. (d) (1) To the extent permitted by law, the council may work with appropriate binational, federal, state, local, and nongovernmental organizations on both sides of the California-Mexico border to develop the strategic plan and to fund and establish cooperative water quality monitoring, public health studies, inspection, and technical assistance programs as needed to support, convene, and oversee the project. (2) To further the objectives of this subdivision, the council may convene and oversee a technical advisory committee. The advisory committee shall advise the council regarding the necessary studies and activities to carry out the project, and shall serve at the pleasure of the council. The advisory committee shall include representatives from the following: (A) Impacted cities and counties. (B) Relevant local, regional, and state agencies and departments. (C) Nongovernmental organizations. (D) Other stakeholders deemed necessary by the council. (3) The council shall appoint the chair of the committee and may expand the membership and expertise of the committee as it deems necessary. (4) The council may enter into an agreement, including an interagency agreement and memorandum of understanding, with public agencies, including the city, to accept, manage, and expend funds for the implementation of this section. (e) This section does not modify existing roles, responsibilities, or liabilities of the State of California, the City of Calexico, Imperial County, or any other governmental agency, under those laws that regulate, protect, and clean up surface waters entering the United States from Mexico. (f) The New River Improvement Project Account is hereby created in the California Border Environmental and Public Health Protection Fund to receive moneys for activities related to the New River Improvement Project from sources identified in Section 71101 and other sources. Upon appropriation by the Legislature, moneys in the account shall be expended to implement the purposes identified in subdivision (c) or Section 71102 that are related to the New River. (Amended by Stats. 2016, Ch. 86, Sec. 261. (SB 1171) Effective January 1, 2017. Provisions applicable as prescribed in Section 71104.)
  92. 71103.6.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. )

    Verify source ↗

    The council must create a New River program to coordinate funding and implementation of specified plan recommendations and projects. State entities that fund the program must try to align their grant, loan, and other financial support requirements with the program’s goals.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. ) ## 71103.6. (a) The council shall establish the New River Water Quality, Public Health, and River Parkway Development Program to coordinate funding for, and the implementation of, the recommendations from the strategic plan developed pursuant to subdivision (c) of Section 71103.5, and the projects identified pursuant to Section 71102. (b) Any entity of state government that funds the activities of the program shall make all necessary efforts to integrate and align its contractual and administrative requirements for grants, loans, and other forms of financial support to meet the goals of the program. (Added by Stats. 2015, Ch. 668, Sec. 8. (AB 965) Effective January 1, 2016. Provisions applicable as prescribed in Section 71104.)
  93. 71104.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. )

    Verify source ↗

    This part operates only in fiscal years covered by appropriated or donated/contributed funds, and the Secretary for Environmental Protection must notify the Secretary of State when such donated or contributed funds become available.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.5. ENVIRONMENTAL AND PUBLIC HEALTH PROTECTION AT THE CALIFORNIA-MEXICO BORDER [71100 - 71104] ( Part 2.5 added by Stats. 2000, Ch. 742, Sec. 1. ) ## 71104. This part shall only be operative during those fiscal years for which funds are appropriated in the annual Budget Act to implement this part, or are made available from contributions or donations from the sources identified in Section 71101. The Secretary for Environmental Protection shall inform the Secretary of State when funds are made available from contributions or donations from the sources identified in Section 71101. (Added by Stats. 2000, Ch. 742, Sec. 1. Effective January 1, 2001. Note: This section provides for operation of Part 2.5, commencing with Section 71100, in fiscal years for which funds are provided.)
  94. 71107.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.6. Tijuana River Valley Watershed Action Plan [71107- 71107.] ( Part 2.6 added by Stats. 2020, Ch. 368, Sec. 1. )

    Verify source ↗

    If the Legislature appropriates funds, the California Environmental Protection Agency and the Natural Resources Agency must work together to create the Tijuana River Plan and review and update it every three years.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 2.6. Tijuana River Valley Watershed Action Plan [71107- 71107.] ( Part 2.6 added by Stats. 2020, Ch. 368, Sec. 1. ) ## 71107. (a) Upon an appropriation of funds from the Legislature for this purpose, the California Environmental Protection Agency and the Natural Resources Agency, including their subsidiary agencies, shall collaborate to create a Tijuana River Valley Watershed Action Plan, known as the Tijuana River Plan. The Tijuana River Plan shall be drawn from existing and ongoing watershed planning efforts in both the United States and Mexico. The Tijuana River Plan shall be reviewed and updated on a three-year cycle. The Tijuana River Plan shall include, to the extent practicable, all of the following: (1) Identification of key stakeholders and partnerships for data collection and information sharing. (2) Identification of issues of concern and potential projects that may be implemented in the Tijuana River Valley watershed in both the United States and Mexico. (3) Identification of short-term and long-term goals and targets for projects that may be implemented through the plan. (4) Methods and strategies to restore water quality or water supply in degraded areas and to protect overall watershed health. (5) Methods and strategies to protect the public health and limit beach closures. (6) Methods and strategies, including target dates or milestones, interagency or public/private partnerships, and binational collaboration, to ensure implementation of the plan in Mexico and the United States, to the extent feasible. (b) Upon completion of the Tijuana River Plan described in subdivision (a), the California Environmental Protection Agency and the Natural Resources Agency shall consult with the governments for the United States, the County of San Diego, the City of San Diego, the City of Imperial Beach, Mexico, the State of Baja California, the City of Tijuana, and the City of Tecate to develop a common watershed action plan to address issues in the Tijuana River and its entire watershed, on both sides of the border, including, but not limited to, issues relating to water quality, wildlife and fishery habitat, stormwater management, riverside development and management, wastewater discharge, and water supply. (c) This section shall not require the expenditure of state funding or the development of any specific project without an appropriation from the Legislature. (Added by Stats. 2020, Ch. 368, Sec. 1. (SB 1301) Effective January 1, 2021.)
  95. 71110.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. )

    Verify source ↗

    The California Environmental Protection Agency must carry out its mission in ways that ensure fair treatment, increase public participation, improve research and data collection, coordinate with the U.S. EPA, identify resource-consumption patterns, and consult the Environmental Justice Working Group.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. ) ## 71110. The California Environmental Protection Agency, in designing its mission for programs, policies, and standards, shall do all of the following: (a) Conduct its programs, policies, and activities that substantially affect human health or the environment in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations of the state. (b) Promote enforcement of all health and environmental statutes within its jurisdiction in a manner that ensures the fair treatment of people of all races, cultures, and income levels, including minority populations and low-income populations in the state. (c) Ensure greater public participation in the agency’s development, adoption, and implementation of environmental regulations and policies. (d) Improve research and data collection for programs within the agency relating to the health of, and environment of, people of all races, cultures, and income levels, including minority populations and low-income populations of the state. (e) Coordinate its efforts and share information with the United States Environmental Protection Agency. (f) Identify differential patterns of consumption of natural resources among people of different socioeconomic classifications for programs within the agency. (g) Consult with and review any information received from the Working Group on Environmental Justice established to assist the California Environmental Protection Agency in developing an agencywide strategy pursuant to Section 71113 that meets the requirements of this section. (Added by renumbering Section 72000 by Stats. 2001, Ch. 765, Sec. 3. Effective January 1, 2002.)
  96. 71111.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. )

    Verify source ↗

    The California Environmental Protection Agency must develop a model environmental justice mission statement for its boards, departments, and offices by January 1, 2001.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. ) ## 71111. On or before January 1, 2001, the California Environmental Protection Agency shall develop a model environmental justice mission statement for boards, departments, and offices within the agency. For purposes of this section, environmental justice has the same meaning as defined in subdivision (e) of Section 65040.12 of the Government Code. (Amended by Stats. 2002, Ch. 1109, Sec. 9. Effective January 1, 2003.)
  97. 71112.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. )

    Verify source ↗

    When developing the model environmental justice mission statement, the California Environmental Protection Agency must consult with, review, and evaluate information from the Working Group on Environmental Justice.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. ) ## 71112. In developing the model environmental justice mission statement pursuant to Section 71111, the California Environmental Protection Agency shall consult with, review, and evaluate any information received from the Working Group on Environmental Justice established pursuant to Section 71113. (Added by renumbering Section 72001.5 by Stats. 2001, Ch. 765, Sec. 5. Effective January 1, 2002.)
  98. 71113.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. )

    Verify source ↗

    The Secretary for Environmental Protection must convene an Environmental Justice working group by January 1, 2002, and the group must complete specified review, recommendation, meeting, and notice tasks by April 1, 2002.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. ) ## 71113. (a) On or before January 1, 2002, the Secretary for Environmental Protection shall convene a Working Group on Environmental Justice to assist the California Environmental Protection Agency in developing, on or before July 1, 2002, an agencywide strategy for identifying and addressing any gaps in existing programs, policies, or activities that may impede the achievement of environmental justice. (b) The working group shall be composed of the Secretary for Environmental Protection, the Chairs of the State Air Resources Board, the California Integrated Waste Management Board, and the State Water Resources Control Board, the Director of Toxic Substances Control, the Director of Pesticide Regulation, the Director of Environmental Health Hazard Assessment, and the Director of Planning and Research. (c) The working group shall do all of the following on or before April 1, 2002: (1) Examine existing data and studies on environmental justice, and consult with state, federal, and local agencies and affected communities. (2) Recommend criteria to the Secretary for Environmental Protection for identifying and addressing any gaps in existing programs, policies, or activities that may impede the achievement of environmental justice. (3) Recommend procedures and provide guidance to the California Environmental Protection Agency for the coordination and implementation of intraagency environmental justice strategies. (4) Recommend procedures for collecting, maintaining, analyzing, and coordinating information relating to an environmental justice strategy. (5) Recommend procedures to ensure that public documents, notices, and public hearings relating to human health or the environment are concise, understandable, and readily accessible to the public. The recommendation shall include guidance for determining when it is appropriate for the California Environmental Protection Agency to translate crucial public documents, notices, and hearings relating to human health or the environment for limited-English-speaking populations. (6) Hold public meetings to receive and respond to public comments regarding recommendations required pursuant to this section, prior to the finalization of the recommendations. The California Environmental Protection Agency shall provide public notice of the availability of draft recommendations at least one month prior to the public meetings. (7) Make recommendations on other matters needed to assist the agency in developing an intraagency environmental justice strategy. (Added by renumbering Section 72002 by Stats. 2001, Ch. 765, Sec. 6. Effective January 1, 2002.)
  99. 71114.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. )

    Verify source ↗

    The Secretary for Environmental Protection must convene and staff an advisory group by January 1, 2002, and the California Environmental Protection Agency must provide a reasonable per diem for nonprofit members attending meetings.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. ) ## 71114. (a) The Secretary for Environmental Protection shall, on or before January 1, 2002, convene an advisory group to assist the working group described in Section 71113 by providing recommendations and information to, and serving as a resource for, the working group. The Secretary for Environmental Protection shall appoint members to the advisory group according to the following categories: (1) Two representatives of local or regional land use planning agencies. (2) Two representatives from air pollution control districts or air quality management districts. (3) Two representatives from certified unified program agencies (CUPAs). (4) Two representatives from environmental organizations. (5) Four representatives from the business community, two from a small business and two from a large business, except that three of these representatives may be from an association that represents small or large businesses, and at least one of the small business representatives shall be from an association that represents small businesses. As used in this paragraph, “small business” has the meaning given that term by subdivision (c) of Section 1028.5 of the Code of Civil Procedure, and a large business is any business other than a small business. (6) Two representatives from community organizations. (7) One representative from a federally recognized Indian tribe. (8) Two representatives from environmental justice organizations. (b) The advisory group may form subcommittees to address specific types of environmental program areas. The California Environmental Protection Agency shall provide a reasonable per diem for attendance at advisory committee meetings by advisory committee members from nonprofit organizations. (Amended by Stats. 2002, Ch. 1003, Sec. 3. Effective January 1, 2003.)
  100. 71114.1.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. )

    Verify source ↗

    After the agency develops the strategy, each board, department, and office must review its programs, policies, and activities and address gaps that may block environmental justice by December 31, 2003.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. ) ## 71114.1. After the California Environmental Protection Agency develops the strategy pursuant to Section 71113 and before December 31, 2003, each board, department, and office within the agency shall, in coordination with the Secretary for Environmental Protection and the Director of the Office of Planning and Research, review its programs, policies, and activities and identify and address any gaps in its existing programs, policies, or activities that may impede the achievement of environmental justice. (Added by Stats. 2001, Ch. 765, Sec. 8. Effective January 1, 2002.)
  101. 71115.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. )

    Verify source ↗

    The Secretary for Environmental Protection must prepare and submit a report on implementation of this part to the Governor and the Legislature by January 1, 2004, and every three years after that.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. ) ## 71115. The Secretary for Environmental Protection shall, not later than January 1, 2004, and every three years thereafter, prepare and submit to the Governor and the Legislature a report on the implementation of this part. (Added by renumbering Section 72004 by Stats. 2001, Ch. 765, Sec. 9. Effective January 1, 2002.)
  102. 71116.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. )

    Verify source ↗

    This section creates the Environmental Justice Small Grant Program and requires the agency to adopt rules, review applications, and select recipients. Grants are limited to eligible nonprofit entities or federally recognized tribal governments, not individuals, and recipients must use funds only for the approved project and report how the money was spent.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. ) ## 71116. (a) The Environmental Justice Small Grant Program is hereby established under the jurisdiction of the California Environmental Protection Agency. The California Environmental Protection Agency shall adopt regulations for the implementation of this section. These regulations shall include, but need not be limited to, all of the following: (1) Specific criteria and procedures for the implementation of the program. (2) A requirement that each grant recipient submit a written report to the agency documenting its expenditures of the grant funds and the results of the funded project. (3) Provisions promoting the equitable distribution of grant funds in a variety of areas throughout the state, with the goal of making grants available to organizations that will attempt to address environmental justice issues. (b) The purpose of the program is to provide grants to eligible community groups, including, but not limited to, community-based, grassroots nonprofit organizations, that are located in areas adversely affected by environmental pollution and hazards and that are involved in work to address environmental justice issues. (c) (1) Both of the following are eligible to receive moneys from the fund: (A) A nonprofit entity. (B) A federally recognized tribal government. (2) For purposes of this section, “nonprofit entity” means any corporation, trust, association, cooperative, or other organization that meets all of the following criteria: (A) Is operated primarily for scientific, educational, service, charitable, or other similar purposes in the public interest. (B) Is not organized primarily for profit. (C) Uses its net proceeds to maintain, improve, or expand, or any combination thereof, its operations. (D) Is a tax-exempt organization under Section 501(c)(3) of the federal Internal Revenue Code, or is able to provide evidence to the agency that the state recognizes the organization as a nonprofit entity. (3) For purposes of this section, “nonprofit entity” specifically excludes an organization that is a tax-exempt organization under Section 501(c)(4) of the federal Internal Revenue Code. (d) Individuals may not receive grant moneys from the fund. (e) Grant recipients shall use the grant award to fund only the project described in the recipient’s application. Recipients shall not use the grant funding to shift moneys from existing or proposed projects to activities for which grant funding is prohibited under subdivision (g). (f) Grants shall be awarded on a competitive basis for projects that are based in communities with the most significant exposure to pollution. Grants shall be limited to any of the following purposes and no other: (1) Resolve environmental problems through distribution of information. (2) Identify improvements in communication and coordination among agencies and stakeholders in order to address the most significant exposure to pollution. (3) Expand the understanding of a community about the environmental issues that affect their community. (4) Develop guidance on the relative significance of various environmental risks. (5) Promote community involvement in the decisionmaking process that affects the environment of the community. (6) Present environmental data for the purposes of enhancing community understanding of environmental information systems and environmental information. (g) (1) The agency shall not award grants for, and grant funding shall not be used for, any of the following: (A) Other state grant programs. (B) Lobbying or advocacy activities relating to any federal, state, regional, or local legislative, quasi-legislative, adjudicatory, or quasi-judicial proceeding involving development or adoption of statutes, guidelines, rules, regulations, plans or any other governmental proposal, or involving decisions concerning siting, permitting, licensing, or any other governmental action. (C) Litigation, administrative challenges, enforcement action, or any type of adjudicatory proceeding. (D) Funding of a lawsuit against any governmental entity. (E) Funding of a lawsuit against a business or a project owned by a business. (F) Matching state or federal funding. (G) Performance of any technical assessment for purposes of opposing or contradicting a technical assessment prepared by a public agency. (2) An organization’s use of funds from a grant awarded under this section to educate a community regarding an environmental justice issue or a governmental process does not preclude that organization from subsequent lobbying or advocacy concerning that same issue or governmental process, as long as the lobbying or advocacy is not funded by a grant awarded under this section. (h) The agency shall review, evaluate, and select grant recipients, and screen grant applications to ensure that they meet the requirements of this section. (i) The maximum amount of a grant provided pursuant to this section may not exceed fifty thousand dollars ($50,000). (j) For purposes of this section, “environmental justice” has the same meaning as defined in Section 65040.12 of the Government Code. (k) (1) The Secretary for Environmental Protection may expend up to two million dollars ($2,000,000) per year for the purposes of this section. (2) (A) Of the amount described in paragraph (1), up to five hundred thousand dollars ($500,000) shall be expended by the Secretary for Environmental Protection for grants to organizations working to address and mitigate the effects of sea level rise in disadvantaged communities impacted by sea level rise. (B) For purposes of this section, “disadvantaged community” shall have the same meaning as defined in Section 71118. (l) Board, departments, and offices within the California Environmental Protection Agency may allocate funds from various special funds, settlements, and penalties to implement this program. (Amended by Stats. 2021, Ch. 236, Sec. 6. (SB 1) Effective January 1, 2022.)
  103. 71118.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. )

    Verify source ↗

    Certain California environmental agencies must create a policy on supplemental environmental projects benefiting disadvantaged communities, including public input, a 50% cap, an annual project list, and location-based consideration.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3. ENVIRONMENTAL JUSTICE [71110 - 71118] ( Heading of Part 3 repealed and added by Stats. 2001, Ch. 765, Sec. 1. ) ## 71118. (a) For purposes of this section, the following terms have the following meanings: (1) “Agency” means the California Environmental Protection Agency. (2) “Disadvantaged community” means a community identified pursuant to Section 39711 of the Health and Safety Code. (3) “Supplemental environmental project” means an environmentally beneficial project that a person subject to an enforcement action voluntarily agrees to undertake in settlement of the action and to offset a portion of a civil penalty. (b) Each board, department, and office within the agency that has enforcement authority shall establish a policy on supplemental environmental projects that benefits disadvantaged communities. The policy shall include, but need not be limited to, all of the following: (1) A public process to solicit potential supplemental environmental projects from disadvantaged communities. (2) Allowing the amount of a supplemental environmental project to be up to 50 percent of the enforcement action brought under the jurisdiction of a board, department, or office within the agency. (3) An annual list of supplemental environmental projects that may be selected to settle a portion of an enforcement action under the jurisdiction of a board, department, or office within the agency. (4) A consideration of the relationship between the location of the violation and the location of the proposed supplemental environmental project. (c) The Secretary for Environmental Protection shall consolidate the projects compiled pursuant to subdivision (b) into one list and post that list on the agency’s Internet Web site. (Added by Stats. 2015, Ch. 585, Sec. 2. (AB 1071) Effective January 1, 2016.)
  104. 71120.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. )

    Verify source ↗

    This section defines “Agency” and “Secretary” for Part 3.5, unless the context requires otherwise.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. ) ## 71120. Unless the context requires otherwise, the following definitions govern this part: (a) “Agency” means the California Environmental Protection Agency. (b) “Secretary” means the Secretary for Environmental Protection. (Added by Stats. 2004, Ch. 230, Sec. 17. Effective August 16, 2004.)
  105. 71121.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. )

    Verify source ↗

    The secretary must consolidate certain Treasury accounts and funds for agency programs, if doing so saves budget money and is allowed by existing law, and must ask the Governor to include that consolidation in the 2005–06 budget.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. ) ## 71121. (a) In the 2004–05 fiscal year, to the extent that it will achieve actual budget savings and to the extent authorized by existing law, the secretary shall consolidate the number of accounts and funds in the Treasury that are for the support of programs administered by the boards, departments, and offices within the agency. (b) The secretary shall request the Governor to reflect the consolidation of funds in the proposed Governor’s budget for fiscal year 2005–06. (c) Nothing in this section authorizes a change in purpose, revenue, management, allocation, or expenditure, related to a program supported by a special fund, or the manner or means of collecting revenue that is deposited in a special fund. (Added by Stats. 2004, Ch. 230, Sec. 17. Effective August 16, 2004.)
  106. 71122.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. )

    Verify source ↗

    The secretary must consolidate certain common non-policy functions within the agency during the 2004–05 fiscal year, but only to the extent that doing so will achieve actual budget savings.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. ) ## 71122. In the 2004–05 fiscal year, to the extent that it will achieve actual budget savings, the secretary shall consolidate the following non-policy functions that are common among the boards, departments, and offices within the agency: (a) Information technology. (b) Collecting fees. (c) Procuring basic office supplies and equipment. (d) The generic human resources functions that support state personnel, including health and safety programs, employee training, recruitment and exams for common civil service classifications, equal opportunity officers, transportation related services and programs, mail, reproduction, shipping, and receiving. (Added by Stats. 2004, Ch. 230, Sec. 17. Effective August 16, 2004.)
  107. 71123.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. )

