Public Resources Code — Part 37 | PRC — United States — California law | Esheria

Public Resources Code

Part 37 of 41 · provisions 7,201–7,400

This act is named the Public Resources Code.

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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.

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Provisions of Public Resources Code

Showing 200 of 8,095

  1. 72400.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 1. Findings and Declarations [72400 - 72401] ( Chapter 1 added by Stats. 2003, Ch. 488, Sec. 1. )

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    The provision says California’s marine waters and sanctuaries should be protected by prohibiting releases of certain wastes, sewage sludge, oily bilgewater, and graywater from large passenger vessels and oceangoing ships.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 1. Findings and Declarations [72400 - 72401] ( Chapter 1 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72400. The Legislature finds and declares both of the following: (a) California is home to four of the 13 national marine sanctuaries. These areas support some of the world’s most diverse marine ecosystems and are home to numerous mammals, seabirds, fish, invertebrates, and plants. (b) The protection and enhancement of the quality of the marine waters of the state and marine sanctuaries, and the protection of public health and the environment, requires that the release from large passenger vessels and oceangoing ships of hazardous waste, other waste, sewage sludge, and oily bilgewater, into the marine waters of the state and marine sanctuaries, and the release of graywater by large passenger ships into the marine waters of the state, should be prohibited. (Amended (as amended by Stats. 2004, Ch. 764, Sec. 1) by Stats. 2005, Ch. 588, Sec. 6. Effective January 1, 2006.)
  2. 72401.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 1. Findings and Declarations [72400 - 72401] ( Chapter 1 added by Stats. 2003, Ch. 488, Sec. 1. )

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    The Legislature declares that certain discharges from large passenger vessels and oceangoing ships into California marine waters or marine sanctuaries should be prohibited.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 1. Findings and Declarations [72400 - 72401] ( Chapter 1 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72401. The Legislature finds and declares both of the following: (a) To protect and enhance the quality of the marine waters of the state all of the following should be prohibited: (1) The release of graywater or sewage by a large passenger vessel into the marine waters of the state or a marine sanctuary. (2) The release of hazardous waste, other waste, sewage sludge, or oily bilgewater by a large passenger vessel or oceangoing ship into the marine waters of the state or a marine sanctuary. (3) The release of graywater or sewage by an oceangoing ship into the marine waters of the state or a marine sanctuary. (b) In response to an application from the State of California pursuant to this division, beginning March 2012, the United States Environmental Protection Agency prohibited the discharge of all sewage from large passenger vessels and large oceangoing ships, and created a No Discharge Zone along California’s 1,624-mile coastline from Mexico to Oregon and surrounding islands, the largest No Discharge Zone in the nation. (Amended by Stats. 2012, Ch. 279, Sec. 1. (SB 1360) Effective January 1, 2013.)
  3. 72410.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 2. Definitions [72410- 72410.] ( Chapter 2 added by Stats. 2003, Ch. 488, Sec. 1. )