    Verify source ↗

    This section says implementing Sections 71121 and 71122 must not disturb certain internal agency matters, and it preserves unrelated executive reorganization authority.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. ) ## 71123. (a) The implementation of Sections 71121 and 71122 shall not affect the independence of a board, department, or office within the agency to administer its own budget or to manage its own employees, except for the specific activities consolidated by the secretary pursuant to those sections. (b) The implementation of Sections 71121 and 71122 shall not affect the personnel of a board, department, or office within the agency, who are engaged in program work and related support functions such as contract administration and facilities management. (c) The implementation of Sections 71121 and 71122 shall not result in the transfer of fee revenue from a board, department, or office within the agency, to another board, department, or office within the agency. (d) Nothing in this part shall affect an executive reorganization pursuant to Article 7.5 (commencing with Section 12080) of Chapter 1 of Part 2 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2004, Ch. 230, Sec. 17. Effective August 16, 2004.)
  108. 71124.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. )

    Verify source ↗

    The secretary must report qualifying budget savings to the Legislature’s budget committees.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. ) ## 71124. The secretary shall report any budget savings achieved pursuant to Sections 71121 and 71122 to the Legislature’s budget committees, for appropriation to programs that directly reduce air pollution or water pollution, or protect public health and the environment, if that appropriation complies with existing constraints on the use of the moneys saved. (Added by Stats. 2004, Ch. 230, Sec. 17. Effective August 16, 2004.)
  109. 71125.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. )

    Verify source ↗

    The secretary may use reimbursements from boards, departments, or offices within the agency for consolidated services the agency provides to them.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. ) ## 71125. The secretary may use a reimbursement from a board, department, or office within the agency for a consolidated service that the agency provides to those entities. (Added by Stats. 2004, Ch. 230, Sec. 17. Effective August 16, 2004.)
  110. 71126.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. )

    Verify source ↗

    If the secretary asks, the Department of Finance must help the secretary comply with this part.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.5. CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY CONSOLIDATION [71120 - 71126] ( Part 3.5 added by Stats. 2004, Ch. 230, Sec. 17. ) ## 71126. Upon the request of the secretary, the Department of Finance shall assist the secretary in complying with this part. (Added by Stats. 2004, Ch. 230, Sec. 17. Effective August 16, 2004.)
  111. 71130.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.6. Regional Climate Collaborative Program [71130 - 71132] ( Part 3.6 added by Stats. 2018, Ch. 377, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the Regional Climate Collaborative Program.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.6. Regional Climate Collaborative Program [71130 - 71132] ( Part 3.6 added by Stats. 2018, Ch. 377, Sec. 2. ) ## 71130. For purposes of this part, the following terms have the following meanings: (a) “Capacity building” is the process of strengthening local coordination, leadership, knowledge, skills, expertise, and access to resources in under-resourced communities with the goal of helping to develop or increase the ability of that community to independently compete for grants and implement projects in the future. Capacity building activities include, but are not limited to, identifying and planning for needed climate change mitigation and adaptation projects in a given region and identifying the tools and resources needed to successfully access, apply for, and receive grant funding. (b) “Collaborative” means a coordinated body of regional stakeholder groups that are located in, serve, and represent the needs of the under-resourced communities within that region and that provide capacity building to those under-resourced communities within its region to access statewide public and other grant moneys for climate change mitigation and adaptation projects that maximize the benefits for the region. (c) “Council” means the Strategic Growth Council. (d) “Nonprofit organization” means a nonprofit corporation qualified to do business in the state and qualified under Section 501(c)(3) of the Internal Revenue Code. (e) “Stakeholder” includes, but is not limited to, community-based organizations, nonprofits, businesses, faith-based organizations, interested individuals, elected officials, and local government agencies. (f) “Technical assistance” means the process of providing the necessary education and resources for climate change mitigation and adaptation projects for any of the following: (1) Project development. (2) Grant development and writing for state and federal grant programs. (3) The successful and appropriate expenditure of grant moneys for the successful completion of climate change mitigation and adaptation projects. (4) Post-application and project implementation assistance. (g) “Under-resourced community” means a community identified pursuant to Section 39711 of the Health and Safety Code, subdivision (d) of Section 39713 of the Health and Safety Code, or subdivision (g) of Section 75005. (Added by Stats. 2018, Ch. 377, Sec. 2. (SB 1072) Effective January 1, 2019.)
  112. 71131.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.6. Regional Climate Collaborative Program [71130 - 71132] ( Part 3.6 added by Stats. 2018, Ch. 377, Sec. 2. )

    Verify source ↗

    The council must run a regional climate collaborative program, set selection guidelines, hold a public hearing, allow time for public input, and oversee grants and reporting.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.6. Regional Climate Collaborative Program [71130 - 71132] ( Part 3.6 added by Stats. 2018, Ch. 377, Sec. 2. ) ## 71131. (a) A regional climate collaborative program is hereby established to be administered by the council to assist under-resourced communities within a region to access statewide public and other grant moneys. (b) The council shall do all of the following in identifying eligible under-resourced communities and in selecting collaboratives: (1) Adopt program guidelines that establish criteria for the selection of communities eligible for assistance in developing a collaborative. The program guidelines shall prioritize statewide geographic diversity and shall consider the region’s proportion of under-resourced communities and the region’s previous success in receiving competitive state climate change mitigation and adaptation moneys. (2) Post the guidelines outlining the criteria on the council’s Internet Web site and solicit public comment. (3) Hold at least one public hearing before selecting a community. (4) Allow at least three months between the solicitation announcement and the selection of a collaborative by the council. (5) Perform at least three outreach activities between the solicitation announcement and the selection of a collaborative by the council to provide information and assistance to a potential collaborative. The outreach activities shall be made available using advanced forms of technology to the extent possible. (6) Establish collaboratives a minimum of two times over the course of the program established pursuant to this section. (c) After selecting communities for collaboratives, the council shall award annual grants as moneys are appropriated by the Legislature to the council for the purposes of this part. (d) Eligible applicants for a collaborative include, but need not be limited to, any of the following: (1) Community-based organizations. (2) Nonprofits and foundations. (3) Small businesses. (4) Local government agencies. (5) Joint powers authorities. (6) Tribal governments. (7) Other organizations with a history of providing community-based outreach and technical assistance. (e) Eligible applicants shall form a regional collaborative stakeholder structure and shall collectively submit one application based on a shared vision. With the application, the applicants shall collectively submit a memorandum of understanding that describes the governance and organization of the collaborative stakeholder structure. (f) In selecting a collaborative, the council shall give priority to proposals that demonstrate strong and diverse partnerships, including with community-based organizations and other stakeholder groups. (g) After being selected by the council, a collaborative shall provide capacity building services to assist in building the community-driven leadership, knowledge, skills, experience, and resources to identify and access public funding for climate change mitigation and adaptation projects within the under-resourced community. Where feasible, a collaborative shall leverage, complement, and build on existing regional efforts and resources for capacity building and technical assistance. Except if the council, in consultation with a collaborative, determines that an activity is unnecessary, a collaborative shall conduct at least all of the following activities for the region it serves: (1) Conduct outreach and build awareness of competitive grant programs. (2) Convene stakeholders to discuss community needs regarding potential climate change mitigation and adaptation projects eligible for statewide competitive grant programs with specific allocations for under-resourced communities. (3) Develop community and project plans, including climate action plans, demonstrating local needs and identifying multiple-benefit projects for implementation. (4) Support the development of partnerships between stakeholders and potential public and private funding sources. (5) Provide policy, program, and technical advice to stakeholders to develop and align multibenefit projects with potential funding sources. (6) Serve as an intermediary between community stakeholders and technical assistance programs within relevant agencies and coordinate scientific and technical support from outside experts. (7) Coordinate and implement assistance and training to stakeholders in grant application development, project management, implementation, and monitoring. (8) Assist in the development of local job training and anti-displacement programs and policies. (h) Each collaborative shall select a managing stakeholder that can demonstrate the organizational capacity to complete projects and the financial capacity to receive and be accountable for moneys provided pursuant to this part. A managing stakeholder may include, but need not be limited to, a local government agency, community-based organization, foundation, small business, joint powers authority, tribal government, or other organization with a history of providing community-based outreach and technical assistance. (i) The council shall provide advance payments of grant awards, over a period of not more than three years, to recipients to initiate and implement the collaboratives in a timely manner. In consultation with the Department of Finance, the council shall adopt guidelines imposing additional requirements relating to the provision of advance payments and the use of the advance payments by the grant recipient to ensure that the moneys are used properly. (j) (1) Collaboratives shall submit to the council an annual report that includes, but need not be limited to, all of the following: (A) The members of the collaborative. (B) Populations served. (C) An outline of all the activities conducted, including, but not limited to, all of the following: (i) Technical assistance. (ii) Capacity building. (iii) Project and grant development, application, and completion. (D) Meetings and actions taken by the collaborative. (E) An accounting of the administration of and expenditures made by the collaborative. (F) The outcome of each activity, including, but not limited to, all of the following: (i) The efficacy of capacity building within the region. (ii) Technical assistance provided. (iii) Success of grants applied for. (iv) Projects commenced and completed. (2) (A) The council shall post the annual reports on its Internet Web site and provide the reports to the relevant policy and fiscal committees of the Legislature. (B) A report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (k) (1) By October 1, 2019, the council shall adopt guidelines implementing this section. (2) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to this section. (l) This section shall become inoperative on October 1, 2029, and, as of January 1, 2030, is repealed. (Added by Stats. 2018, Ch. 377, Sec. 2. (SB 1072) Effective January 1, 2019. Section inoperative October 1, 2029. Repealed as of January 1, 2030, by its own provisions.)
  113. 71132.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.6. Regional Climate Collaborative Program [71130 - 71132] ( Part 3.6 added by Stats. 2018, Ch. 377, Sec. 2. )

    Verify source ↗

    The council must develop technical assistance guidelines by July 1, 2020.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.6. Regional Climate Collaborative Program [71130 - 71132] ( Part 3.6 added by Stats. 2018, Ch. 377, Sec. 2. ) ## 71132. (a) By July 1, 2020, the council shall develop technical assistance guidelines that a state agency may use in delivering its technical assistance resources or in developing additional internal technical assistance policies, standards, or guidelines specific to the agency’s programs. The technical assistance guidelines may support established technical assistance programs and build upon best practices. The council’s technical assistance guidelines shall include, but need not be limited to, all of the following: (1) Procedures and standards for state agencies providing direct technical assistance to under-resourced communities. (2) Measures to provide efficient technical assistance across multiple programs, where applicable. (b) The council shall consult with relevant state entities during the development of the technical assistance guidelines required pursuant to subdivision (a). (c) The technical assistance guidelines required pursuant to subdivision (a) shall identify grants that would benefit from technical assistance policies, standards, or guidelines. (d) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) shall not apply to this section. (Added by Stats. 2018, Ch. 377, Sec. 2. (SB 1072) Effective January 1, 2019.)
  114. 71150.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. )

    Verify source ↗

    This section defines key terms used in Part 3.7.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. ) ## 71150. For purposes of this part, the following terms have the following meanings: (a) “Agency” means the Natural Resources Agency. (b) “Council” means the Strategic Growth Council. (c) “Office” means the Office of Planning and Research. (d) “Plan” means the Safeguarding California Plan. (e) “Vulnerable communities” has the same meaning as provided in subdivision (d) of Section 71340. (Amended by Stats. 2022, Ch. 338, Sec. 3. (AB 1384) Effective January 1, 2023.)
  115. 71152.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. )

    Verify source ↗

    The section says California’s climate adaptation strategy should focus on vulnerable communities and require state departments and agencies to identify climate impacts, prepare collaboratively, and be resourced to respond.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. ) ## 71152. (a) It is the intent of the Legislature to prioritize the most vulnerable communities, ecosystems, and economic sectors in the state’s climate adaptation and resilience strategy set forth in the Safeguarding California Plan by ensuring that all state departments and agencies accurately identify, collaboratively prepare for, and are sufficiently resourced to adequately respond to the impacts of climate change, such as extreme weather events, the urban heat island effect, habitat loss, wildfire, sea level rise, and drought. (b) It also is the intent of the Legislature that the agency consider developing policies to address the impacts of climate change and climate adaptation with a focus on equity and that actions taken to address climate adaptation should be consistent with the plan. In developing these policies and taking these actions, all of the following shall occur: (1) The creation of planning processes that are transparent, fair, and inclusive in the development phases. (2) The prioritization of resources and investments for vulnerable communities and populations. (3) The adoption of strategies that seek to address and, at a minimum, avoid worsening social and racial inequities. (Amended by Stats. 2022, Ch. 338, Sec. 4. (AB 1384) Effective January 1, 2023.)
  116. 71153.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. )

    Verify source ↗

    The agency must regularly update California’s climate adaptation plan, release draft plans, hold at least three public hearings, engage local and regional entities, and report annually to the Legislature.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. ) ## 71153. (a) By July 1, 2024, and every three years thereafter, the agency shall update the state’s climate adaptation strategy, known as the plan. As part of the update, the agency shall coordinate with the office and other state agencies to identify a lead agency or group of agencies to lead adaptation efforts in each sector. The updates to the plan shall include all of the following: (1) Vulnerabilities to climate change by sector, as identified by the lead agency or group of agencies, and regions, including, at a minimum, the following sectors: (A) Water. (B) Energy. (C) Transportation. (D) Public health. (E) Agriculture. (F) Emergency services. (G) Forestry. (H) Biodiversity and habitat. (I) Ocean and coastal resources. (J) Financial resources. (2) Vulnerabilities to climate change for vulnerable communities, as identified by the office, through the Integrated Climate Adaptation and Resilience Program. (3) An operational definition of “climate resilience” for each sector and for vulnerable communities, as identified by the lead agency or group of agencies, so that total costs, funding plans, and other strategies to adequately prepare for disruptions, recover from shocks and stresses, and adapt and grow from various disruptions, especially in the most vulnerable communities, are analyzed and reported. (4) Priority actions needed to reduce risks and achieve climate resilience in those sectors and vulnerable communities, as identified by the lead agency or group of agencies, with an emphasis on maximizing risk mitigation for the greatest number of people living in vulnerable communities. (5) Special protections of vulnerable communities and industries that are disproportionately impacted by climate change. (6) Opportunities to improve policy and budget coordination across jurisdictions, including federal and local jurisdictions. (7) Timetables for near-term, medium-term, and long-term timescales, and specific metrics to measure and evaluate the state’s progress in implementing the plan, as identified by the agency or the office. Metrics to evaluate progress toward meeting the goals may be modeled for the years 2030, 2050, 2080, 2100, and beyond. (b) (1) By January 1, 2024, and every three years thereafter, the agency shall release a draft plan. Between the release of the draft plan and the publication of the final update of the plan, the agency shall hold at least three public hearings for the purpose of providing an opportunity for the public to review and provide written and oral comments on the draft plan. The public hearings shall be held in northern California, the central valley of California, and southern California. (2) In preparing the draft plan, the agency shall engage with local and regional entities, including local agencies and communities, to enhance policy and funding coordination and promote regional solutions and implementation. (c) In identifying the vulnerabilities pursuant to paragraphs (1) and (2) of subdivision (a), each lead agency or group of agencies shall, at a minimum, be informed by the most recent California Climate Change Assessment, the climate science research programs administered by the council and the State Energy Resources Conservation and Development Commission, the Climate Change and Health Vulnerability Indicators for California as produced by the Climate Change and Health Equity Section of the State Department of Public Health, and other peer-reviewed climate science research relevant to California. (d) The agency shall annually report to the Legislature, consistent with Section 9795 of the Government Code, on actions taken by each applicable agency to implement the plan. (Amended by Stats. 2022, Ch. 338, Sec. 5. (AB 1384) Effective January 1, 2023.)
  117. 71154.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. )

    Verify source ↗

    State agencies must work to maximize the listed climate change adaptation objectives, where feasible and applicable.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. ) ## 71154. To address the vulnerabilities identified in the plan, state agencies shall work to maximize, where applicable and feasible, all of the following objectives: (a) Educating the public about the consequences of climate change, such as sea level rise, extreme weather events, the urban heat island effect, habitat loss, wildfire, drought, threats to infrastructure and agriculture, worsening air and water quality, and public health impacts. (b) Ensuring there is a continued repository for scientific data on climate change and climate adaptation in the state in order to facilitate educated state and local policy decisions and to help identify primary risks from climate change to residents, property, communities, and natural systems across the state. (c) (1) Promoting the use of the plan to inform planning decisions and ensure that state investments consider climate change impacts, as well as promote the use of natural systems and natural infrastructure, when developing physical infrastructure to address adaptation. (2) When developing infrastructure to address adaptation, where feasible, a project alternative should be developed that uses existing natural features and ecosystem processes or the restoration of natural features and ecosystem processes to meet the project’s goals. (3) For purposes of this subdivision, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, aquifers, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife. (d) Encouraging regional collaborative planning efforts to address regional climate change impacts and adaptation strategies. (e) Promoting drought resiliency through an integrated water supply, delivery, and capture system that is coordinated and that can be resilient to a multiyear drought scenario while protecting water quality and public health. Establishing both drought preparation programs, which will help create sustainable water systems in the future, and immediate drought response programs, which will reduce water demand or increase supply within one to five years of any declared drought. (f) Building resilient communities by developing urban greening projects that reduce air pollution and heat reflection in urban areas and create livable, sustainable communities in urban cores to promote infill development and reduce greenhouse gas emissions. (g) Protecting and enhancing habitat, species strongholds, and wildlife corridors that are critical to the preservation of species that are at risk from the consequences of climate change. (h) Promoting actions to ensure healthy soils and sustainable agriculture; inform reliable transportation planning; improve emergency management response across sectors; ensure sufficient, reliable, and safe energy; improve capacity to reduce and respond to public health threats; address the impacts of climate change on disadvantaged communities; and protect cultural resources from the impacts of climate change. (i) Prioritizing equity by ensuring public expenditures that address climate change adaptation prioritize protecting vulnerable communities, rectifying intersectional and systemic inequities, and enhancing low-income and vulnerable communities’ abilities to weather the impacts of climate change. (Amended by Stats. 2023, Ch. 51, Sec. 23. (SB 122) Effective July 10, 2023.)
  118. 71155.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. )

    Verify source ↗

    State agencies must consider climate change impacts when planning and managing state infrastructure. A working group is established to examine how to use scientific data in infrastructure engineering and to coordinate with other planning and sustainability efforts.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. ) ## 71155. (a) Consistent with this part, state agencies shall take into account the current and future impacts of climate change, including the economic damages and financial liabilities associated with those impacts, when planning, designing, building, operating, maintaining, and investing in state infrastructure. (b) (1) The Climate-Safe Infrastructure Working Group is established under the agency for the purpose of examining how to integrate scientific data concerning projected climate change impacts into state infrastructure engineering, including oversight, investment, design, and construction. (2) The working group shall consist of the following: (A) Professional engineers registered in accordance with Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code with relevant expertise in state infrastructure design from the Department of Transportation, the Department of Water Resources, the Department of General Services, and other relevant state agencies, as applicable. (B) Scientists from the University of California, the California State University, and other institutions who have expertise in climate change projections and impacts across California. (C) Licensed architects with relevant experience in state infrastructure design, as applicable. (3) The two groups specified in subparagraphs (A) and (B) of paragraph (2) shall be equitably represented in the membership of the working group, to the extent reasonable and appropriate. (4) The working group shall work in coordination with other state climate adaptation planning efforts and shall consider and build upon existing information produced by the state, including information from the most recent California Climate Change Assessment conducted pursuant to Executive Order S-3-05, the plan, the five-year infrastructure plan developed pursuant to Article 2 (commencing with Section 13100) of Chapter 2 of Part 3 of Division 3 of Title 2 of the Government Code, and the State of California Sea-Level Rise Guidance Document completed pursuant to Executive Order S-13-08, among other resources. (5) The working group shall work in coordination with other state agencies that advance sustainability in infrastructure, including the council and the Government Operations Agency. (c) The working group shall consider and investigate, at a minimum, the following issues: (1) The current informational and institutional barriers to integrating projected climate change impacts into state infrastructure design. (2) The critical information that engineers responsible for infrastructure design and construction need to address climate change impacts. (3) How to select an appropriate engineering design for a range of future climate scenarios as related to infrastructure planning and investment. (d) The working group shall only convene and perform its functions to the extent resources are available to fund the support of the working group and its activities. (Amended by Stats. 2020, Ch. 118, Sec. 1. (AB 2800) Effective January 1, 2021.)
  119. 71155.5.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. )

    Verify source ↗

    The Treasurer and the financing authorities the Treasurer chairs may assist state agencies with capital investment, loans, and other incentives to meet the goals of this part.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. ) ## 71155.5. The Treasurer, and the financing authorities that the Treasurer chairs, may assist state agencies by leveraging public and private capital investment to help with loans and other incentives to attain the goals established pursuant to this part. (Added by Stats. 2022, Ch. 338, Sec. 7. (AB 1384) Effective January 1, 2023.)
  120. 71160.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. )

    Verify source ↗

    The agency must report to the Legislature by July 1, 2023 and may use its jurisdiction to explore or implement options for a more coordinated and efficient permitting review process for certain coastal adaptation projects using natural infrastructure.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.7. Climate Change and Climate Adaptation [71150 - 71160] ( Part 3.7 added by Stats. 2015, Ch. 603, Sec. 2. ) ## 71160. (a) The agency shall explore and may implement options within the agency’s jurisdiction to establish a more coordinated and efficient regulatory review and permitting process for coastal adaptation projects that use natural infrastructure. (b) (1) By July 1, 2023, the agency shall report to the Legislature on suggestions and recommendations for improving and expediting the coordination between appropriate agencies in their regulatory review and permitting process for coastal adaptation projects that use natural infrastructure. (2) The requirement for submitting a report imposed under this subdivision is inoperative on July 1, 2027, pursuant to Section 10231.5 of the Government Code. (3) The report to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (c) (1) For purposes of this section, “coastal adaptation projects that use natural infrastructure” means development, as defined in Section 30106, that relies on natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife. (2) Coastal adaptation projects that use natural infrastructure may also include, but are not limited to, both of the following: (A) Soft strategies that avoid fixing the shoreline with hard structures and instead rely on the use of dynamic systems to attenuate coastal hazards, such as dune or wetland restoration. (B) Hybrid armoring that combines fixing the shoreline to some limited extent, such as with a buried revetment or other shoreline protective device, with a nature-based feature to provide ecological benefits. (Added by Stats. 2021, Ch. 369, Sec. 2. (AB 72) Effective January 1, 2022.)
  121. 712.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    Certain forestry agencies may not adopt or publish building standards after January 1, 1980, except where the State Building Standards Law applies or the statute expressly excepts specified Health and Safety Code sections.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 712. Notwithstanding any other provision of this code or of law, and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, on and after January 1, 1980, the Director of Forestry and Fire Protection, the Department of Forestry and Fire Protection, or the State Board of Forestry and Fire Protection shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from the provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner. (Amended by Stats. 1998, Ch. 972, Sec. 12. Effective January 1, 1999.)
  122. 71200.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 1. General Provisions [71200 - 71202] ( Chapter 1 added by Stats. 1999, Ch. 849, Sec. 1. )

    Verify source ↗

    This section defines terms used in the Marine Invasive Species Act, including vessel-related terms, water classifications, species terms, and named agencies.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 1. General Provisions [71200 - 71202] ( Chapter 1 added by Stats. 1999, Ch. 849, Sec. 1. ) ## 71200. Unless the context otherwise requires, the following definitions govern the construction of this division: (a) “Ballast tank” means a tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose. (b) “Ballast water” means water and suspended matter taken on board a vessel to control or maintain trim, draft, stability, or stresses of the vessel, without regard to the manner in which it is carried. (c) “Biofouling” means the attachment or association of marine organisms to the wetted portion of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains. (d) “Board” means the State Water Resources Control Board. (e) “Coastal waters” means estuarine and ocean waters within 200 nautical miles of land or less than 2,000 meters (6,560 feet, 1,093 fathoms) deep, and rivers, lakes, or other water bodies navigably connected to the ocean. (f) “Commission” means the State Lands Commission. (g) “EEZ” means exclusive economic zone, which extends from the baseline of the territorial sea of the United States seaward 200 nautical miles. (h) “Exchange” means to replace the water in a ballast tank using either of the following methods: (1) “Flow through exchange,” which means to flush out ballast water by pumping three full volumes of mid-ocean water through the tank, continuously displacing water from the tank, to minimize the number of original coastal organisms remaining in the tank. (2) “Empty/refill exchange,” which means to pump out, until the tank is empty or as close to 100 percent empty as is safe to do so, the ballast water taken on in ports, or estuarine or territorial waters, then to refill the tank with mid-ocean waters. (i) “Land” means the material of the earth, whether soil, rock, or other substances, that sits landward of, or at an elevation higher than, the mean high-tide line of the ocean, including any rock outcroppings or islands located offshore. (j) “Mid-ocean waters” means waters that are more than 200 nautical miles from land and at least 2,000 meters (6,560 feet, 1,093 fathoms) deep. (k) “Nonindigenous species” means any species, including, but not limited to, the seeds, eggs, spores, or other biological material capable of reproducing that species, or any other viable biological material that enters an ecosystem beyond its historic range, including any of those organisms transferred from one country into another. (l) “Pacific Coast Region” means all coastal waters on the Pacific Coast of North America east of 154 degrees W longitude and north of 20 degrees N latitude, inclusive, of the Gulf of California. (m) “Person” means an individual, trust, firm, joint stock company, business concern, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, or association. “Person” also means a city, county, city and county, district, commission, the state, or a department, agency, or political subdivision of the state, an interstate body, or the United States and its agencies and instrumentalities, to the extent permitted by law. (n) “Port” means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo. (o) “Sediments” means matter settled out of ballast water within a vessel. (p) “Vessel agent” means the party representing the vessel’s owner or operator in port. A vessel agent may also be referred to as agent, marine agent, ship agent, or shipping agent. (q) “Waters of the state” means surface waters, including saline waters, that are within the boundaries of the state. (r) “Wetted portion of a vessel” means all parts of a vessel’s hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible legal draft or associated with internal piping structures in contact with water taken onboard. (s) “Vessel” means a vessel of 300 gross registered tons or more. (t) “Voyage” means any transit by a vessel destined for a California port from a port outside of the coastal waters of the state. (Amended by Stats. 2021, Ch. 432, Sec. 7. (SB 824) Effective January 1, 2022. Note: Sections 71500 et al. are located in Division 37, which follows Section 71271.)
  123. 71201.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 1. General Provisions [71200 - 71202] ( Chapter 1 added by Stats. 1999, Ch. 849, Sec. 1. )

    Verify source ↗

    This section says the division applies to certain vessels, ballast water, sediments, and biofouling, with an exception for vessels in Section 71202.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 1. General Provisions [71200 - 71202] ( Chapter 1 added by Stats. 1999, Ch. 849, Sec. 1. ) ## 71201. (a) This division applies to all vessels, United States and foreign, carrying, or capable of carrying, ballast water into the coastal waters of the state after operating outside of the coastal waters of the state, except those vessels described in Section 71202. (b) This division applies to all ballast water and associated sediments taken on a vessel, and to all biofouling. (c) This division may be known, and may be cited, as the “Marine Invasive Species Act.” (d) The Legislature finds and declares all of the following: (1) The purpose of this division is to move the state expeditiously toward elimination of the discharge of nonindigenous species into the waters of the state or into waters that may impact the waters of the state, based on the best available technology economically achievable. This division shall be implemented in accordance with this intent, except as expressly provided by this division. (2) The federal Vessel Incidental Discharge Act, which was enacted on December 4, 2018, preserves the rights of states to petition the federal government to review any standard of performance, regulation, or policy if new information exists that could result in a change to that standard, regulation, or policy. (3) Nothing restricts the authority of California to respond to an aquatic invasive species emergency in its waters using California’s police powers. (4) The Legislature strongly and unequivocally objects to any loss of state authority to regulate vessel discharges in California waters. (Amended by Stats. 2019, Ch. 443, Sec. 2. (AB 912) Effective January 1, 2020.)
  124. 71201.5.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 1. General Provisions [71200 - 71202] ( Chapter 1 added by Stats. 1999, Ch. 849, Sec. 1. )

    Verify source ↗

    This section bars discharging oil, noxious liquids, or other pollutants in a way that is prohibited by applicable law, and requires ballast water in tanks with such residues to be discharged according to applicable requirements.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 1. General Provisions [71200 - 71202] ( Chapter 1 added by Stats. 1999, Ch. 849, Sec. 1. ) ## 71201.5. This division does not authorize the discharge of oil, noxious liquids, or other pollutants, in a manner prohibited by state, federal, or international laws or regulations. Ballast water carried in any tank containing a residue of oil, noxious liquid substances, or any other pollutant shall be discharged in accordance with the applicable requirements. (Amended by Stats. 2003, Ch. 491, Sec. 3. Effective January 1, 2004.)
  125. 71201.7.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 1. General Provisions [71200 - 71202] ( Chapter 1 added by Stats. 1999, Ch. 849, Sec. 1. )

    Verify source ↗

    The commission must adopt regulations needed to implement this division, following the referenced Government Code procedure.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 1. General Provisions [71200 - 71202] ( Chapter 1 added by Stats. 1999, Ch. 849, Sec. 1. ) ## 71201.7. The commission shall adopt regulations necessary to implement this division, pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2003, Ch. 491, Sec. 4. Effective January 1, 2004.)
  126. 71202.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 1. General Provisions [71200 - 71202] ( Chapter 1 added by Stats. 1999, Ch. 849, Sec. 1. )

    Verify source ↗

    This division does not apply to certain vessels, including armed forces vessels and vessels in innocent passage that meet the stated conditions.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 1. General Provisions [71200 - 71202] ( Chapter 1 added by Stats. 1999, Ch. 849, Sec. 1. ) ## 71202. This division does not apply to any of the following vessels: (a) A vessel of the armed forces, as defined in paragraph (14) of subsection (a) of Section 1322 of Title 33 of the United States Code that is subject to the “Uniform National Discharge Standards for Vessels of the Armed Forces” pursuant to subsection (n) of Section 1322 of Title 33 of the United States Code. (b) A vessel in innocent passage, which is a foreign vessel merely traversing the territorial sea of the United States and not entering or departing a United States port, or not navigating the internal waters of the United States, and that does not discharge ballast water into the waters of the state, or into waters that may impact waters of the state. (Amended by Stats. 2003, Ch. 491, Sec. 5. Effective January 1, 2004.)
  127. 71203.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. )

    Verify source ↗

    Vessel masters, operators, or persons in charge remain responsible for vessel safety, and may skip ballast water management only if it would threaten safety; if they do so, they must minimize discharge, log the reason, and notify the commission.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. ) ## 71203. (a) The master, operator, or person in charge of a vessel is responsible for the safety of the vessel, its crew, and its passengers. (b) (1) The master, operator, or person in charge of a vessel is not required by this division to conduct a ballast water management practice, including exchange, if the master determines that the practice would threaten the safety of the vessel, its crew, or its passengers because of adverse weather, vessel design limitations, equipment failure, or any other extraordinary conditions. (2) If a determination described in paragraph (1) is made, the master, operator, or person in charge of the vessel shall do all of the following: (A) Take all feasible measures, based on the best available technologies economically achievable, that do not compromise the safety of the vessel to minimize the discharge of ballast water containing nonindigenous species into the waters of the state, or waters that may impact waters of the state. (B) Include in the ballast water log for the vessel a description of how conducting a ballast water management practice would have risked the safety of the vessel, its crew, or its passengers consistent with the determination made pursuant to paragraph (1). (C) Notify the commission of the determination at the earliest practicable time. (D) Provide a copy of the description included in the ballast water log referenced in subparagraph (B) to the commission upon request. (c) Nothing in this division relieves the master, operator, or person in charge of a vessel of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers, or any other responsibility. (Amended by Stats. 2019, Ch. 443, Sec. 3. (AB 912) Effective January 1, 2020.)
  128. 71204.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. )

    Verify source ↗

    Certain vessel operators must reduce ballast water uptake/release and manage biofouling while operating in California waters.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. ) ## 71204. Subject to Section 71203, the master, owner, operator, or person in charge of a vessel carrying, or capable of carrying, ballast water, that operates in the waters of the state shall do all of the following to minimize the uptake and the release of nonindigenous species: (a) Discharge only the minimal amount of ballast water essential for vessel operations while in the waters of the state. (b) Minimize the discharge or uptake of ballast water in areas within, or that may directly affect, marine sanctuaries, marine preserves, marine parks, or coral reefs. (c) Minimize or avoid uptake of ballast water in all of the following areas and circumstances: (1) Areas known to have infestations or populations of nonindigenous organisms and pathogens. (2) Areas near a sewage outfall. (3) Areas for which the master, owner, operator, or person in charge of a vessel has been informed of the presence of toxic algal blooms. (4) Areas where tidal flushing is known to be poor or in turbid waters. (5) In darkness when bottom-dwelling organisms may rise up in the water column. (6) Areas where sediments have been disturbed, such as near dredging operations or where propellers may have recently stirred up the sediment. (d) Clean the ballast tanks regularly in mid-ocean waters, or under controlled arrangements in port or in drydock, to remove sediments and biofouling organisms and dispose of those organisms and sediments in accordance with local, state, and federal law. (e) Rinse anchors and anchor chains when retrieving the anchor to remove organisms and sediments at their place of origin. (f) (1) Remove biofouling organisms from the hull, piping, propellers, sea chests, and other wetted portions of a vessel arriving at a California port or place, on a regular basis, and dispose of removed substances in accordance with local, state, and federal law. (2) For purposes of paragraph (1), prior to and until the date that the regulations described in Section 71204.6 are adopted, “regular basis” means any of the following: (A) No longer than by the date of expiration on the vessel’s full-term Safety Construction Certificate or an extension of that expiration date. (B) No longer than by the date of expiration of the vessel’s full-term United States Coast Guard Certificate of Inspection or an extension of that expiration date by the United States Coast Guard. (C) No longer than 60 months since the time of the vessel’s last out-of-water drydocking. The commission may approve a time extension to this period. (3) Inwater cleaning that is performed on the wetted portions of a vessel while in the waters of the state shall be conducted using best available technologies economically achievable, and designed to minimize the release of coating and biological materials, cleaning agents, and byproducts of the cleaning process into the surrounding waters. The cleaning shall be performed in accordance with local, state, and federal law. (g) Provide access to the commission, upon request, for sampling of biofouling and ballast intake and discharge. (h) Maintain a ballast water management plan that was prepared specifically for the vessel and that shall, upon request, be made available to the commission for inspection and review. This plan shall be specific to each vessel and shall provide, at a minimum, a description of the ballast water management strategy for the vessel that is sufficiently detailed to allow a master or other appropriate ship’s officer or crew member serving on that vessel to understand and follow the ballast water management strategy. (i) Train the master, operator, person in charge, and those members of the crew who have responsibilities under the vessel’s ballast water management plan, on the application of ballast water and sediment management and treatment procedures, as well as procedures described in this section, in order to minimize other releases of nonindigenous species from vessels. (Amended by Stats. 2018, Ch. 742, Sec. 20. (SB 1493) Effective January 1, 2019.)
  129. 71204.3.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. )

    Verify source ↗

    The commission must adopt ballast-water regulations for certain vessels, and vessel masters/operators must follow them or, before the regulations take effect, use one of several listed ballast-water management practices.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. ) ## 71204.3. (a) The commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable, and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms. (b) Subject to Section 71203, the master, operator, or person in charge of a vessel arriving at a California port from a port outside of the Pacific Coast Region shall comply with these regulations. (c) Prior to and until the date of implementation of the regulations described in subdivision (a), and subject to Section 71203, the master, operator, or person in charge of a vessel that arrives at a California port from a port outside of the Pacific Coast Region shall employ at least one of the following ballast water management practices: (1) Exchange the vessel’s ballast water in mid-ocean waters, before entering the coastal waters of the state. (2) Retain all ballast water on board the vessel. (3) (A) Discharge the ballast water at the same location where the ballast water originated, provided that the master, operator, or person in charge of the vessel can demonstrate that the ballast water to be discharged was not mixed with ballast water taken on in an area other than mid-ocean waters. (B) For purposes of this paragraph, “same location” means an area within one nautical mile (6,000 feet) of the berth or within the recognized breakwater of a California port, at which the ballast water to be discharged was loaded. (4) Use an alternative, environmentally sound method of ballast water management that, before the vessel begins the voyage, has been approved by the commission or the United States Coast Guard as being at least as effective as exchange, using mid-ocean waters, in removing or killing nonindigenous species. (5) Discharge the ballast water to a reception facility approved by the commission. (6) Under extraordinary circumstances, perform a ballast water exchange within an area agreed to by the commission in consultation with the United States Coast Guard at or before the time of the request. (Amended by Stats. 2015, Ch. 644, Sec. 3. (AB 1312) Effective January 1, 2016.)
  130. 71204.5.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. )

    Verify source ↗

    The commission must adopt ballast water management regulations, and vessel masters, operators, or persons in charge must comply with them for vessels arriving from the Pacific Coast Region.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. ) ## 71204.5. (a) On or before January 1, 2005, the commission shall adopt regulations governing ballast water management practices for vessels arriving at a California port or place from a port or place within the Pacific Coast Region. The commission shall consider vessel design and voyage duration in developing these regulations. The regulations shall be based on the best available technology economically achievable and shall be designed to protect the waters of the state. The regulations shall include, as appropriate, restrictions or prohibitions on discharge of ballast water containing nonindigenous species into areas in and outside estuaries and into ocean areas shown to have a capacity to retain organisms. (b) Subject to Section 71203, and commencing no later than July 1, 2005, the master, operator, or person in charge of a vessel arriving at a California port or place from a port or place within the Pacific Coast Region shall comply with these regulations. (Added by Stats. 2003, Ch. 491, Sec. 10. Effective January 1, 2004.)
  131. 71204.6.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. )

    Verify source ↗

    The commission must adopt regulations on managing biofouling on vessels arriving at California ports or places.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. ) ## 71204.6. On or before January 1, 2012, the commission, in consultation with the board, the United States Coast Guard, and a technical advisory group consisting of interested persons, including, but not limited to, shipping, port, and environmental conservation representatives, shall develop and adopt regulations governing the management of biofouling on vessels arriving at a California port or place. The commission shall consider vessel design and voyage duration in developing the regulations. The regulations shall be based on the best available technology economically achievable, regularly reviewed and revised as appropriate, and shall be designed to protect the waters of the state. (Amended by Stats. 2019, Ch. 443, Sec. 4. (AB 912) Effective January 1, 2020.)
  132. 71205.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. )

    Verify source ↗

    Vessel officials must report ballast water information to the commission before arrival, keep required records on board, and retain some logs and copies for two years.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. ) ## 71205. (a) (1) The master, owner, operator, agent, or person in charge of a vessel carrying, or capable of carrying, ballast water, that visits a California port, shall provide the information described in subdivision (c) in electronic or written form to the commission at least 24 hours before the vessel arrives at that California port. If a vessel’s voyage is less than 24 hours in total duration, the vessel shall report the required information prior to departing the port of departure. (2) The information described in subdivision (c) shall be submitted using a form developed by the United States Coast Guard. (b) If the information submitted in accordance with this section changes, an amended form shall be submitted to the commission upon the vessel’s departure from each port of call in California. (c) (1) The master, owner, operator, or person in charge of the vessel shall maintain on board the vessel, in written or electronic form, records that include all of the following information: (A) Vessel information, including all of the following: (i) Name. (ii) International Maritime Organization number or official number if the International Maritime Organization number has not been assigned. (iii) Vessel type. (iv) Owner or operator. (v) Gross tonnage. (vi) Call sign. (vii) Port of registry. (B) Voyage information, including the date and port of arrival, vessel agent, last port and country of call, and next port and country of call. (C) Ballast water information, including the total ballast water capacity, total volume of ballast water on board, total number of ballast water tanks, capacity of each ballast water tank, and total number of ballast water tanks in ballast, using measurements in metric tons (MT) and cubic meters (m3). (D) Ballast water management information, including all of the following: (i) The total number of ballast tanks or holds, the contents of which are to be discharged into the waters of the state or to a reception facility. (ii) If an alternative ballast water management method is used, the number of tanks that were managed using an alternative method, as well as the type of method used. (iii) Whether the vessel has a ballast water management plan and International Maritime Organization guidelines on board, and whether the ballast water management plan is used. (iv) Whether the master, operator, or person in charge of the vessel has claimed a safety exemption pursuant to paragraph (1) of subdivision (b) of Section 71203 for the vessel voyage, and the reason for asserting the applicability of that paragraph. (E) Information on ballast water tanks, the contents of which are to be discharged into the waters of the state or to a reception facility, including all of the following: (i) The origin of ballast water, including the date and location of intake, volume, and temperature. If a tank has been exchanged, the identity of the loading port of the ballast water that was discharged during the exchange. (ii) The date, location, volume, method, thoroughness measured by percentage exchanged if exchange is conducted, and sea height at time of exchange if exchange is conducted, of ballast water exchanged or otherwise managed. (iii) The expected date, location, volume, and salinity of ballast water to be discharged into the waters of the state or a reception facility. (F) Discharge of sediment and, if sediment is to be discharged within the state, the location of the facility where the disposal will take place. (G) Certification of accurate information, that shall include the printed name, title, and signature of the master, owner, operator, person in charge, or responsible officer attesting to the accuracy of the information provided and certifying compliance with the requirements of this division. (H) Changes to previously submitted information. (2) The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a signed copy of the information described in this subdivision on board the vessel for two years. (d) The master, owner, operator, or person in charge of a vessel subject to this division shall retain for two years a separate ballast water log outlining ballast water management activities for each ballast water tank on board the vessel and shall make the separate ballast water log available to the commission for inspection and review. (e) (1) The master, owner, operator, agent, or person in charge of a vessel subject to this division shall provide the information described in subdivision (f) in electronic or written form to the commission annually upon request of the commission. The master, owner, operator, agent, or person in charge of the vessel shall submit that information within 60 days of receiving a written or electronic request from the commission. For purposes of this paragraph, the reporting shall begin on January 1, 2008, and continue until the date that the regulations described in Section 71204.6 are adopted. (2) (A) The information described in subdivision (f) shall be submitted using a form developed by the commission. (B) The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a copy of the form submitted pursuant to this subdivision on board the vessel for two years. (f) The master, owner, operator, agent, or person in charge of a vessel subject to this division shall maintain, in written or electronic form, records that include the following information: (1) (A) Date and location of drydocking events. (B) Whether the vessel in general, and the wetted portion of the vessel, sea chests, anchors, and associated chains in particular, were cleaned during a drydocking event. (2) Date and geographic location of all inwater cleaning of the wetted portion of the vessel. (3) (A) Date and geographic location of all antifouling paint applications to the vessel. (B) The manufacturer and brand name of the antifouling paint applied to the vessel. (4) Any additional information required by the commission by rule or regulation. (g) (1) The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall provide to the commission based on a schedule to be developed by the commission, by rule or regulation, in consultation with the advisory panel established in Section 71204.9 and the United States Coast Guard, the following information in electronic or written form: (A) The manufacturer and product name of the ballast water treatment system on board the vessel. (B) If applicable, the name and organization that has approved the ballast water treatment system and the approval or certification number of the ballast water treatment system technology. (C) The number of tanks and the volume of each tank that is managed using the ballast water treatment system and that was discharged in waters of the state. (D) Any additional information required by the commission by rule or regulation. (2) The information required by paragraph (1) shall be provided on a form developed by the commission. (h) The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall maintain on board the vessel, in written or electronic form, records, including, but not limited to, all of the following information: (1) Copies of all reports and forms described in subdivision (g), submitted to the commission. (2) Material safety data sheets for all chemicals utilized in conjunction with the ballast water treatment system. (3) System manufacturer’s technical guides, publications, and manuals. (4) Ballast water treatment system performance information, which may be incorporated into the ballast water log described in subdivision (d), and includes, at a minimum, all of the following information: (A) The date, time, and location of the starting and stopping of the system for the purpose of treating ballast water. (B) System malfunctions or unexpected situations, including problem resolution. (C) Both scheduled and unscheduled maintenance of the system. (D) All relevant measures of performance recorded during system operation. (E) Any additional information required by the commission by rule or regulation. (Amended by Stats. 2015, Ch. 644, Sec. 5. (AB 1312) Effective January 1, 2016.)
  133. 71205.3.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. )