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    This section defines terms used in the chapter, including the Board, the Commission, and several vessel- and waste-related terms.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 2. Definitions [72410- 72410.] ( Chapter 2 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72410. (a) Unless the context otherwise requires, the definitions set forth in this section govern this division. (b) “Board” means the State Water Resources Control Board. (c) “Commission” means the State Lands Commission. (d) “Graywater” means drainage from dishwasher, shower, laundry, bath, and washbasin drains, but does not include drainage from toilets, urinals, hospitals, or cargo spaces. (e) “Hazardous waste” has the meaning set forth in Section 25117 of the Health and Safety Code, but does not include sewage. (f) “Large passenger vessel” or “vessel” means a vessel of 300 gross registered tons or greater that is engaged in the carrying of passengers for hire, excluding all of the following vessels: (1) Vessels without berths or overnight accommodations for passengers. (2) Noncommercial vessels, warships, vessels operated by nonprofit entities as determined by the Internal Revenue Service, and vessels operated by the state, the United States, or a foreign government. (3) Oceangoing ships, as defined in subdivision (j). (g) “Marine waters of the state” means waters within the area bounded by the mean high tide line to the three-mile state waters limit, from the Oregon border to the Mexican border. (h) “Marine sanctuary” means marine waters of the state in the Channel Islands National Marine Sanctuary, Cordell Bank National Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary, or Monterey Bay National Marine Sanctuary. (i) “Medical waste” means medical waste subject to regulation pursuant to Part 14 (commencing with Section 117600) of Division 104 of the Health and Safety Code. (j) “Oceangoing ship” means a private, commercial, government, or military vessel of 300 gross registered tons or more calling on California ports or places. (k) “Oil” has the meaning set forth in Section 8750. (l) “Oily bilgewater” includes bilgewater that contains used lubrication oils, oil sludge and slops, fuel and oil sludge, used oil, used fuel and fuel filters, and oily waste. (m) “Operator” has the meaning set forth in Section 651 of the Harbors and Navigation Code. (n) “Other waste” means photography laboratory chemicals, dry cleaning chemicals, or medical waste. (o) “Owner” has the meaning set forth in Section 651 of the Harbors and Navigation Code. (p) “Release” means discharging or disposing of wastes into the environment. (q) “Sewage” has the meaning set forth in Section 775.5 of the Harbors and Navigation Code, including material that has been collected or treated through a marine sanitation device as that term is used in Section 312 of the federal Clean Water Act (33 U.S.C. Sec. 1322) or material that is a byproduct of sewage treatment. (r) “Sewage sludge” has the meaning set forth in Section 122.2 of Title 40 of the Code of Federal Regulations. (s) “Sufficient holding tank capacity” means a holding tank of sufficient capacity to contain sewage and graywater while the oceangoing ship is within the marine waters of the state. (t) “Waste” means hazardous waste and other waste. (Amended by Stats. 2013, Ch. 76, Sec. 176. (AB 383) Effective January 1, 2014.)
  4. 72420.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 3. Prohibited Releases [72420 - 72425] ( Chapter 3 added by Stats. 2003, Ch. 488, Sec. 1. )

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    Certain vessel owners or operators must not release sewage sludge or sewage into California marine waters or a marine sanctuary, subject to specified application-approval or no-application-required conditions.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 3. Prohibited Releases [72420 - 72425] ( Chapter 3 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72420. (a) If the appropriate federal agencies approve an application made pursuant to subdivision (a) of Section 72440, or if the board determines that an application is not required, an owner or operator of a large passenger vessel or oceangoing ship shall not release, or permit anyone to release, any sewage sludge from the vessel into the marine waters of the state or a marine sanctuary. (b) If the Administrator of the United States Environmental Protection Agency approves the application for sewage release made pursuant to subdivision (a) of Section 72440, or if the board determines that an application is not required, an owner or operator of an oceangoing ship with sufficient holding tank capacity shall not release, or permit anyone to release, any sewage from the vessel into the marine waters of the state or a marine sanctuary. (c) If the Administrator of the United States Environmental Protection Agency approves the application for sewage release made pursuant to subdivision (a) of Section 72440, or if the board determines that an application is not required, an owner or operator of a large passenger vessel shall not release, or permit anyone to release, any sewage from the vessel into the marine waters of the state or a marine sanctuary. (Amended by Stats. 2012, Ch. 279, Sec. 3. (SB 1360) Effective January 1, 2013.)
  5. 72420.2.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 3. Prohibited Releases [72420 - 72425] ( Chapter 3 added by Stats. 2003, Ch. 488, Sec. 1. )