    Verify source ↗

    The commission must adopt ballast-water regulations for vessels operating in state waters, and vessel owners/operators must follow specified performance standards and deadlines.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. ) ## 71205.3. (a) The commission shall adopt regulations that do all of the following: (1) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the ballast water discharge performance standards set forth in Section 151.2030(a) of Title 33 of the Code of Federal Regulations, or as that regulation may be amended. (2) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to comply with the implementation schedule set forth in Section 151.2035(b) of Title 33 of the Code of Federal Regulations, or as that regulation may be amended, except as prescribed in Section 151.2036 of Title 33 of the Code of Federal Regulations, or as that regulation may be amended. (3) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to implement the interim performance standards for the discharge of ballast water recommended in accordance with Table X-1 of the California State Lands Commission Report on Performance Standards for Ballast Water Discharges in California Waters, as approved by the commission on January 26, 2006, by January 1, 2030. (4) Require an owner or operator of a vessel carrying, or capable of carrying, ballast water that operates in the waters of the state to meet the final performance standard for the discharge of ballast water of zero detectable living organisms for all organism size classes no later than January 1, 2040. If, based on a review of ballast water treatment technologies submitted in a report to the Legislature in conformance with provisions of subdivision (b), achievement of the final performance standard becomes practicable sooner than January 1, 2040, the commission shall establish an earlier effective date in regulation. (b) (1) If a ballast water treatment system has stopped operating properly during a voyage, the master, owner, operator, or person in charge of the vessel shall report the problem to the commission as soon as practicable. (2) The commission shall consult with the United States Coast Guard to attempt to identify an alternative, environmentally sound method of ballast water management under the circumstances described in paragraph (1) in accordance with Section 151.2040(b) of Title 33 of the Code of Federal Regulations. (3) The master, owner, operator, or person in charge of the vessel subject to paragraph (1) shall employ the alternative, environmentally sound method of ballast water management identified by the commission in consultation with the United States Coast Guard before discharging ballast water in California waters. (c) (1) Not less than 18 months before January 1, 2030, and January 1, 2040, the commission, in consultation with the board, the United States Coast Guard, and an advisory panel described in paragraph (3), shall prepare, or update, and submit to the Legislature a report on the efficacy, availability, and environmental impacts, including the effect on water quality, of currently available technologies for ballast water treatment systems. If technologies to meet the performance standards are determined in a review to be unavailable, the commission shall include in that review an assessment of why the technologies are unavailable. (2) The advisory panel described in paragraph (3) shall make recommendations regarding the content and issuance of the report and implementation of the performance standards to the commission. (3) (A) The advisory panel shall include, but not be limited to, representatives from one or more state regional water quality control boards, the Department of Fish and Wildlife, the United States Coast Guard, the United States Environmental Protection Agency, and other persons representing shipping, port, conservation, fishing, aquaculture, agriculture, and public water agency interests. The commission shall ensure that the advisory panel meets in a manner that facilitates the effective participation of both the public and private members. The advisory panel’s meetings shall be open to the public. (B) The commission shall provide notice of the advisory panel’s meetings to any person who requests that notice in writing, as well as on the commission’s internet website. The commission shall provide that notice at least 10 days before an advisory panel meeting and shall include the meeting’s agenda and the name, address, and telephone number of a person who can provide additional information before the meeting. (4) (A) The requirement for submitting a report imposed under this subdivision is inoperative on January 1, 2034, for the interim performance standard, and January 1, 2044, for the final performance standard, pursuant to Section 10231.5 of the Government Code. (B) A report required to be submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2021, Ch. 770, Sec. 2. (SB 822) Effective January 1, 2022.)
  134. 71206.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. )

    Verify source ↗

    The commission must inspect and sample some arriving vessels, and vessel operators must provide required records when requested.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. ) ## 71206. (a) The commission, in coordination with the United States Coast Guard, shall take samples of ballast water, sediment, and biofouling from and inspect at least 25 percent of the arriving vessels subject to this division, examine documents, and make other appropriate inquiries to assess the compliance of any vessel subject to this division. The commission shall provide to the board copies of all sampling results. (b) The master, owner, operator, or person in charge of a vessel subject to this division shall make available to the commission, upon request of that commission, the records required to be maintained by this division. (c) The commission, in coordination with the United States Coast Guard, shall compile the information obtained from submitted reports. The information shall be used, in conjunction with existing information relating to the number of vessel arrivals, to assess vessel reporting rates and compliance with the requirements of this division. (Amended by Stats. 2015, Ch. 644, Sec. 7. (AB 1312) Effective January 1, 2016.)
  135. 71207.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. )

    Verify source ↗

    This section lets certain state or local bodies enforce the division within the section 71216 fine limits, makes violators subject to civil and criminal liability, and gives the commission power to order a noncompliant vessel to leave state waters and handle ballast water or biofouling unless safety or stability would be threatened.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. ) ## 71207. (a) Nothing in this division restricts a state or local agency, board, commission, or department, or a subdivision of one of those entities, from enforcing this division, if the total fines imposed by those entities do not exceed the amount of the fines set forth in Section 71216. (b) A person who violates this division is subject to civil and criminal liability in accordance with Chapter 5 (commencing with Section 71216). (c) The commission may require a vessel operating in violation of this division to depart the waters of the state and exchange, treat, or otherwise manage the ballast water or biofouling, or both, at a location determined by the commission, unless the master determines that the departure or exchange would threaten the safety or stability of the vessel, its crew, or its passengers. (Amended by Stats. 2015, Ch. 644, Sec. 8. (AB 1312) Effective January 1, 2016.)
  136. 71210.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. )

    Verify source ↗

    The commission must sponsor pilot programs on ballast water and biofouling management and provide biennial summaries of the results to the Legislature and the public.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 2. Ballast Water and Biofouling Management Requirements [71203 - 71210] ( Heading of Chapter 2 amended by Stats. 2018, Ch. 742, Sec. 19. ) ## 71210. (a) The commission, in consultation with the board, the United States Coast Guard, the United States Environmental Protection Agency, and a technical advisory group made up of interested persons, including, but not limited to, shipping and port representatives, shall sponsor pilot programs for the purpose of evaluating alternatives for treating and otherwise managing ballast water and biofouling. The goal of this effort shall be the meaningful participation of the State of California in federal rulemaking actions and the reduction or elimination of the discharge of nonindigenous species into the coastal waters of the state or into waters that may impact coastal waters of the state. Whenever possible, the pilot programs shall include funding from federal grants and appropriations, vendor funding, and state bond funds, including, but not limited to, bond funds from the Water Security, Clean Drinking Water, Coastal and Beach Protection Act of 2002. Priority shall be given to projects to test and evaluate treatment technologies that can be used to prevent the introduction and spread of nonindigenous aquatic species into coastal waters of the state by ship-mediated vectors. (b) (1) The commission shall provide biennial summaries to the Legislature and the public, beginning on or before January 31, 2005, of the results of the pilot programs conducted pursuant to this section. These summary reports shall include, but not be limited to, a description of the projects, the relative effectiveness of the technologies examined in minimizing the discharge of nonindigenous species, and the costs of implementing the technologies. (2) The summary reports required by this subdivision shall be in compliance with Section 9795 of the Government Code. (Amended by Stats. 2019, Ch. 443, Sec. 8. (AB 912) Effective January 1, 2020.)
  137. 71211.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 3. Research and Program Evaluation [71211 - 71213] ( Chapter 3 added by Stats. 1999, Ch. 849, Sec. 1. )

    Verify source ↗

    The Department of Fish and Wildlife must collect and publish data on nonindigenous species inventories and assess ballast water and biofouling controls.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 3. Research and Program Evaluation [71211 - 71213] ( Chapter 3 added by Stats. 1999, Ch. 849, Sec. 1. ) ## 71211. (a) (1) The Department of Fish and Wildlife, in consultation with the commission and the United States Coast Guard, shall collect data necessary to establish and maintain an inventory of the location and geographic range of nonindigenous species populations in the coastal and estuarine waters of the state that includes open coastal waters and bays and estuaries. In particular, data shall be collected that does both of the following: (A) Supplements the existing baseline of nonindigenous species previously developed pursuant to this section, by adding data from investigations of intertidal and nearshore subtidal habitats along the open coast. (B) Monitors the coastal and estuarine waters of the state, including, but not limited to, habitats along the open coast, for new introductions of nonindigenous species or spread of existing nonindigenous species populations. (2) Whenever possible, the study shall use appropriate, existing data, including data from previous studies made pursuant to this section. The Department of Fish and Wildlife shall make the inventory and accompanying analysis available to the public through the Internet on or before January 1, 2007, and annually shall provide to the public an update of that inventory. (b) (1) The Department of Fish and Wildlife, in consultation with the commission and the United States Coast Guard, shall assess the effectiveness of the ballast water and biofouling controls implemented pursuant to this division by comparing the status and establishment of nonindigenous species populations, as determined from the data collected pursuant to subdivision (a), with the baseline data collected pursuant to this division and submitted in a report to the Legislature in 2003. (2) Whenever possible, this research shall utilize appropriate, existing data. (c) Information generated by the research conducted pursuant to this section shall be of the type and in a format useful for subsequent studies and reports undertaken for any of the following purposes: (1) The determination of alternative discharge zones. (2) The identification of environmentally sensitive areas to be avoided for uptake or discharge of ballast water. (3) The long-term effectiveness of biofouling management and ballast water discharge control measures. (4) The determination of potential risk zones where uptake or discharge of ballast water shall be prohibited. (5) The rate and risk of establishment of nonindigenous species in the coastal waters of the state, and resulting impacts. (Amended by Stats. 2018, Ch. 742, Sec. 24. (SB 1493) Effective January 1, 2019.)
  138. 71212.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 3. Research and Program Evaluation [71211 - 71213] ( Chapter 3 added by Stats. 1999, Ch. 849, Sec. 1. )

    Verify source ↗

    The commission must submit a report to the Legislature and make it public, starting by January 31, 2005 and every three years after that.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 3. Research and Program Evaluation [71211 - 71213] ( Chapter 3 added by Stats. 1999, Ch. 849, Sec. 1. ) ## 71212. On or before January 31, 2005, and updated triennially, the commission, in consultation with the board, the Department of Fish and Wildlife, and the United States Coast Guard, shall submit to the Legislature, and make available to the public, a report that includes, but is not limited to, all of the following: (a) A summary of the information provided in the ballast water management report forms submitted to the commission, including the volumes of ballast water managed, volumes discharged into state waters, types of ballast water treatment, and locations at which ballast water was loaded and discharged. (b) Monitoring and inspection information collected by the commission pursuant to this division, including a summary of compliance rates, categorized by geographic area and other groupings as information allows. (c) An analysis of the monitoring and inspection information, including recommendations for actions to be undertaken to improve the effectiveness of the monitoring and inspection program. (d) An evaluation of the effectiveness of the measures taken to reduce or eliminate the discharge of nonindigenous species from vessels, including recommendations regarding action that should be taken to improve the effectiveness of those measures. (e) A summary of the research completed during the three-year period that precedes the release of the report, and ongoing research, on the release of nonindigenous species by vessels. (Amended by Stats. 2025, Ch. 102, Sec. 11. (SB 856) Effective January 1, 2026.)
  139. 71212.1.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 3. Research and Program Evaluation [71211 - 71213] ( Chapter 3 added by Stats. 1999, Ch. 849, Sec. 1. )

    Verify source ↗

    The commission must publish specified ballast water report and vessel inspection/compliance information on its website by April 30, 2026, and update it twice a year.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 3. Research and Program Evaluation [71211 - 71213] ( Chapter 3 added by Stats. 1999, Ch. 849, Sec. 1. ) ## 71212.1. On or before April 30, 2026, and updated semiannually, the commission shall publish on its internet website both of the following: (a) A summary of the information provided in the ballast water management report forms submitted to the commission, including vessel arrival data indicating vessel type and arrival port, and volumes of ballast water discharged into state waters by vessel type and arrival port. (b) Inspection and compliance rates for vessels, as available. (Added by Stats. 2025, Ch. 102, Sec. 12. (SB 856) Effective January 1, 2026.)
  140. 71213.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 3. Research and Program Evaluation [71211 - 71213] ( Chapter 3 added by Stats. 1999, Ch. 849, Sec. 1. )

    Verify source ↗

    The commission, the board, and the Department of Fish and Wildlife must identify and conduct needed research for this division, and the commission may take ballast water, sediment, and biofouling samples from arriving vessels for research.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 3. Research and Program Evaluation [71211 - 71213] ( Chapter 3 added by Stats. 1999, Ch. 849, Sec. 1. ) ## 71213. (a) The commission, the board, and the Department of Fish and Wildlife, in consultation with interested stakeholders, shall identify and conduct any other research determined necessary to carry out the requirements of this division. The research may relate to the transport and release of nonindigenous species by vessels, the methods of sampling and monitoring of the nonindigenous species transported or released by vessels, the rate or risk of release or establishment of nonindigenous species in the waters of the state and resulting impacts, and the means by which to reduce or eliminate a release or establishment. The research shall focus on assessing or developing methodologies for treating or otherwise managing ballast water and biofouling to reduce or eliminate the discharge or establishment of nonindigenous species. (b) The commission may also take samples of ballast water, sediment, and biofouling from arriving vessels subject to this division for research purposes. (Amended by Stats. 2019, Ch. 443, Sec. 9. (AB 912) Effective January 1, 2020.)
  141. 71215.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 4. Marine Invasive Species Control Fund [71215- 71215.] ( Heading of Chapter 4 amended by Stats. 2003, Ch. 491, Sec. 22. )

    Verify source ↗

    This section creates the Marine Invasive Species Control Fund and requires the commission to administer it, set a fee by regulation, and keep certain money in the fund.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 4. Marine Invasive Species Control Fund [71215- 71215.] ( Heading of Chapter 4 amended by Stats. 2003, Ch. 491, Sec. 22. ) ## 71215. (a) (1) The Marine Invasive Species Control Fund is hereby created. The money in the fund, upon appropriation by the Legislature, shall be used solely to carry out this division. (2) All money accruing to the Exotic Species Control Fund shall be transferred to the Marine Invasive Species Control Fund. (b) (1) The commission shall administer the fund in accordance with this chapter. (2) The commission shall establish, through regulation, a reasonable and appropriate fee solely for the purposes of carrying out this division. The fee may not exceed one thousand dollars ($1,000) for each voyage, as described in subdivision (c). This amount may be adjusted for inflation every two years. (3) In establishing fees, the commission shall consult with a technical advisory group made up of interested persons, including, but not limited to, shipping and port representatives. (4) The commission may establish lower levels of fees and the maximum amount of fees for individual shipping companies or vessels. Any fee schedule established, including the level of fees and the maximum amount of fees, shall take into account the impact of the fees on vessels operating from California in the Hawaii or Alaska trades, the frequency of calls by particular vessels to California ports within a year, the ballast water and biofouling management practices of the vessels, and other relevant considerations. (c) The California Department of Tax and Fee Administration, in accordance with Part 22.5 (commencing with Section 44000) of Division 2 of the Revenue and Taxation Code, shall collect the fee from the owner or operator of each vessel, or the vessel agent acting on behalf of the owner or operator, that arrives at a California port or place from a port or place outside of California. That fee may not be assessed on any vessel arriving at a California port or place if that vessel comes directly from another California port or place and during that transit has not first arrived at a port or place outside California or moved outside the exclusive economic zone (EEZ) prior to arrival at the subsequent California port or place. (d) Notwithstanding any other provision of law, all fees imposed pursuant to this section shall be deposited into the Marine Invasive Species Control Fund. (e) Notwithstanding any other provision of law, all penalties and payments collected for violations of any requirements of this division shall be deposited into the Marine Invasive Species Control Fund. (Amended by Stats. 2021, Ch. 432, Sec. 8. (SB 824) Effective January 1, 2022.)
  142. 71216.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 5. Civil and Criminal Penalties and Liability [71216 - 71217] ( Heading of Chapter 5 amended by Stats. 2003, Ch. 491, Sec. 24. )

    Verify source ↗

    This section sets penalties and procedures for violations of the Marine Invasive Species Act, including complaint, hearing, review, and enforcement steps.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 5. Civil and Criminal Penalties and Liability [71216 - 71217] ( Heading of Chapter 5 amended by Stats. 2003, Ch. 491, Sec. 24. ) ## 71216. (a) Except as provided in subdivision (b) or (c), a person who intentionally or negligently fails to comply with the requirements of this division may be liable for an administrative civil penalty in an amount that shall not exceed twenty-seven thousand five hundred dollars ($27,500) for each violation. Each day of a continuing violation constitutes a separate violation. (b) A person who fails to comply with the reporting requirements set forth in Section 71205 may be liable for an administrative civil penalty in an amount that shall not exceed twenty-seven thousand five hundred dollars ($27,500) per violation. Each day of a continuing violation constitutes a separate violation. (c) A person who, knowingly and with intent to deceive, falsifies a ballast water or biofouling management report form required by this division, or knowingly and with intent to deceive, tampers with or disables a system for controlling the release of nonindigenous species, required by this division, may be liable for an administrative civil penalty in an amount that shall not exceed twenty-seven thousand five hundred dollars ($27,500) per violation. Each day of a continuing violation constitutes a separate violation. (d) The executive officer of the commission may issue a complaint to a person on whom civil liability may be imposed pursuant to this division. The complaint shall allege the facts or failures to act that constitute a basis for liability and the amount of the proposed civil liability. The complaint shall be served by personal service or certified mail and shall inform the person served of the right to a hearing. A person served with a complaint pursuant to this subdivision may, within 30 days after service of the complaint, request a hearing by filing with the executive officer a notice of defense, as described in Section 11506 of the Government Code. A notice of defense is deemed to be filed within the 30-day period if it is postmarked within the 30-day period. If a hearing is requested by the person, it shall be conducted within 30 days after the executive officer receives the notice of defense. If no notice of defense is filed within 30 days after service of the complaint, the executive officer shall issue an order setting liability in the amount proposed in the complaint unless the executive officer and the person have entered into a settlement agreement, in which case the executive officer shall issue an order setting liability in the amount specified in the settlement agreement. If the person has not filed a notice of defense or if the executive officer and the person have entered into a settlement agreement, the order shall not be subject to review by a court or agency. (e) A hearing required pursuant to this section shall be conducted by an independent hearing officer, in accordance with the procedures specified in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, except as otherwise specified in this section. In making a determination, the hearing officer shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health and safety of the environment, and the violator’s ability to pay the proposed civil penalty. After conducting a hearing required pursuant to this section, the hearing officer shall, within 30 days after the case is submitted, issue a decision, including an order setting the amount, if any, of the civil penalty to be imposed. (f) An order setting civil liability and issued pursuant to this section is effective and final upon issuance. The violator shall pay any penalty within 30 days of service, unless he or she seeks judicial review pursuant to subdivision (g), in which case he or she shall pay any penalty within 30 days of service of the court’s order setting civil liability. A copy of the order shall be served by personal service or by certified mail upon the person served with the complaint and upon other persons who appeared at the hearing and requested a copy. (g) Within 30 days after service of a copy of a decision issued by the hearing officer that the person served is liable for a civil penalty, a person so served may file a petition for writ of mandate for review of the decision pursuant to Section 11523 of the Government Code. A person who fails to file the petition within the 30-day period shall not challenge the reasonableness or validity of a decision or order of the hearing officer in any judicial proceedings brought to enforce the decision or order or for other remedies. Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure shall govern a proceeding conducted pursuant to this subdivision. In a proceeding pursuant to this subdivision, the court shall uphold the decision of the hearing officer if the decision is based upon substantial evidence in the whole record. The filing of a petition for writ of mandate shall not stay any corrective action required pursuant to this act or the accrual of any penalties assessed pursuant to this act. This subdivision does not prohibit the court from granting any appropriate relief within its jurisdiction. (h) An order for administrative penalties entered pursuant to this section shall be subject to interest at the legal rate from the filing date of the complaint as specified in subdivision (d). (i) A provision of this chapter or a ruling of the executive officer shall not be construed to limit, abridge, or supersede the power of the Attorney General, at the request of the executive officer, or upon his or her own motion, to bring an action in the name of the people of the State of California to enjoin a violation of this division, seek necessary remedial action by a person who violates this division, or seek civil and criminal penalties against a person who violates this division. (j) In lieu of a complaint pursuant to subdivision (d) to impose administrative civil penalties set forth in subdivisions (a), (b), and (c), the Attorney General, at the request of the commission, may bring an action in superior court, in the name of the people of the State of California, to enjoin a violation of this division, seek necessary remedial action by a person who violates this division, or seek civil penalties in the amounts set forth in subdivisions (a), (b), and (c). (Amended by Stats. 2018, Ch. 742, Sec. 28. (SB 1493) Effective January 1, 2019.)
  143. 71217.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 5. Civil and Criminal Penalties and Liability [71216 - 71217] ( Heading of Chapter 5 amended by Stats. 2003, Ch. 491, Sec. 24. )

    Verify source ↗

    A person who violates Section 71216(c) commits a misdemeanor and may be jailed for up to one year in county jail.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 5. Civil and Criminal Penalties and Liability [71216 - 71217] ( Heading of Chapter 5 amended by Stats. 2003, Ch. 491, Sec. 24. ) ## 71217. A person who violates subdivision (c) of Section 71216 is guilty of a misdemeanor, and is punishable by imprisonment in the county jail for not more than one year. (Added by Stats. 2003, Ch. 491, Sec. 26. Effective January 1, 2004.)
  144. 71271.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 6. Repeal [71271- 71271.] ( Chapter 6 added by Stats. 1999, Ch. 849, Sec. 1. )

    Verify source ↗

    If a similar federal program is established and implemented, the commission must report to the Legislature within eight months and compare the programs.

    ## Public Resources Code - PRC ## DIVISION 36. MARINE INVASIVE SPECIES ACT [71200 - 71271] ( Heading of Division 36 amended by Stats. 2009, Ch. 317, Sec. 1. ) ## CHAPTER 6. Repeal [71271- 71271.] ( Chapter 6 added by Stats. 1999, Ch. 849, Sec. 1. ) ## 71271. If a federal program and regulations similar to the program and regulations developed pursuant to this division are established and implemented, the commission shall submit a report to the Legislature within eight months of the implementation of the federal program. The report shall compare the federal program with the program described in this division and make a finding as to the federal program’s relative effectiveness in preventing the introduction of marine invasive species from vessels visiting California. The commission shall recommend repeal of the program described in this division only if it finds that the federal program is equally or more effective at implementing and funding effective controls on the release of aquatic invasive species into the waters of the state than the program described in this division. (Amended by Stats. 2006, Ch. 292, Sec. 7. Effective January 1, 2007.)
  145. 71275.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.8. REFINERY SAFETY [71275- 71275.] ( Part 3.8 added by Stats. 2017, Ch. 590, Sec. 1. )

    Verify source ↗

    The California Environmental Protection Agency must examine refinery safety improvements, coordinate with listed agencies, hold at least two public meetings each year, and request agency representatives to attend.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 3.8. REFINERY SAFETY [71275- 71275.] ( Part 3.8 added by Stats. 2017, Ch. 590, Sec. 1. ) ## 71275. (a) The California Environmental Protection Agency, in consultation with the following agencies, shall examine ways to improve public and worker safety through enhanced oversight of refineries and to strengthen emergency preparedness in anticipation of any future refinery incident, and shall facilitate coordination among these agencies to protect the public, fence line communities, and refinery workers from risks associated with refinery operations throughout the state: (1) The Governor’s Office of Emergency Services. (2) The California Environmental Protection Agency. (3) The State Air Resources Board. (4) The Department of Toxic Substances Control. (5) The State Water Resources Control Board. (6) The Department of Industrial Relations. (7) The Division of Occupational Safety and Health (Cal-OSHA). (8) The State Department of Public Health. (9) The Emergency Medical Services Authority. (10) The Office of the State Fire Marshal. (11) Certified unified program agencies in areas with refineries. (12) Local air districts in areas with refineries. (13) The United States Environmental Protection Agency, Region 9. (b) Local agencies and the United States Environmental Protection Agency may elect to participate in the efforts provided for in this section at their option. (c) (1) The California Environmental Protection Agency shall convene at least two public meetings annually to provide members of the public with current information on refinery safety and to receive information from the public regarding health and safety concerns associated with refinery operations. (2) The California Environmental Protection Agency shall request representatives from each agency listed in subdivision (a) to attend the public meetings convened pursuant to this subdivision. (3) Meetings convened pursuant to this subdivision shall be held in geographically distinct locations in areas where a refinery is located. (d) The provisions of this section shall be carried out by agency personnel within the scope of their existing duties. (Added by Stats. 2017, Ch. 590, Sec. 1. (AB 1649) Effective January 1, 2018. Note: Sections 71200 through 71271 are located in Division 36, which follows Section 71424.)
  146. 713.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The department is responsible for fire protection, fire prevention, related resource maintenance and enhancement, contract fire protection, emergency services, and help in civil disasters and other nonfire emergencies.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 713. The department is responsible for the fire protection, fire prevention, maintenance, and enhancement of the state’s forest, range, and brushland resources, contract fire protection, associated emergency services, and assistance in civil disasters and other nonfire emergencies. Department programs, as made specific in Division 4 (commencing with Section 4001), are closely related and interdependent. The department shall coordinate programs of fire protection, fire prevention, pest control, and forest and range maintenance and enhancement. (Added by Stats. 1987, Ch. 411, Sec. 3.)
  147. 71300.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. )

    Verify source ↗

    This section defines key terms and directs the Office of Education and the Environment to run the statewide environmental education program.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. ) ## 71300. (a) For purposes of this part, the following definitions shall apply: (1) “Department” means the Department of Resources Recycling and Recovery. (2) “Office” means the Office of Education and the Environment of the Department of Resources Recycling and Recovery, as established pursuant to this section. (3) “Program” means the statewide environmental education program prescribed in this part. (b) The Office of Education and the Environment previously established in the California Environmental Protection Agency is hereby established in the Department of Resources Recycling and Recovery. The office shall dedicate its effort to implementing the statewide environmental education program prescribed pursuant to this part, including the integrated waste educational requirements specified in paragraph (9) of subdivision (b) of Section 71301. The office, through staffing and resources, shall give a high priority to implementing the statewide environmental education program. (c) The office, under the direction of the department, in cooperation with the State Department of Education and the State Board of Education, shall develop and implement a unified education strategy on the environment for elementary and secondary schools in the state. The office shall develop a unified education strategy to do all of the following: (1) Coordinate instructional resources and strategies for providing active pupil participation with onsite conservation efforts. (2) Promote service-learning opportunities between schools and local communities. (3) Assess the impact to participating pupils of the unified education strategy on pupil achievement and resource conservation. (d) The State Department of Education and the State Board of Education, in cooperation with the department, shall develop and implement to the extent feasible, a teacher training and implementation plan, to guide the implementation of the unified education strategy, for the education of pupils, faculty, and administrators on the importance of integrating environmental concepts and programs in schools throughout the state. The strategy shall project the phased implementation of elementary, middle, and high school programs. (e) In implementing this part, the office may hold public meetings to receive and respond to comments from affected state agencies, stakeholders, and the public regarding the development of resources and materials pursuant to this part. (f) In implementing this part, the office shall coordinate with other agencies and groups with expertise in education and the environment. (g) Any instructional materials developed pursuant to this part shall be subject to the requirements of Chapter 1 (commencing with Section 60000) of Part 33 of Division 4 of Title 2 of the Education Code, including, but not limited to, reviews for legal and social compliance before the materials may be used in elementary or secondary public schools. (Amended by Stats. 2013, Ch. 356, Sec. 36. (SB 96) Effective September 26, 2013.)
  148. 71301.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. )

    Verify source ↗

    The office must develop environmental principles and concepts for school pupils and, when updating them, must use current scientific and technical knowledge, seek input from specified groups, hold at least two public meetings, and keep the principles aligned with state academic standards.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. ) ## 71301. (a) As part of the unified education strategy specified in subdivision (c) of Section 71300, the office, in cooperation with the Secretary for Environmental Protection, the Natural Resources Agency, the State Department of Education, and the State Board of Education, shall develop environmental principles and concepts for elementary and secondary school pupils. (b) (1) The environmental principles and concepts may be updated every four years beginning July 1, 2008, by the office, in cooperation with the Superintendent of Public Instruction, the State Board of Education, the California Environmental Protection Agency, and the Natural Resources Agency, pursuant to the process set forth in paragraphs (2) and (3). (2) When updating or amending the environmental principles and concepts, the office shall ensure that the environmental principles and concepts are based on current scientific and technical knowledge, and shall solicit and coordinate input from the State Board of Education, the Superintendent of Public Instruction, and other executive branch agencies and departments, nongovernmental science and education consultants and organizations with the relevant scientific and technical knowledge, and currently employed, credentialed, public school classroom teachers with experience in education related to the environment. A majority of the individuals consulted to review proposed updates or amendments to the environmental principles and concepts shall be credentialed, current public school elementary or secondary classroom teachers with experience in education related to the environment. (3) When updating the environmental principles and concepts, the office shall hold a minimum of two public meetings in order for the public to provide input on the modifications. The public meetings required by this subdivision shall be held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code). (c) The environmental principles and concepts shall be aligned to the academic content standards adopted by the State Board of Education in the subjects of English language arts, science, history-social science, health, and, to the extent practicable, mathematics, and shall not conflict with any academic content standards. The environmental principles and concepts shall be used to do all of the following: (1) To direct state agencies that include environmental education components for elementary and secondary education in regulatory decisions or enforcement actions. (2) To align state agency environmental education programs and materials that are developed for elementary and secondary education. (3) For provision, by the office, of technical assistance to state agencies involved in the integration of the environmental principles and concepts in programs they operate, and in the integration of the environmental principles and concepts into state curriculum standards, frameworks, and instructional materials pursuant to Section 51227.3 of the Education Code. (d) The environmental principles and concepts shall include, but not be limited to, concepts relating to the following topics: (1) Air. (2) Climate change. (3) Energy. (4) Environmental justice. (5) Environmental sustainability. (6) Fish and wildlife resources. (7) Forestry. (8) Integrated pest management. (9) Oceans. (10) Pollution prevention. (11) Public health and the environment. (12) Resource conservation, waste reduction, and recycling. (13) Toxics and hazardous waste. (14) Water. (Amended by Stats. 2018, Ch. 374, Sec. 5. (SB 720) Effective January 1, 2019.)
  149. 71302.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. )

    Verify source ↗

    The office must develop a model environmental curriculum, then submit it for review and approval through the specified state education and environmental agencies.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. ) ## 71302. (a) Using the education principles for the environment required to be developed pursuant to Section 71301, the office, in cooperation with the Secretary for Environmental Protection, the Natural Resources Agency, the State Department of Education, and the State Board of Education, shall develop a model environmental curriculum that incorporates these education principles for the environment. The model curriculum shall be aligned with applicable State Board of Education adopted academic content standards in science, mathematics, English/language arts, and history/social sciences, to the extent that any of those content areas are addressed in the model curriculum. (b) The model curriculum shall be submitted to the Instructional Quality Commission for review. The commission shall submit its recommendation to the Secretary for Environmental Protection and to the Secretary of the Natural Resources Agency. (1) The Secretary for Environmental Protection and the Secretary of the Natural Resources Agency shall review and comment on the model curriculum. (2) The model curriculum along with the comments by the Secretary for Environmental Protection and the Secretary of the Natural Resources Agency shall be submitted to the State Board of Education for its approval. (Amended by Stats. 2013, Ch. 356, Sec. 38. (SB 96) Effective September 26, 2013.)
  150. 71303.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. )

    Verify source ↗

    The State Department of Education and related officials must support, publish, and promote a model environmental curriculum and related materials, including online availability and links.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. ) ## 71303. (a) As determined appropriate by the Superintendent of Public Instruction, the State Department of Education shall incorporate into publications that provide examples of curriculum resources for teacher use, those materials developed by the office that provide information on the education principles for the environment developed pursuant to Section 71300. (b) If the Superintendent of Public Instruction determines that materials developed by the office that provide information on the education principles for the environment are not appropriate for inclusion in publications that provide examples of curriculum resources for teacher use, the Superintendent of Public Instruction shall collaborate with the office to make the changes necessary to ensure that the materials are included in that information. (c) Pursuant to Section 71302, the department shall coordinate with the Secretary for Environmental Protection, the Superintendent of Public Instruction, the State Department of Education, and the Secretary of the Natural Resources Agency to facilitate use of the model environmental curriculum by elementary and secondary schools to the extent that funds are available for this purpose. (d) The department, the Secretary for Environmental Protection, the Superintendent of Public Instruction, the State Department of Education, and the Secretary of the Natural Resources Agency may collaborate with other federal, state, and local entities, and nongovernmental entities including nonprofit organizations, associations, businesses, individuals, and private entities, and may enter into interagency agreements, memoranda of understanding, and contracts to ensure implementation of this part. (e) The department shall make the model curriculum available electronically on the department’s Internet Web site. The State Department of Education shall make readily identifiable on its Internet Web site a link to the department’s Internet Web site containing the curriculum. (f) The State Department of Education, to the extent feasible and to the extent that funds are available for this purpose, shall encourage the development and use of instructional materials and active pupil participation in campus and community environmental education programs. To the extent feasible, the environmental education programs should be considered in the development and promotion of after school programs for elementary and secondary school pupils and state and local professional development activities to provide teachers with content background and resources to assist in teaching about the environment. (g) The State Department of Education shall explore implementation of this section from its baseline resources dedicated to this purpose and if funding is not available from that source, then funding may be provided to the department, pursuant to appropriation by the Legislature, under Section 71305. (Amended by Stats. 2013, Ch. 356, Sec. 39. (SB 96) Effective September 26, 2013.)
  151. 71304.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. )

    Verify source ↗

    The office must coordinate statewide environmental-education decisions, and certain California environmental and natural resources agencies must seek the office’s comments before approving relevant regulatory or enforcement actions.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. ) ## 71304. (a) The office, in coordination with the Secretary for Environmental Protection, shall be responsible for the statewide coordination of regulatory administrative decisions that require the development or encourage the promotion of environmental education for elementary and secondary school pupils. (b) All California Environmental Protection Agency or Natural Resources Agency boards, departments, or offices that take regulatory actions or take enforcement actions requiring the development of, or encouraging the promotion of, environmental education for elementary and secondary school pupils shall, prior to adoption or approval of the action, seek comments on the action from the office in order to promote consistency with this part and cross-media coordination. (c) The office shall coordinate with all state agencies to develop and distribute environmental education materials. (Amended by Stats. 2013, Ch. 356, Sec. 40. (SB 96) Effective September 26, 2013.)
  152. 71305.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. )

    Verify source ↗

    This section creates the Environmental Education Account and sets rules for how money in it may be received, deposited, spent, and protected.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4. STATEWIDE ENVIRONMENTAL EDUCATION [71300 - 71305] ( Part 4 added by Stats. 2003, Ch. 665, Sec. 8. ) ## 71305. (a) The Environmental Education Account is hereby established within the State Treasury. Moneys in the account may, upon appropriation by the Legislature, be expended by the department for the purposes of this part. The Director of Resources Recycling and Recovery shall administer this part, including, but not limited to, the account. (b) Notwithstanding any other law to the contrary, the department may accept and receive federal, state, and local funds and contributions of funds from a public or private organization or individual. The account may also receive proceeds from a judgment, settlement, fine, penalty, or other mechanism, in state or federal court, when the funds are contributed or the judgment specifies that the proceeds are to be used for the purposes of this part. The account may receive those funds, contributions, or proceeds from judgments, that are specifically designated for use for environmental education purposes. Private contributors shall not have the authority to further influence or direct the use of their contributions. (c) Notwithstanding any other law, a state agency that requires the development of, or encourages the promotion of, environmental education for elementary and secondary school pupils, may contribute to the account. (d) The department shall immediately deposit any funds contributed pursuant to subdivision (b) into the account. (e) The Legislature finds and declares that the maintenance of the account is of the utmost importance to the state and that it is essential that any moneys in the account be used solely for the purposes authorized in this section and not be used, loaned, or transferred for any other purposes. Further, state agencies that promote environmental education for elementary and secondary school pupils will benefit from the environmental curriculum adopted pursuant to this part and should provide equitable and balanced support for the program. (Amended (as added by Stats. 2010, Ch. 718, Sec. 23) by Stats. 2013, Ch. 356, Sec. 41. (SB 96) Effective September 26, 2013.)
  153. 71340.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.4. California Climate Change Assessment [71340 - 71343] ( Part 4.4 added by Stats. 2020, Ch. 136, Sec. 1. )

    Verify source ↗

    The Office of Land Use and Climate Innovation must develop the California Climate Change Assessment and complete it at least every five years.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.4. California Climate Change Assessment [71340 - 71343] ( Part 4.4 added by Stats. 2020, Ch. 136, Sec. 1. ) ## 71340. (a) The Office of Land Use and Climate Innovation, through the Integrated Climate Adaptation and Resiliency Program established pursuant to Part 4.5 (commencing with Section 71350), shall develop the California Climate Change Assessment, in coordination with the Natural Resources Agency, the State Energy Resources Conservation and Development Commission, and the Strategic Growth Council, and in consultation with partner public agencies designated by the Office of Land Use and Climate Innovation. The Office of Land Use and Climate Innovation may also contract with outside entities, including public universities, research institutions, organizations that serve vulnerable communities, and other technical experts to produce the assessment. (b) The Office of Land Use and Climate Innovation shall complete the assessment no less frequently than every five years, and may release components of the assessment on a rolling basis as they become available. (c) The Office of Land Use and Climate Innovation shall consider research from independent, scientifically peer-reviewed panels, financial reports, and other relevant and reasonably accessible data. (d) For purposes of this part, “vulnerable communities” has the same meaning as the definition of “vulnerable communities” adopted by the Integrated Climate Adaptation and Resiliency Program Technical Advisory Council in the most up-to-date “Defining Vulnerable Communities in the Context of Climate Adaptation” resource guide published by the Office of Land Use and Climate Innovation. (Amended by Stats. 2025, Ch. 20, Sec. 40. (AB 137) Effective June 30, 2025.)
  154. 71341.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.4. California Climate Change Assessment [71340 - 71343] ( Part 4.4 added by Stats. 2020, Ch. 136, Sec. 1. )

    Verify source ↗

    The California Climate Change Assessment must provide climate change assessment products and include the listed kinds of reports, tools, projections, and best-practice examples.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.4. California Climate Change Assessment [71340 - 71343] ( Part 4.4 added by Stats. 2020, Ch. 136, Sec. 1. ) ## 71341. The California Climate Change Assessment shall provide an integrated suite of products that report the impacts and risks of climate change, based on the best available science, and identify potential solutions to inform legislative policy. These products shall include, but not be limited to, all of the following: (a) Downscaled climate projections that assess climate change impacts throughout the state, including at regional and local levels, for near-term, medium-term, and long-term timescales, and under varied emissions scenarios, as appropriate and supported by the availability of the data, as determined by the Office of Planning and Research. (b) A set of research reports that examine, but need not be limited to, all of the following: (1) How climate change will affect built systems, natural systems, and social systems, including the welfare of vulnerable communities, and the potential fiscal and economic impacts of these effects in California. (2) Identification of potential climate adaptation and mitigation responses, including their costs and benefits. (c) Regionally specific reports that can inform regional and local vulnerability assessments, adaptation planning, and community resilience efforts. (d) Reports on issues of statewide significance, including, but not limited to, environmental justice considerations, impacts on the systems identified in paragraph (1) of subdivision (b), and the unique risks posed to, and research and monitoring approaches used by, tribal communities. (e) Decision-support tools for planners, decisionmakers, and others, including organizations that serve vulnerable communities, that allow for actionable application of assessment research findings. To the extent data is available, this shall include guidance regarding assessment of the financial and economic costs and benefits of adaptation decisions. (f) Examples of best practices for planning for future climate conditions and approaches to building adaptation and resilience, while also meeting established greenhouse gas emission reduction goals. (Added by Stats. 2020, Ch. 136, Sec. 1. (SB 1320) Effective January 1, 2021.)
  155. 71342.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.4. California Climate Change Assessment [71340 - 71343] ( Part 4.4 added by Stats. 2020, Ch. 136, Sec. 1. )

    Verify source ↗

    The Office of Planning and Research must consult specified groups when scoping the assessment, publish final assessment products on a state website in accessible format, and share the assessment materials with named public bodies after completion.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.4. California Climate Change Assessment [71340 - 71343] ( Part 4.4 added by Stats. 2020, Ch. 136, Sec. 1. ) ## 71342. (a) The Office of Planning and Research shall engage with regional and local governments, tribes, vulnerable communities, businesses, and members of the public, as necessary, in determining the scope of the assessment. (b) All final assessment products shall be posted on or accessible through a state internet website in an accessible format. (c) Upon completion of the assessment, the Office of Planning and Research shall make accessible to the Department of Finance for purposes of assessing liabilities in the state budget, and to regional and local governments, tribes, and vulnerable communities, the contents and application of the assessment, including the downscaled projections specified in subdivision (a) of Section 71341 and the decision-support tools specified in subdivision (e) of Section 71341. (d) Development of the assessment shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2020, Ch. 136, Sec. 1. (SB 1320) Effective January 1, 2021.)
  156. 71343.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.4. California Climate Change Assessment [71340 - 71343] ( Part 4.4 added by Stats. 2020, Ch. 136, Sec. 1. )

    Verify source ↗

    This section lets the Office of Planning and Research accept certain gifts and donations for this part, but spending those funds depends on legislative appropriation.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.4. California Climate Change Assessment [71340 - 71343] ( Part 4.4 added by Stats. 2020, Ch. 136, Sec. 1. ) ## 71343. (a) The implementation of this part is contingent upon an appropriation of funds by the Legislature in the annual Budget Act or another statute for purposes of this part. (b) (1) The Office of Planning and Research may receive and accept gifts, donations, contributions, or bequests of money from public, nonprofit, or philanthropic sources for purposes of this part. (2) The expenditure of all moneys received for purposes of this part shall be subject to an appropriation by the Legislature. (Added by Stats. 2020, Ch. 136, Sec. 1. (SB 1320) Effective January 1, 2021.)
  157. 71350.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. )

    Verify source ↗

    In this part, “office” means the Office of Planning and Research.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. ) ## 71350. For purposes of this part, “office” means the Office of Planning and Research. (Added by Stats. 2015, Ch. 606, Sec. 1. (SB 246) Effective January 1, 2016.)
  158. 71352.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. )

    Verify source ↗

    The office is described as the state planning agency and is directed to work on long-range goals, assist agencies, and coordinate with state climate adaptation strategies.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. ) ## 71352. The Legislature finds and declares: (a) The state has been a leader in climate mitigation efforts to reduce greenhouse gas emissions. Now, and in the coming years, it is critical for California and the global community to continue and intensify those efforts in order to avoid the most severe impacts from a changing climate. However, because the global climate system changes slowly, impacts are ongoing and will inevitably worsen. In order to address the challenges posed by a changing climate, the state must invest in building resiliency and strengthening adaptation efforts at the state, regional, and local levels using the best-available science. (b) A principle of the state’s adaptation strategy document, Safeguarding California, is to prioritize actions that not only reduce greenhouse gas emissions, but also help the state prepare for climate change impacts. Improved coordination, implementation, and integration of adaptation planning efforts and funding in the state’s climate policies can directly protect the state’s infrastructure, communities, environmental quality, public health, safety and security, natural resources, and economy from the unavoidable impacts of climate change for decades to come. (c) In order to have a cohesive and comprehensive response to climate change impacts, the state must have integrated planning with coordinated strategies across state, regional, and local governments and agencies. (d) The office is established as the comprehensive state planning agency that shall engage in the formulation, evaluation, and updating of long-range goals for factors that shape statewide development patterns and significantly influence the quality of the state’s environment, in addition to assisting state, regional, and local agencies in a variety of research and planning efforts, pursuant to Section 65040 of the Government Code. Therefore, the office is well-positioned to work with regional and local entities across the state, coordinating with state climate adaptation strategies. (e) It is the intent of the Legislature, therefore, that adaptation strategies to build resiliency to the risks and impacts from climate change be integrated in state policies, projects, and permitting processes, and that the office serve as a coordinating body for adaptation projects and goals across California. (Added by Stats. 2015, Ch. 606, Sec. 1. (SB 246) Effective January 1, 2016.)
  159. 71354.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. )

    Verify source ↗

    The Director of State Planning and Research must establish the Integrated Climate Adaptation and Resiliency Program by January 1, 2017, and the office administers it.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. ) ## 71354. The Integrated Climate Adaptation and Resiliency Program is hereby established to be administered by the office. No later than January 1, 2017, the Director of State Planning and Research shall establish the program to coordinate regional and local efforts with state climate adaptation strategies to adapt to the impacts of climate change with, to the extent feasible, an emphasis on climate equity considerations across sectors and regions and strategies that benefit both greenhouse gas emissions reductions and adaptation efforts, in order to facilitate the development of holistic, complimentary strategies for adapting to climate change impacts. In order to achieve these goals, the program shall include, but not be limited to, all of the following: (a) Working with and coordinating local and regional efforts for climate adaptation and resilience, including, but not limited to, the following: (1) Developing tools and guidance. (2) Promoting and coordinating state agency support for local and regional efforts. (3) Informing state-led programs, including state planning processes, grant programs, and guideline development, to better reflect the goals, efforts, and challenges faced by local and regional entities pursuing adaptation, preparedness, and resilience. This should occur through regular coordination between the office, the Climate Action Team, which was established by Executive Order S-3-05, the Strategic Growth Council, and other state agencies, including, but not limited to, the Office of Emergency Services, the California Environmental Protection Agency, the Natural Resources Agency, the Transportation Agency, the State Department of Public Health, and the Department of Food and Agriculture. (b) Assisting the Office of Emergency Services and other relevant state agencies with coordinating regular reviews and updates, as needed, to the Adaptation Planning Guide, pursuant to Section 71356, and maintaining a copy of the guide, or an electronic link to a copy of the guide posted, at a minimum, on the state’s Climate Change Portal and the office’s Internet Web site. (c) Coordinating and maintaining the state’s clearinghouse for climate adaptation information, pursuant to Section 71360. (d) Conducting regular meetings with the advisory council established pursuant to Section 71358 in order to have technical support, as well as expertise and advice from regional and local experts working in climate adaptation throughout the research and planning processes, as described in this section. (Added by Stats. 2015, Ch. 606, Sec. 1. (SB 246) Effective January 1, 2016.)
  160. 71356.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. )

    Verify source ↗

    The Office of Emergency Services must update the Adaptation Planning Guide after updates to the Safeguarding California Plan and hold public meetings in specified state regions while doing so.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. ) ## 71356. (a) Within one year of an update to the Safeguarding California Plan, the Office of Emergency Services, in coordination with the Natural Resources Agency, the office, and relevant public and private entities, shall review and update, as necessary, the Adaptation Planning Guide to provide tools and guidance to regional and local governments and agencies in creating and implementing climate adaptation and community resiliency plans and projects. An Adaptation Planning Guide update shall be informed by the climate adaptation clearinghouse established pursuant to Section 71360 and the scientific assessments and recommendations in the most recent update of the Safeguarding California Plan. An Adaptation Planning Guide update shall consider the nexus between climate adaptation, community resiliency, public safety, and security, provide information and planning support for assessing climate vulnerabilities across impact sectors and regions and developing adaptation strategies that can be tailored to meet local needs, and include, at a minimum, all of the following: (1) Guidance for coordinating adaptation planning activities among state and local governments and regional collaboratives. (2) Adaptation planning guidance and strategies for natural hazards exacerbated by climate change. (3) Guidance for conducting vulnerability assessments and identifying risk reduction strategies for communities. (4) Identification of climate impact regions and descriptions of climate impacts to be considered for each region. (5) Assistance with the interpretation of climate science as it relates to local and regional impacts. (b) As part of updating the Adaptation Planning Guide, the Office of Emergency Services, in consultation with the office and, as needed, with the advisory council created pursuant to Section 71358, shall hold public meetings in the northern, southern, and central regions of the state to obtain input from the public and leaders in local and regional climate preparedness. (Added by Stats. 2015, Ch. 606, Sec. 1. (SB 246) Effective January 1, 2016.)
  161. 71358.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. )

    Verify source ↗

    An advisory council to the office is established, must support the office’s climate-adaptation goals, must have members with relevant climate-change expertise, and must meet with the office as needed at least three times a year.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. ) ## 71358. (a) An advisory council to the office is hereby established. The advisory council shall be comprised of members from a range of disciplines, in order to provide scientific and technical support, and from regional and local governments and entities. The advisory council shall support the office’s goals, as identified in this part, to facilitate coordination among state, regional, and local agency efforts to adapt to the impacts of climate change. (b) Members of the advisory council shall have expertise in the intersection of climate change and areas that include, but need not be limited to, any of the following: (1) Public health. (2) Environmental quality. (3) Environmental justice. (4) Agriculture. (5) Transportation and housing. (6) Energy. (7) Natural resources and water. (8) Planning. (9) Recycling and waste management. (10) Local or regional government. (11) Tribal issues. (12) Emergency services and public safety. (c) The advisory council shall meet with the office as needed, but not less than three times a year. (Added by Stats. 2015, Ch. 606, Sec. 1. (SB 246) Effective January 1, 2016.)
  162. 71360.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. )

    Verify source ↗

    The office must coordinate to establish a climate adaptation information clearinghouse, and the clearinghouse must be kept regularly updated.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. ) ## 71360. (a) (1) The office shall coordinate with appropriate entities, including state, regional, or local agencies, to establish a clearinghouse for climate adaptation information for use by state, regional, and local entities. (2) The clearinghouse shall be a centralized source of information that provides available climate data to guide decisionmakers at state, regional, and local levels when planning for and implementing climate adaptation projects to promote resiliency to climate change. The clearinghouse may include, but is not limited to, any of the following: (A) A collection of the best-available resources that may include projections and models, vulnerability assessments, and downscaled data for climate change impacts throughout the state, when available, at statewide, regional, and local levels for both near-term and longer term timescales, including year 2050 and year 2100 projections. Climate change impacts may include, but are not limited to, impacts to public health, natural resources, environmental quality, and infrastructure. (B) Tools that allow for the visualization or identification of regional and local impacts across the state and that integrate best-available data on vulnerable populations and infrastructure. (C) A library of relevant white papers, case studies, research articles, and climate adaptation best practices that are searchable by relevance to region, locality, and sector. (D) Information concerning funding opportunities for adaptation research, planning, and projects. (E) Regionally prioritized best-practice adaptation projects that, as appropriate, integrate efforts to reduce greenhouse gas emissions across the state. (b) The clearinghouse shall be regularly updated. (Added by Stats. 2015, Ch. 606, Sec. 1. (SB 246) Effective January 1, 2016.)
  163. 71361.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. )

    Verify source ↗

    The office and the Natural Resources Agency must update the Extreme Heat Action Plan by July 1, 2026, and every three years after that, then post it on their websites and give it to specified legislative committees.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.5. Integrated Climate Adaptation and Resiliency Program [71350 - 71361] ( Part 4.5 added by Stats. 2015, Ch. 606, Sec. 1. ) ## 71361. (a) On or before July 1, 2026, and every three years thereafter, the office and the Natural Resources Agency, in consultation with relevant state agencies and to be integrated into the climate adaptation strategy developed pursuant to Section 71153, shall update the Extreme Heat Action Plan to promote comprehensive, coordinated, and effective state and local government action on extreme heat. Updates to the Extreme Heat Action Plan shall include all of the following: (1) Review of relevant actions and grants that state agencies have undertaken to mitigate extreme heat and implement the Extreme Heat Action Plan, including, but not limited to, an in-depth review of select programs and actions, including, but not limited to, the ICARP Extreme Heat and Community Resilience Grant Program, as described in Item 0650-101-0001 of the Budget Act of 2022, projects that use cool and reflective surfaces, and efforts to address extreme heat on California’s school campuses. (2) A description of the resources, budget allocations, expenditures, and staff dedicated to addressing extreme heat. (3) A review of state programs that address extreme heat to identify potential gaps or unmet needs in the state’s approach and that includes recommendations on ways to improve policies, programs, and interagency coordination. (4) Recommendations on additional measures to protect vulnerable populations, such as pupils and students, from the impacts of extreme heat, including, but not limited to, community cooling strategies. (b) The Extreme Heat Action Plan and subsequent updates shall be posted on the office’s and the Natural Resources Agency’s internet websites and, notwithstanding Section 10231.5 of the Government Code, shall be provided to the relevant policy and fiscal committees of the Legislature. (c) For purposes of this section, “Extreme Heat Action Plan” means the April 2022 plan entitled “Protecting Californians From Extreme Heat: A State Action Plan to Build Community Resilience.” (Added by Stats. 2023, Ch. 387, Sec. 2. (SB 306) Effective January 1, 2024.)
  164. 71365.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.7. Forest and Watershed Restoration [71365- 71365.] ( Part 4.7 added by Stats. 2018, Ch. 638, Sec. 5. )

    Verify source ↗

    The Natural Resources Agency and the California Environmental Protection Agency may jointly prepare and submit a forest and watershed restoration plan, and may also propose a pilot permitting project. The Headwaters Restoration Account is created in the General Fund, and funds may be deposited and used only with legislative appropriation.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 4.7. Forest and Watershed Restoration [71365- 71365.] ( Part 4.7 added by Stats. 2018, Ch. 638, Sec. 5. ) ## 71365. (a) (1) To advance the goals of Item 0540-101-3228 of Section 2.00 of the Budget Act of 2018, the Natural Resources Agency and the California Environmental Protection Agency may jointly develop and submit to the Legislature, in compliance with Section 9795 of the Government Code, a plan for forest and watershed restoration investments for the drainages that supply the Oroville, Shasta, and Trinity Reservoirs. (2) The spatially explicit plan authorized under paragraph (1) is intended to establish a comprehensive understanding of restoration needs and prioritize investment opportunities that will improve watershed function and resilience, water quality and supply reliability, forest carbon stores, wildlife habitat, and climate adaptation. (b) Those agencies may jointly develop and propose to the relevant policy committees of the Legislature a pilot project for the coordinated, multiagency permitting of watershed restoration activities in the watersheds described in subdivision (a), as outlined in subdivision (c) of Section 108.5 of the Water Code. (c) The Headwaters Restoration Account is hereby established in the General Fund. Funds may be deposited into the account and used, upon appropriation by the Legislature, for the purposes of this section. (Added by Stats. 2018, Ch. 638, Sec. 5. (AB 2551) Effective January 1, 2019.)
  165. 714.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The department must provide fire protection and related equipment, maintain staff and facilities, and enforce specified forest and fire laws.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 714. The department is responsible for all of the following: (a) Providing fire protection, fire prevention, pest control, and forest and range protection and enhancement implements and apparatus as necessary. (b) Maintaining an integrated staff to accomplish fire protection, fire prevention, pest control, and forest and range protection and enhancement activities as needed. (c) Establishing and maintaining facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities. (d) Enforcing forest and fire laws, the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511), Part 2, Division 4), and other laws specified in Division 4 (commencing with Section 4001). (Added by Stats. 1987, Ch. 411, Sec. 4.)
  166. 71400.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 5. URBAN HEAT ISLAND EFFECT [71400- 71400.] ( Part 5 added by Stats. 2012, Ch. 667, Sec. 3. )

    Verify source ↗

    The California Environmental Protection Agency and the Department of Transportation must develop heat-reduction measures for the urban heat island effect, including a definition, strategies, and a pavement specification.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 5. URBAN HEAT ISLAND EFFECT [71400- 71400.] ( Part 5 added by Stats. 2012, Ch. 667, Sec. 3. ) ## 71400. (a) It is the intent of the Legislature that all of the following shall occur: (1) The California Environmental Protection Agency shall work with its partners on the Climate Action Team to develop heat reduction strategies that include urban forestry, cool roofs, and sustainable or cool pavements. (2) The California Environmental Protection Agency shall develop a definition for the urban heat island effect. The definition shall include the extent and severity of an urban heat island effect index for California cities such that the cities can have a quantifiable goal for heat reduction. (3) In support of this effort, the Department of Transportation shall work with the California Environmental Protection Agency and other stakeholders on sustainable or cool pavement technologies and research. (b) Upon completion of a definition for an urban heat island effect index, the Department of Transportation shall develop a standard specification for sustainable or cool pavements that can be used to reduce the urban heat island effect index. (Added by Stats. 2012, Ch. 667, Sec. 3. (AB 296) Effective January 1, 2013.)
  167. 71410.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 5.5. Extreme Heat [71410- 71410.] ( Part 5.5 added by Stats. 2022, Ch. 264, Sec. 2. )

    Verify source ↗

    This section defines key terms and requires state agencies to create, review, update, and share an extreme heat ranking system and related guidance.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 5.5. Extreme Heat [71410- 71410.] ( Part 5.5 added by Stats. 2022, Ch. 264, Sec. 2. ) ## 71410. (a) For purposes of this part, the following definitions apply: (1) “Agency” means the California Environmental Protection Agency. (2) “Disadvantaged community” means a community identified pursuant to Section 39711 of the Health and Safety Code. (3) “Extreme heat” means increasing temperatures or other meteorological conditions that could result in any of the following: (A) Extreme heat wave. (B) Heat health event. (C) Heat watch, warning, or advisory from the National Weather Service, the Office of Emergency Services, or a county health officer. (D) A proclamation of a state of emergency by the Governor pursuant to Section 8625 of the Government Code. (4) “ICARP” means the Integrated Climate Adaptation and Resiliency Program, established pursuant to Section 71354, at the Office of Planning and Research. (5) “Vulnerable community” has the same meaning as defined in subdivision (d) of Section 71340. (b) On or before January 1, 2025, the agency, in coordination with the ICARP, the State Department of Public Health, and the Department of Insurance, shall develop a statewide extreme heat ranking system to be based upon, but not limited to, all of the following: (1) Available meteorological data from government and academic sources, including maximum temperature, minimum temperature, and duration of extreme heat events. (2) Information and data on health impacts of heat established through best available science or data from past heat and extreme heat events, including available mortality and morbidity information. (3) Measures of extreme heat severity, including the severity of the outcome of extreme heat on human health. (4) Locally relevant information, such as urban heat island effects, or cooling effects from urban tree canopies or other cooling measures. (5) Comments and suggestions obtained from public input received at a minimum of one public workshop, as appropriate. (c) The statewide extreme heat ranking system shall include all of the following: (1) Recommendations on thresholds or triggers for public policies that reduce the risk of extreme heat impacts and prioritize reducing the impacts of extreme heat to human health. (2) Recommendations for metrics to measure the short-term and long-term impacts of extreme heat on human health. (3) A consideration of the information reported by the Department of Insurance, including the results of the study prepared pursuant to subdivision (f). (d) The statewide extreme heat ranking system shall be adaptable for use at locally relevant scales. (e) After the statewide extreme heat ranking system is finalized, the ICARP shall do all of the following: (1) Develop, in consultation with the Office of Emergency Services, the State Department of Public Health, the Department of Insurance, and other state agencies, and with input from local governments, local health departments, tribal organizations, labor organizations, environmental organizations, and community groups from disadvantaged and vulnerable communities, a public communication plan for the statewide extreme heat ranking system with a focus on strategies that target communications to populations that are most at risk of public health and emergency impacts from extreme heat events, including, but not limited to, the most vulnerable populations. The communication plan shall include both of the following: (A) Outreach plans for reaching diverse and vulnerable populations. (B) Recommendations for targeted communications by local governments that include the use of culturally appropriate materials translated into multiple languages based on the common languages spoken in the locality. (2) Recommend partnerships with local health departments and local and tribal governments, and develop statewide guidance for local and tribal governments in the preparation and planning for extreme heat events. (3) Review the extreme heat ranking system and, in consultation with the State Department of Public Health, recommend to local governments specific and locally relevant heat adaptation, preparedness, and resilience measures that could be linked to the statewide extreme heat ranking system and identify how the statewide extreme heat ranking system aligns with additional extreme heat adaptation policies pursuant to Section 71354. (f) The Department of Insurance shall develop a study that does all of the following: (1) Identifies past extreme heat events with differing duration, maximum temperature, humidity, and measurable health impacts. (2) Examines the past extreme heat events identified pursuant to paragraph (1) to determine uninsured and insured economic costs, the insurance gaps among racial and socioeconomic groups that face disproportionate impacts from extreme heat, and the effectiveness of insurance coverages, including among different types of insurance policies and their costs and payouts, to prevent losses or help communities plan public health initiatives related to combating the effects of extreme heat. (3) Identifies insurance options that will support the specific adaptation, preparedness, and resilience measures developed pursuant to paragraph (3) of subdivision (e). (4) Draws information from local and regional heat mitigation plans and initiatives. (5) Incorporates local input to identify local heat risks that are or have historically been uninsured and determine the barriers encountered by local governments that are trying to use insurance or other financing tools, including, but not limited to, heat-index-triggered parametric insurance, catastrophe bonds, and resilience bonds, to fund or support heat risk mitigation or adaptation strategies. (6) Includes recommendations for overcoming the barriers identified pursuant to paragraph (5) and details key elements of potential model local heat risk transfer mechanisms. (g) On or before July 1, 2024, the Department of Insurance shall transmit the results of the study prepared pursuant to subdivision (f) to the agency, the ICARP, and the legislative policy committees with jurisdiction over natural resources, environmental quality, insurance, and the budget, and shall post the study on its internet website. (h) The requirement for submitting a study imposed under subdivision (g) is inoperative on January 1, 2028, pursuant to Section 10231.5 of the Government Code. (i) The agency, in coordination with the ICARP, the State Department of Public Health, and the Department of Insurance, shall periodically review and update the extreme heat ranking system, as appropriate. (Added by Stats. 2022, Ch. 264, Sec. 2. (AB 2238) Effective January 1, 2023.)
  168. 71420.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 6. Water-Energy Nexus Registry [71420 - 71424] ( Part 6 added by Stats. 2016, Ch. 596, Sec. 1. )

    Verify source ↗

    This section defines three terms used in the part: “Agency,” “The Climate Registry,” and “Registry.”

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 6. Water-Energy Nexus Registry [71420 - 71424] ( Part 6 added by Stats. 2016, Ch. 596, Sec. 1. ) ## 71420. For purposes of this part, the following terms have the following meanings: (a) “Agency” means the California Environmental Protection Agency. (b) “The Climate Registry” means the nonprofit organization that is a successor to the California Climate Action Registry (former Chapter 6 (commencing with Section 42800) of Part 4 of Division 26 of the Health and Safety Code, as added by Section 1 of Chapter 1018 of the Statutes of 2000). (c) “Registry” means the water-energy nexus registry developed pursuant to this part. (Added by Stats. 2016, Ch. 596, Sec. 1. (SB 1425) Effective January 1, 2017.)
  169. 71422.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 6. Water-Energy Nexus Registry [71420 - 71424] ( Part 6 added by Stats. 2016, Ch. 596, Sec. 1. )

    Verify source ↗

    The agency must oversee development of a greenhouse-gas registry for the water-energy nexus, using best-available data. Participation is voluntary, eligible entities may register emissions and use the registry, and the agency may contract with a qualified nonprofit to help build and operate registry-related functions.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 6. Water-Energy Nexus Registry [71420 - 71424] ( Part 6 added by Stats. 2016, Ch. 596, Sec. 1. ) ## 71422. (a) (1) The agency shall oversee the development of a registry for greenhouse gas emissions that result from the water-energy nexus using the best-available data. (2) Participation in the registry shall be voluntary and open to any entity conducting business in the state. A participating entity may register its emissions, including emissions generated outside of the state, on an entitywide basis and may utilize the services of the registry. (b) The agency may enter into a contract with a qualified nonprofit organization to do all of the following: (1) Develop, in consultation with the agency and other relevant state agencies, the registry through a public stakeholder process, as determined by the agency. In developing the registry, the chosen qualified nonprofit organization shall consider greenhouse gas emissions accounting methodologies developed as part of programs authorized pursuant to the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code). (2) Help participating entities in the state to establish emissions baselines. (3) Encourage voluntary actions to increase water and energy efficiency measures to reduce the greenhouse gas intensity of the state’s water system. (4) Enable participating entities to record voluntary entitywide greenhouse gas emissions reductions in a consistent format that is supported by third-party verification. (5) Recognize, publicize, and promote participating entities making voluntary reductions of greenhouse gas emissions. (6) Recruit broad participation in the registry from all economic sectors and regions of the state. (7) Facilitate streamlined data reporting for relevant entities already reporting to the Climate Registry as part of its voluntary corporate greenhouse gas emissions reporting program. (c) (1) The contract authorized pursuant to subdivision (b) shall be limited to a term of three years. (2) Notwithstanding paragraph (1), the term of the contract may be extended for one year upon the agreement of both parties to the contract. (Added by Stats. 2016, Ch. 596, Sec. 1. (SB 1425) Effective January 1, 2017.)
  170. 71424.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 6. Water-Energy Nexus Registry [71420 - 71424] ( Part 6 added by Stats. 2016, Ch. 596, Sec. 1. )

    Verify source ↗

    Entities participating in the registry may qualify for financing opportunities that provide incentives to reduce greenhouse gas emissions.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 6. Water-Energy Nexus Registry [71420 - 71424] ( Part 6 added by Stats. 2016, Ch. 596, Sec. 1. ) ## 71424. Pursuant to Section 39712 of the Health and Safety Code, entities participating in the registry may qualify for financing opportunities that provide incentives to reduce greenhouse gas emissions. (Added by Stats. 2016, Ch. 596, Sec. 1. (SB 1425) Effective January 1, 2017.)
  171. 71450.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 7. BIODIVERSITY [71450 - 71453] ( Part 7 added by Stats. 2022, Ch. 349, Sec. 2. )

    Verify source ↗

    This section defines the “30x30 goal” and a related report, and states the state’s goal to conserve at least 30% of California’s lands and coastal waters by 2030.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 7. BIODIVERSITY [71450 - 71453] ( Part 7 added by Stats. 2022, Ch. 349, Sec. 2. ) ## 71450. (a) For the purposes of this part, the following definitions apply: (1) “30x30 goal” means the goal to conserve 30 percent of California’s lands and coastal waters by 2030 established in subdivision (b) and by Executive Order No. N-82-20. (2) “Pathways to 30x30 Report” means the report entitled “Pathways to 30x30 California: Accelerating Conservation of California’s Nature” that was issued by the Natural Resources Agency on April 22, 2022. (b) It is the goal of the state to conserve at least 30 percent of California’s lands and coastal waters by 2030. (Amended by Stats. 2023, Ch. 392, Sec. 1. (SB 337) Effective January 1, 2024.)
  172. 71451.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 7. BIODIVERSITY [71450 - 71453] ( Part 7 added by Stats. 2022, Ch. 349, Sec. 2. )

    Verify source ↗

    The Natural Resources Agency must prioritize listed actions to help implement the 30x30 goal.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 7. BIODIVERSITY [71450 - 71453] ( Part 7 added by Stats. 2022, Ch. 349, Sec. 2. ) ## 71451. In implementing the 10 pathways and specific near-term priority actions described in the Pathways to 30x30 Report to achieve the 30x30 goal, the Natural Resources Agency shall prioritize the following actions: (a) Creating and facilitating the 30x30 Partnership, which includes the Ocean Protection Council, 30x30 Coordinating Committee, California Biodiversity Council, and California Biodiversity Network. (b) Conducting public outreach to engage historically marginalized communities in the planning and implementation of the 30x30 goal. (c) Identifying and promoting regional 30x30 goal efforts, including efforts that enhance equitable public access to nature. (d) Supporting tribal engagement and leadership in implementing the 30x30 goal. (e) Enhancing coordination between state, local, and federal agencies and departments to ensure that relevant state programs and actions are complementary to, and assist achieving, the 30x30 goal. (f) Partnering with federal agencies to leverage strategic funding and resources in achieving the 30x30 goal. (g) Promoting and supporting partnering state agencies and departments that acquire and steward state land, including, but not limited to, the Department of Parks and Recreation, in the acquisition of new state land and responsible stewardship of state land, as feasible. (Amended by Stats. 2024, Ch. 716, Sec. 2. (AB 2440) Effective January 1, 2025.)
  173. 71452.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 7. BIODIVERSITY [71450 - 71453] ( Part 7 added by Stats. 2022, Ch. 349, Sec. 2. )

    Verify source ↗

    The Secretary of the Natural Resources Agency must submit an annual report to the Legislature on progress toward the 30x30 goal, starting by March 31, 2024.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 7. BIODIVERSITY [71450 - 71453] ( Part 7 added by Stats. 2022, Ch. 349, Sec. 2. ) ## 71452. (a) Notwithstanding Section 10231.5 of the Government Code, the Secretary of the Natural Resources Agency shall prepare and submit, on or before March 31, 2024, and annually thereafter, a report to the Legislature on the progress made in the prior calendar year toward achieving the 30x30 goal. The report shall include, but is not limited to, all of the following information: (1) The number of acres conserved in the prior calendar year and the number of acres remaining that need to be conserved to meet the 30x30 goal, including information on how that goal is conserving California’s imperiled biodiversity. (2) A summary of the progress made in the prior calendar year to advance toward the 30x30 goal and the near-term priority actions identified in the Pathways to 30x30 Report. (3) How and where state funding that was expended in the prior calendar year was used in furtherance of the 30x30 goal, including the amount of funding expended by each partnering state agency and department for land and water conservation, science and research, public outreach and engagement, and managing, monitoring, and restoring conserved lands and water. (4) The progress made by the 30x30 Partnership in the prior calendar year, including by the 30x30 Coordinating Committee, California Biodiversity Council, and California Biodiversity Network. (5) The status of, and progress made by, CA Nature, which is the suite of interactive mapping and visualization tools developed pursuant to the 30x30 goal, and other scientific research or tools developed in the prior calendar year to support the 30x30 goal. (6) The coordination between local, state, and federal agencies in support of the 30x30 goal. (7) The progress made in the prior calendar year to address equity as part of the 30x30 goal, including state funding invested in community engagement, planning, acquisition and restoration, equitable outdoor access, and expenditures for efforts by tribes or community-based groups. (8) Identified barriers to implementing the 30x30 goal and recommended actions taken or needed to address those barriers. (9) Interim benchmarks for the next calendar year to help meet the 30x30 goal and specific actions to implement the 30x30 goal. (b) A report to be submitted pursuant to this section shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2024, Ch. 716, Sec. 3. (AB 2440) Effective January 1, 2025.)
  174. 71453.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 7. BIODIVERSITY [71450 - 71453] ( Part 7 added by Stats. 2022, Ch. 349, Sec. 2. )

    Verify source ↗

    The Natural Resources Agency must develop stewardship strategies, work with stakeholders and tribes on a 2027 report section, may use certain existing datasets to estimate needs, and post the update on its website.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 7. BIODIVERSITY [71450 - 71453] ( Part 7 added by Stats. 2022, Ch. 349, Sec. 2. ) ## 71453. (a) The Natural Resources Agency shall develop strategies to reduce barriers and increase support for stewardship of conserved lands in order to further the findings from the Pathways to 30x30 Report, which provided that designating an area as conserved is only the beginning of effective conservation and that protected areas require ongoing stewardship and monitoring. (b) The Natural Resources Agency shall collaborate with stakeholders, California Native American tribes, and relevant state agencies to prepare a section on stewardship as part of the 2027 annual report required pursuant to Section 71452 that shall include, but not be limited to, all of the following information: (1) An estimate of backlogged, critical, recurring, and future stewardship needs throughout the state with associated costs. The Natural Resources Agency may use datasets, that are in existence on or before March 31, 2027, from federal, state, and local governments, California Native American tribes, private entities, and tribal landowners and managers to complete this estimate. (2) Case studies of effective stewardship. (3) A review of stewardship best practices for conserved lands that includes, but is not limited to, new technology and innovative practices that improve outcomes and cost-effectiveness. (4) A valuation of the benefits of stewardship on biodiversity and ecosystem services. (5) Identification of the ecological workforce needs for stewardship and opportunities to support workforce training. (6) A review of the cobenefits of stewardship that includes, but is not limited to, recreation and public access, the provision of habitat and resources for wildlife, carbon sequestration, water and air purification, and climate regulation. (7) Recommendations to increase and improve stewardship of 30x30 lands, including innovative ways to reduce barriers and increase federal, state, and local support for stewardship. (8) Recommendations to increase ancestral land return. (9) Recommendations to increase consultation and partnership with California Native American tribes and tribal cultural practitioners throughout the state, including, but not limited to, support for tribal stewardship activities, traditional ecological knowledge, and cultural practices. (c) The update required pursuant to subdivision (b) shall be posted on the Natural Resources Agency’s internet website. (d) For purposes of this section, “stewardship” includes, but is not limited to, science-based management, adaptive management, traditional ecological knowledge, and best land management practices across all land types. (Added by Stats. 2025, Ch. 385, Sec. 1. (AB 900) Effective January 1, 2026.)
  175. 71460.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. )

    Verify source ↗

    This section defines terms used in Part 8 on carbon dioxide capture, removal, or sequestration projects.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. ) ## 71460. For purposes of this part, the following definitions apply: (a) “Carbon dioxide capture, removal, or sequestration project” means a carbon dioxide capture project, a carbon dioxide removal project, or a sequestration project that seeks to provide for the long-term isolation or utilization of the carbon dioxide from the atmosphere through storage in a geologic formation. (b) “Carbon dioxide capture, removal, or sequestration project operator” means a person owning or operating a carbon dioxide capture, removal, or sequestration project. (c) “Geologic storage complex” means one or more geologic storage reservoirs and any associated facilities or infrastructure necessary to convey, inject, or store carbon dioxide streams at the site of a geologic storage reservoir. (d) “Geologic storage reservoir” means a portion of a sedimentary geologic stratum or formation containing pore spaces, including depleted oil and gas reservoirs and saline formations, that is suitable for injection and permanent storage of carbon dioxide in the state. (e) “Secretary” means the Secretary of the Natural Resources Agency. (f) “State board” means the State Air Resources Board. (Added by Stats. 2022, Ch. 359, Sec. 5. (SB 905) Effective January 1, 2023.)
  176. 71461.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. )

    Verify source ↗

    The secretary must publish a framework for certain carbon dioxide storage agreements by July 1, 2025, after consulting the state board.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. ) ## 71461. (a) On or before July 1, 2025, the secretary, in consultation with the state board, shall publish a framework for governing agreements regarding two or more tracts of land overlying the same geologic storage reservoir or reservoirs for purposes of managing, developing, and operating a carbon dioxide capture, removal, or sequestration project. The framework shall include recommended requirements for the submission of these agreements to, and the review, approval, or denial of these agreements by, an authorized state agency, and shall include, but not be limited to, all of the following: (1) Identification of the appropriate state agency for submission, review, and approval or denial of the agreements, including any legal authorization or delegation necessary. (2) A requirement that agreement proponents own title to at least an undivided three-fourths of the total interests subject to the proposed agreement. (3) Standards to determine fair and reasonable compensation for owners of surface, mineral, and subsurface rights whose use of their property will be infringed upon by the geologic storage reservoir. (4) A requirement to make a good faith offer of compensation by project proponents to the owners of surface, mineral, and subsurface rights before submission of an agreement. (5) Standards for the provision of surface site access, to the extent reasonably necessary for postinjection monitoring. (6) Standards for the allocation of liability related to the geologic storage reservoir, and associated injection wells, including, but not limited to, standards regarding the liability of a surface landowner who has sold or leased all interests in the geologic storage reservoir to a carbon dioxide capture, removal, or sequestration project operator. (7) Standards for imposing sufficient financial responsibility requirements on carbon dioxide capture, removal, or sequestration project operators, including, but not limited to, the short-term costs of corrective actions, the cost of any liability associated with damage to drinking water supplies or seismic activity triggered by the geologic storage reservoir or damage to public and environmental health and safety, and long-term costs associated with well plugging and abandonment, ongoing site care and monitoring, and site closure of the geologic storage reservoir. (8) Standards for allocating royalty payments associated with the leasing of a geologic storage reservoir. (9) Any other requirements necessary to comply with state or federal legal or constitutional standards. (b) In developing the framework required pursuant to subdivision (a), the secretary shall consult with appropriate state agencies, including, but not limited to, the Attorney General, the Department of Conservation, the Geologic Energy Management Division, the California Geological Survey, the State Lands Commission, the state board, and the State Energy Resources Conservation and Development Commission, as well as industry and legal experts, regarding applicable legal standards. The secretary shall also review other states’ legal standards applicable to carbon dioxide capture, removal, or sequestration projects. (c) Before publishing the framework pursuant to subdivision (a), the secretary shall provide no less than 90 days for public comment on the framework. The secretary shall consider all comments received during this public comment period in developing the framework. (Added by Stats. 2022, Ch. 359, Sec. 5. (SB 905) Effective January 1, 2023.)
  177. 71462.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. )

    Verify source ↗

    This section sets rules for title, transfers, notice, recording, liability, and the temporary life of carbon dioxide storage reservoir rights.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. ) ## 71462. (a) Title to any geologic storage reservoir is vested in the owner of the overlying surface estate unless it has been severed and separately conveyed. (b) A conveyance of the surface ownership of real property shall be a conveyance of any geologic storage reservoir below the surface of the real property unless the ownership interest in the geologic storage reservoir previously has been severed from the surface ownership or is explicitly excluded in the conveyance. The ownership of a geologic storage reservoir may be conveyed in the manner provided by law for the transfer of mineral interests in real property. No agreement or instrument conveying a mineral or other interest underlying the surface shall act to convey ownership of a geologic storage reservoir unless the agreement explicitly conveys that ownership interest. (c) (1) An instrument that transfers the rights to a geologic storage reservoir under this section shall include all of the following: (A) A description of the scope of any right of the owner of the geologic storage reservoir to use the surface estate. (B) A general description of the potential location of the geologic storage reservoir, including a subsurface geologic or seismic survey or a metes and bounds description of the surface overlying the geologic storage reservoir and any depths or portions of the subsurface that are excluded from the geologic storage reservoir being transferred. (C) An allocation of legal liability from the overlying surface estate owner to the geologic storage reservoir owner consistent with the standards developed in accordance with paragraph (6) of subdivision (a) of Section 71461. (2) The owner of a geologic storage reservoir right shall have no right to use the surface estate beyond that set out in a properly recorded instrument. (d) Not less than 60 days before commencing development of a carbon dioxide capture, removal, and sequestration project, the carbon dioxide capture, removal, or sequestration project operator shall provide written notice of the project to each owner of a surface, subsurface, or storage reservoir estate that is adjacent to a geologic storage complex or a geologic storage reservoir that is included in the project. (e) Each carbon dioxide capture, removal, or sequestration project operator shall record a notation on the deed to the property, or deeds to the properties, where the geologic storage complex or geologic storage reservoir is located, or any other document that is normally examined during a title search, that will notify a potential purchaser of the property, or properties, that the property has, or properties have, been used to sequester carbon dioxide, the volume of carbon dioxide sequestered, the injection zone or zones into which the carbon dioxide was injected, and the dates during which injection occurred. (f) A carbon dioxide capture, removal, or sequestration project operator shall be liable for any damages caused by the operation of the carbon dioxide capture, removal, or sequestration project. (g) Nothing in this section shall alter, amend, diminish, or invalidate a right to the use of a geologic storage reservoir that was acquired by contract or lease before the effective date of this part. (h) This section is enacted for the limited purpose of facilitating the development of carbon dioxide capture, removal, or sequestration projects. (i) (1) This section shall remain operative only until January 1, 2033, or until seven years after the date that the state board adopts regulations pursuant to Section 39741.1. of the Health and Safety Code, whichever is sooner. (2) This section is repealed on January 1 following the date the section becomes inoperative pursuant to paragraph (1). (Added by Stats. 2022, Ch. 359, Sec. 5. (SB 905) Effective January 1, 2023. Conditionally inoperative on date prescribed by its own provisions. Repealed on January 1 following the inoperative date.)
  178. 71463.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. )

    Verify source ↗

    The State Geologist must report seismic activity or carbon dioxide leakage to the state board. The state board may require operational changes, including a mandatory pause, if monitoring shows increased seismicity or leakage outside the geologic storage reservoir.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. ) ## 71463. The State Geologist shall report seismic activity or leakage of carbon dioxide from a carbon dioxide capture, removal, or sequestration project to the state board and may recommend changes in the operations of the project to the state board. The state board may require changes in operations of a carbon dioxide capture, removal, or sequestration project to ensure public and environmental health and safety, including, but not limited to, a mandatory pause in operation, if the monitoring and reporting detects increased seismicity or carbon dioxide leakage outside of the geologic storage reservoir. (Added by Stats. 2022, Ch. 359, Sec. 5. (SB 905) Effective January 1, 2023.)
  179. 71464.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. )

    Verify source ↗

    A carbon dioxide capture, removal, or sequestration project operator must keep financial responsibility, prove certain drilling or extraction restrictions, prepare and submit an air monitoring and mitigation plan, avoid significant pollution impacts, comply with related Health and Safety Code rules, and provide mitigation if on-site air pollution avoidance is not feasible.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. ) ## 71464. A carbon dioxide capture, removal, or sequestration project operator shall do all of the following: (a) Maintain financial responsibility for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than 100 years after the last date of injection of carbon dioxide into a geologic storage reservoir. The operator shall demonstrate financial responsibility by submitting a plan to the state board to cover the short- and long-term costs associated with corrective action, well plugging and abandonment, geologic storage reservoir monitoring, site care and site closure, emergency and remedial response, liability associated with seismic activity triggered by the reservoir, or loss of carbon dioxide containment by the geologic storage reservoir, and protection of drinking water quality and public and environmental health and safety through financial responsibility instruments as determined by the state board pursuant to Section 39741.5 of the Health and Safety Code, which may include, but is not limited to, bonds. (b) Show proof to the state board that there is binding agreement among relevant parties that drilling or extraction that may penetrate the geologic storage reservoir are prohibited to ensure public and environmental health and safety for a period of time that is sufficiently long enough to demonstrate that the risk of carbon dioxide leakage poses no material threat to public health, safety, and the environment and to achievement of net zero greenhouse gas emissions in California and that terminates no earlier than 100 years after the last date of injection of carbon dioxide into a geologic storage reservoir. (c) Create an air monitoring and mitigation plan to measure, track, and minimize potential toxic air contaminants and criteria air pollutants from the site of the carbon dioxide capture, removal, or sequestration project and submit the plan to the state board. (d) Avoid any significant impact on residents in communities affected by a high-cumulative exposure burden caused by a potential net-increase in air, water, and soil pollution emanating from the site of the carbon dioxide capture, removal, or sequestration project in accordance with all applicable local, state, and federal laws and requirements, including requirements to use best available control technology, as defined in Section 40405 of the Health and Safety Code. (e) Comply with Section 39741.1 of the Health and Safety Code and the regulations adopted by the state board pursuant to that section. (f) Where avoidance of increased air pollution on site from such a project is not feasible, invest in mitigation in the community location adjacent to where the carbon dioxide capture, removal, or sequestration project is located which would be exposed to or impacted by any potential increased air pollution if mitigation measures are required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) for the project to address significant impacts in local air pollution. (Added by Stats. 2022, Ch. 359, Sec. 5. (SB 905) Effective January 1, 2023.)
  180. 71465.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. )

    Verify source ↗

    Carbon dioxide may be transported in certain pipelines only after federal or state safety prerequisites are met, and the project operator shows the pipeline meets the required standards.

    ## Public Resources Code - PRC ## DIVISION 34. ENVIRONMENTAL PROTECTION [71000 - 71465] ( Heading of Division 34 amended by Stats. 1994, Ch. 1112, Sec. 2. ) ## PART 8. Carbon Dioxide Capture, Removal, or Sequestration Projects [71460 - 71465] ( Part 8 added by Stats. 2022, Ch. 359, Sec. 5. ) ## 71465. (a) (1) An interstate pipeline subject to Part 195 (commencing with Section 195.0) of Title 49 of the Code of Federal Regulations shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the federal Pipeline and Hazardous Materials Safety Administration has concluded the rulemaking (RIN 2137-AF60) regarding minimum federal safety standards for transportation of carbon dioxide by pipeline (Parts 190 to 199, inclusive, of Title 49 of the Code of Federal Regulations) and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets those standards. (2) A pipeline, as defined in Section 51010.5 of the Government Code, shall be used to transport carbon dioxide to or from a carbon dioxide capture, removal, or sequestration project only after the State Fire Marshal adopts regulations pursuant to Section 51011.5 of the Government Code and the carbon dioxide capture, removal, or sequestration project operator demonstrates that the pipeline meets the standards in those regulations. This section shall not apply to carbon captured at a permitted facility and transported within that facility or property. (b) The Natural Resources Agency, in consultation with the Public Utilities Commission, shall, no later than February 1, 2023, provide a proposal to the Legislature to establish a state framework and standards for the design, operation, siting, and maintenance of intrastate pipelines carrying carbon dioxide fluids of varying composition and phase to minimize the risk posed to public and environmental health and safety. The recommended framework shall be designed to minimize risk to public health and environmental health and safety, to the extent feasible. (Amended by Stats. 2025, Ch. 529, Sec. 12. (SB 614) Effective January 1, 2026.)
  181. 715.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The Department of Forestry and Fire Protection must work with the Office of Emergency Services to develop a program that certifies active duty military pilots for firefighting in the state.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 715. The Department of Forestry and Fire Protection, in cooperation with the Office of Emergency Services, shall develop a program to certify active duty military pilots to engage in firefighting in the state. (Amended by Stats. 2013, Ch. 352, Sec. 473. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  182. 71500.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [71500- 71500.] ( Chapter 1 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The Legislature states that California should protect and improve its marine resources and create an endowment to provide stable, ongoing funding for that purpose.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 1. Findings and Declarations [71500- 71500.] ( Chapter 1 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71500. (a) The Legislature hereby finds and declares all of the following: (1) The Pacific Ocean and its rich marine living resources are of great environmental, economic, aesthetic, recreational, educational, scientific, social, cultural, and historic importance to the people of California. (2) California’s marine living resources depend on a healthy marine environment, which comprises open coastal waters as well as coastal estuaries, wetlands, rivers and streams, and lands within the coastal zone. (3) Overfishing, coastal pollution, and other unsustainable marine activities have damaged marine fisheries, habitats, and ecosystems. Programs are needed to conserve, protect, restore, and enhance the marine resources of the state and to improve the environmental sustainability of marine-related activities and encourage those activities that are environmentally sustainable. These programs should be focused on, and coordinated with, efforts to reduce overfishing and coastal pollution and to support sustainable marine activities and improve the sustainability of all marine activities. (4) The State of California recognizes the need to formulate its coastal and ocean resource management policies based on the best readily available scientific information and should utilize the University of California, the California State University, other institutions of higher learning, and marine science research institutions to the extent feasible to assist it in achieving that goal. (5) The California Ocean Resources Management Act of 1990 is designed to ensure that the state’s ocean resources are managed, conserved, and enhanced in a comprehensive and coordinated manner. The California Ocean Protection Act furthered that mission by establishing the Ocean Protection Council, whose duties include coordination of state activities to protect coastal waters and ocean ecosystems, establishment of a science advisory team of distinguished scientists from a range of disciplines related to coastal and ocean resources, and contracting with the California Ocean Science Trust and other academic and nonprofit organizations to carry out scientific and educational activities consistent with that act. (6) The ability of the state to carry out the mission of the California Ocean Protection Act is constrained by the availability of funds appropriated in the state budget. (7) It is in the interest of the people of the state to establish an endowment, which would be independent of the state’s budget process and would impose no cost on the General Fund of the state, to provide a stable and ongoing source of funding in perpetuity to conserve, protect, restore, and enhance the marine resources of the state in a manner that is consistent with the California Ocean Protection Act. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011. Note: Section 71275 is located in Division 34, Part 3.8, which follows Section 71155. Sections 71300 through 71424 are located in Division 34, Parts 4 through 6.)
  183. 71520.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 2. Definitions [71520- 71520.] ( Chapter 2 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    This section defines terms used in the division, including the Board, the Endowment, the EEZ, nonprofit organization, open coastal marine resource, and open coastal waters.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 2. Definitions [71520- 71520.] ( Chapter 2 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71520. Unless the context requires otherwise, the following definitions govern the construction of this division: (a) “Board” or “endowment board” means the Board of Directors of the California Endowment for Marine Preservation. (b) “Endowment” means the California Endowment for Marine Preservation. (c) “Exclusive economic zone (EEZ)” means the zone as measured from the mean high tide line seaward to 200 nautical miles as set forth in the Presidential Proclamation 5030 of March 10, 1983, in which the United States proclaimed jurisdiction over the resources of the ocean within 200 miles of the coastline. (d) “Nonprofit organization” means any nonprofit corporation qualified to do business in California, and qualified under Section 501(c)(3) of the Internal Revenue Code. (e) “Open coastal marine resource” means those marine resources that use open coastal waters as their habitat. (f) “Open coastal waters” means the area composed of the submerged lands of the state that are below the mean lower low water extending seaward to the boundaries of the exclusive economic zone. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  184. 71530.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 3. Establishment and Governance [71530 - 71534] ( Chapter 3 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The California Endowment for Marine Preservation is established and must operate under this division and the Nonprofit Public Benefit Corporation Law, with this division controlling if there is a conflict.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 3. Establishment and Governance [71530 - 71534] ( Chapter 3 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71530. The California Endowment for Marine Preservation is hereby established. The endowment is subject to this division and to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). If there is a conflict between this division and the Nonprofit Public Benefit Corporation Law, this division shall prevail. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  185. 71531.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 3. Establishment and Governance [71530 - 71534] ( Chapter 3 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The California Endowment for Marine Preservation is governed by a board of directors made up of specified state officials and appointed members of the public.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 3. Establishment and Governance [71530 - 71534] ( Chapter 3 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71531. The endowment is governed by the Board of Directors of the California Endowment for Marine Preservation, consisting of the following members: (a) The Secretary of the Natural Resources Agency. (b) The Secretary for Environmental Protection. (c) One member of the public appointed by the Governor. (d) One member, appointed by the Speaker of the Assembly, who shall be an expert in marine fisheries from the University of California, the California State University, or other accredited university. (e) One member, appointed by the Senate Committee on Rules, who shall be from a nonprofit public interest organization with an emphasis on marine conservation or sustainable consumptive recreational activities. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  186. 71532.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 3. Establishment and Governance [71530 - 71534] ( Chapter 3 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    Board members appointed under Section 71531 generally serve six-year terms, except the first member appointed under subdivision (c), who serves a three-year term.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 3. Establishment and Governance [71530 - 71534] ( Chapter 3 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71532. The term of office of each member of the board appointed pursuant to subdivisions (c) to (e), inclusive, of Section 71531 is six years. However, the term of office for the first board member appointed pursuant to subdivision (c) of Section 71531 is three years. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  187. 71533.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 3. Establishment and Governance [71530 - 71534] ( Chapter 3 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    If there is a vacancy on the board, the appointing authority must fill it for the rest of the unexpired term.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 3. Establishment and Governance [71530 - 71534] ( Chapter 3 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71533. Any vacancy on the board shall be filled by the appointing authority for the remainder of the unexpired term. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  188. 71534.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 3. Establishment and Governance [71530 - 71534] ( Chapter 3 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The board must hold its first meeting promptly, meet at least twice a year, and members must attend at least half of meetings or lose board membership. Some board members are paid $100 per meeting plus necessary travel expenses, and the Ocean Protection Council must provide needed staff services.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 3. Establishment and Governance [71530 - 71534] ( Chapter 3 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71534. (a) The board shall conduct its initial meeting as soon as possible after incorporation. (b) The board shall meet as often as required, but at least twice per year. (c) Members of the board shall attend at least 50 percent of all duly convened meetings of the board in a calendar year. A member who fails to attend at least 50 percent of all duly convened meetings of the board in a calendar year forfeits membership on the board. The vacancy shall be filled pursuant to Section 71533. (d) Members of the board shall receive no salary but members appointed pursuant to subdivisions (c) to (e), inclusive, of Section 71531 shall be paid one hundred dollars ($100) per day for each meeting and shall be reimbursed for all necessary travel expenses. (e) The Ocean Protection Council shall provide staff services that the endowment board needs to carry out its duties pursuant to this division. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  189. 71550.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The first-appointed board members must act as incorporators and take the steps needed to establish the endowment once a majority of the board is appointed.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71550. (a) The members of the board first appointed shall serve as incorporators of the endowment and shall take whatever actions are necessary to establish the endowment pursuant to the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code) once a majority of the board is appointed. (b) It is the intent of the Legislature that the endowment not be incorporated until the endowment board has received its initial notice of application from the Department of Fish and Game, pursuant to Section 6610 of the Fish and Game Code. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  190. 71551.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The California Endowment for Marine Preservation must receive funds generated under the California Marine Resources Legacy Act.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71551. The California Endowment for Marine Preservation shall receive funds generated pursuant to the California Marine Resources Legacy Act (Article 2 (commencing with Section 6420) of Chapter 5 of Part 1 of Division 6 of the Fish and Game Code). (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  191. 71552.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The endowment board may fund marine conservation and related activities, but the endowment must not use its funds to replace existing budget funding. The endowment also must prepare a five-year business plan, update it yearly, and file an annual report by February 1.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71552. (a) The purpose of the endowment is to create a permanent source of funding for projects and programs that will conserve, protect, restore, and enhance the coastal and marine resources of the state, with an emphasis on open coastal marine resources, and that will improve the sustainability of marine activities and encourage and support environmentally sustainable marine activities. To achieve this objective, the endowment board may award grants to public agencies and nonprofit organizations to support any or all of the following activities: (1) Applied research, including, but not limited to, monitoring and data collection in support of projects to conserve, protect, restore, and enhance the open coastal marine resources of the state. In so doing, the board shall take maximum advantage of the scientific research expertise available from the University of California, the California State University, other institutions of higher learning, and marine science research institutions with expertise in marine resource issues. No more than 10 percent of funds awarded by the endowment in any fiscal year shall be awarded for research. (2) Projects in open coastal waters that enhance environmentally sustainable marine activities. (3) Projects in open coastal waters to enhance the habitat for open coastal marine life, including, but not limited to, the identification, monitoring, and protection of important ecological areas. (4) Enforcement programs that protect, conserve, and enhance natural resources and marine habitat in and adjacent to open coastal waters, including regulating the take of open coastal marine species and monitoring of open coastal marine species and habitat with an emphasis on innovative approaches. (5) Programs to aid in the establishment of sustainable fishing levels, including, but not limited to, ecosystem-based management of forage species, and programs to reduce or prevent habitat damage in open coastal waters. (6) Programs to monitor catch and bycatch and to reduce bycatch in fisheries managed by the State of California and by the United States. (7) Programs, projects, and activities that are directly related to the conservation, protection, restoration, and enhancement of coastal and marine resources of the state, with an emphasis on open coastal marine resources, and that are authorized by either paragraph (2) of subdivision (b) of Section 35650 or by Section 75060. (b) Funds provided by the endowment are not intended, and shall not be used, to supplant funding provided through the annual budget process to support existing obligations and activities related to coastal and marine resources. (c) The endowment board may also do all of the following: (1) Obtain grants from, and contract with, individuals and with private, local, state, and federal agencies, organizations, and institutions. (2) Contract with, or make grants to, conservation and educational organizations; marine institutes; aquariums and museums; institutions of higher education; and local, state, and federal agencies to carry out the purposes of this chapter. (3) Loan funds to local, state, and federal agencies, organizations, and institutions to carry out the purposes of this chapter. (d) The endowment shall create a business plan for a five-year period. The endowment shall update the plan annually. (e) On or before February 1 each year following incorporation, the endowment shall submit a report for the preceding fiscal year to the Governor and to the appropriate fiscal and policy committees of the Legislature. The report shall include all of the following: (1) The updated business plan created pursuant to subdivision (c). (2) A comprehensive and detailed report of the endowment’s operations, activities, financial condition, and accomplishments under this section. (3) A listing of each recipient of a grant from the endowment and the purposes and amount of that grant. (4) A listing of any loan that the endowment has received and the plan for repaying the loan. (5) A report of each independent audit required pursuant to subdivision (e) of Section 71560. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  192. 71553.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    Board members and appropriate staff must be available to testify before appropriate legislative committees.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71553. Members of the board and appropriate staff shall be available to testify before appropriate committees of the Legislature. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  193. 71554.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The endowment must not contribute to or otherwise support political parties, elective-office candidates, or ballot measures.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71554. The endowment shall not contribute to, or otherwise support, any political party, candidate for elective public office, or ballot measure. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  194. 71555.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The endowment may hire employees and obtain legal counsel. Its employees are not state employees, are not subject to certain Government Code chapters, and have a right to representation under the federal National Labor Relations Act.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71555. The endowment may hire employees and may obtain legal counsel. No employee of the endowment is an employee of the State of California. No employee of the endowment is subject to Chapter 10.3 (commencing with Section 3512) of, or Chapter 10.5 (commencing with Section 3525) of, Division 4 of Title 1 of the Government Code. Employees of the endowment have the right to representation consistent with the federal National Labor Relations Act (29 U.S.C. Sec. 151 et seq.). (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  195. 71556.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The endowment must coordinate its activities with specified state and federal agencies.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 5. Powers and Duties [71550 - 71556] ( Chapter 5 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71556. The endowment shall coordinate its activities with the Department of Fish and Game, the California Coastal Commission, the San Francisco Bay Conservation and Development Commission, the State Lands Commission, and appropriate federal agencies, including the National Marine Fisheries Service and the Minerals Management Service of the United States Department of the Interior. Nothing in this division limits the authority and responsibility of any of these agencies. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  196. 71560.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 6. Financial Transactions and Audits [71560 - 71562] ( Chapter 6 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The endowment may receive funds, but it must administer, invest, and manage them under this division; certain funds must be reserved and allocated as grants, and records and audits are required.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 6. Financial Transactions and Audits [71560 - 71562] ( Chapter 6 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71560. (a) The endowment may receive charitable contributions or any sources of income that may be lawfully received, including loans from the state. (b) The endowment shall administer any funds it receives in accordance with this division. (c) (1) Except as provided in paragraph (2), the endowment shall invest and manage any funds it receives so that the investments shall provide a source of income in perpetuity and the principal amount consisting of charitable contributions and donations, including cost savings donated pursuant to Section 6618 of the Fish and Game Code, shall not be spent. Any returns on investments made by the endowment are the only funds that shall be available for expenditure by the endowment. (2) Ten percent of any funds received by the endowment pursuant to Section 6618 of the Fish and Game Code in a calendar year shall be allocated by the endowment board, pursuant to Section 71552, as grants for projects or programs consistent with the purpose of this chapter within 24 months of receipt of the funds. The majority of these funds shall be granted to state agencies engaged in coastal and ocean protection. (d) The endowment shall invest and manage any funds it receives in accordance with the Nonprofit Public Benefit Corporation Law (Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code). (e) The accounts of the endowment shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants. (f) The financial transactions of the endowment for any fiscal year may be audited by the California State Auditor’s Office. (g) Each recipient of assistance by grant, contract, or loan pursuant to this division shall keep records reasonably necessary to disclose fully the amount of the assistance, the disposition of the assistance, the total cost of the project or undertaking in connection with which the assistance is given or used, the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and other records that will facilitate an effective audit. Each recipient of a fixed price contract awarded pursuant to competitive bidding procedures is exempt from this subdivision. (h) The endowment, or its authorized representative, and the California State Auditor’s Office shall have access to any records necessary for the purpose of auditing and examining all funds received or expended by the recipients of assistance. (Amended by Stats. 2012, Ch. 281, Sec. 41. (SB 1395) Effective January 1, 2013.)
  197. 71561.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 6. Financial Transactions and Audits [71560 - 71562] ( Chapter 6 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    The endowment funds must be administered and managed under prudent investment, accounting, and fund-investment standards.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 6. Financial Transactions and Audits [71560 - 71562] ( Chapter 6 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71561. The endowment funds shall be administered and managed in accordance with all of the following: (a) Reasonably prudent investor standards that will give the fund the capacity to achieve reasonable rates of return on investment similar to those of other prudent investors for long-term investments. (b) Use of generally accepted accounting practices, and expenditure and investing procedures. (c) Investment policies that are consistent with the Uniform Prudent Investor Act (Article 2.5 (commencing with Section 16045) of Chapter 1 of Part 4 of Division 9 of the Probate Code), and with the Uniform Management of Institutional Funds Act (Part 7 (commencing with Section 18501) of Division 9 of the Probate Code), as applicable. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  198. 71562.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 6. Financial Transactions and Audits [71560 - 71562] ( Chapter 6 added by Stats. 2010, Ch. 687, Sec. 2. )

    Verify source ↗

    If the endowment stops operating, is dissolved, becomes bankrupt or insolvent, or fails to perform its fiduciary duties, its funds must revert to the state or to another state-approved public agency or nonprofit.

    ## Public Resources Code - PRC ## DIVISION 37. CALIFORNIA ENDOWMENT FOR MARINE PRESERVATION [71500 - 71562] ( Division 37 added by Stats. 2010, Ch. 687, Sec. 2. ) ## CHAPTER 6. Financial Transactions and Audits [71560 - 71562] ( Chapter 6 added by Stats. 2010, Ch. 687, Sec. 2. ) ## 71562. Funds held by the endowment shall revert to the state or to another public agency or nonprofit organization approved by the state if the endowment does any of the following: (a) Ceases operations. (b) Is dissolved. (c) Becomes bankrupt or insolvent. (d) Fails to perform its fiduciary duties. (Added by Stats. 2010, Ch. 687, Sec. 2. (AB 2503) Effective January 1, 2011.)
  199. 716.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    With Department of Finance approval, the department may use specified public-works authority; the Department of Finance may revoke that right in whole or part at any time.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 716. (a) Upon approval by the Department of Finance, the department may exercise the same authority granted to the Division of the State Architect and the Real Estate Services Division in the Department of General Services, to plan, design, construct, and administer contracts and professional services for public works projects under the jurisdiction of the department. (b) Any right afforded to the department pursuant to subdivision (a) to exercise project planning, design, construction, and administration of contracts and professional services may be revoked, in whole or in part, by the Department of Finance at any time. (Amended by Stats. 2023, Ch. 196, Sec. 21. (SB 143) Effective September 13, 2023.)
  200. 717.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The Secretary of the Natural Resources Agency must establish a working group on expanding wood product markets, and the working group must submit recommendations to the Legislature by June 1, 2017.

    ## Public Resources Code - PRC ## DIVISION 1. ADMINISTRATION [500 - 830] ( Division 1 repealed and added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2.5. Department of Forestry and Fire Protection [700 - 783] ( Heading of Chapter 2.5 amended by Stats. 1988, Ch. 160, Sec. 146. ) ## ARTICLE 1. Organization and General Powers [700 - 717] ( Article 1 added by Stats. 1976, Ch. 1300. ) ## 717. (a) The Secretary of the Natural Resources Agency shall establish a working group on expanding wood product markets that can utilize woody biomass, especially biomass that is removed from high hazard zones, as determined by the department. These markets include, but are not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products. (b) At a minimum, the working group shall include members of the working group on wood market products established under the Proclamation of a State of Emergency on Tree Mortality declared by the Governor on October 30, 2015. (c) By June 1, 2017, the working group shall submit recommendations to the Legislature on actions that may be taken to encourage the development of the wood product markets, including the identification of potential pilot projects. (Added by Stats. 2016, Ch. 368, Sec. 9. (SB 859) Effective September 14, 2016.)

Provision text is displayed from LexChat’s stored statute record. Use the official source links to verify amendments, commencement, and current legal force.

LexChat organizes source-backed legal information for research. Verify amendments, commencement, and current legal force with the official publisher before relying on it.