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    Vessels covered by this section must not discharge graywater, hazardous waste, other waste, or oily bilgewater into the state’s marine waters or a marine sanctuary.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 3. Prohibited Releases [72420 - 72425] ( Chapter 3 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72420.2. (a) An owner or operator of a large passenger vessel shall not release, or permit anyone to release, from the vessel, graywater into the marine waters of the state or a marine sanctuary. (b) An owner or operator of a large passenger vessel or oceangoing ship shall not release, or permit anyone to release, from the vessel, hazardous waste, other waste, or oily bilgewater into the marine waters of the state or a marine sanctuary. (c) An owner or operator of an oceangoing ship with sufficient holding tank capacity shall not release, or permit anyone to release, from the vessel, graywater into the marine waters of the state or a marine sanctuary. (Amended by Stats. 2012, Ch. 279, Sec. 5. (SB 1360) Effective January 1, 2013.)
  6. 72421.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 3. Prohibited Releases [72420 - 72425] ( Chapter 3 added by Stats. 2003, Ch. 488, Sec. 1. )

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    Owners or operators must notify the California Emergency Management Agency within 30 minutes after discovering certain vessel release incidents, and the notice must include specified details. The agency must then forward the notice to the board and the Department of Fish and Game within 30 minutes of receiving it.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 3. Prohibited Releases [72420 - 72425] ( Chapter 3 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72421. (a) The owner or operator shall notify the California Emergency Management Agency immediately, but not longer than 30 minutes, after discovery of any of the following: (1) A large passenger vessel release of graywater into the marine waters of the state or a marine sanctuary. (2) A large passenger vessel release of sewage into the marine waters of the state or a marine sanctuary. (3) A large passenger vessel or oceangoing ship release of hazardous waste, other waste, sewage sludge, or oily bilgewater into the marine waters of the state or a marine sanctuary. (4) An oceangoing ship with sufficient holding tank capacity release of sewage or graywater into the marine waters of the state or a marine sanctuary. (b) The owner or operator shall include all of the following in the notification required pursuant to subdivision (a): (1) Date of the release. (2) Time of the release. (3) Location, by latitude and longitude, of the release. (4) Volume of the release. (5) Source of the release. (6) Remedial action taken to prevent future releases. (c) The California Emergency Management Agency shall transmit the notification required by subdivision (a) to the board and the Department of Fish and Game immediately, but not longer than 30 minutes, after receiving the notification. (Amended by Stats. 2012, Ch. 279, Sec. 6. (SB 1360) Effective January 1, 2013.)
  7. 72423.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 3. Prohibited Releases [72420 - 72425] ( Chapter 3 added by Stats. 2003, Ch. 488, Sec. 1. )

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    An oceangoing ship with enough holding and transfer capacity must keep sewage and graywater on board or transfer them to an available, accessible pumpout facility when docked, and must not discharge them in the state’s marine waters.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 3. Prohibited Releases [72420 - 72425] ( Chapter 3 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72423. An oceangoing ship with sufficient holding tank capacity and capability for transfer shall either hold on board or shall transfer sewage and graywater to a pumpout facility, if that facility is available and accessible for the oceangoing ship where the ship is docked, and shall not discharge sewage or graywater within the marine waters of the state. (Amended by Stats. 2006, Ch. 292, Sec. 9. Effective January 1, 2007.)
  8. 72425.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 3. Prohibited Releases [72420 - 72425] ( Chapter 3 added by Stats. 2003, Ch. 488, Sec. 1. )

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    Certain people responsible for an oceangoing ship must provide specified vessel information to the commission and keep detailed records on board; the commission and board also have reporting duties.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 3. Prohibited Releases [72420 - 72425] ( Chapter 3 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72425. (a) (1) If the master, owner, operator, agent, or person in charge of an oceangoing ship has operated, or has caused to be operated, the oceangoing ship in the marine waters of the state during 2006, that master, owner, operator, agent, or person in charge shall provide the information described in subdivision (b) in electronic or written form to the commission upon the vessel’s departure from its first port or place of call in California beginning in 2006. (2) The information described in subdivision (b) shall be submitted on a form developed by the commission. (b) The master, owner, operator, or person in charge of the oceangoing vessel shall maintain on board the vessel, in written or electronic form, records that include all of the following information: (1) Vessel information, including all of the following: (A) Name. (B) International Maritime Organization number or official number if the International Maritime Organization number has not been assigned. (C) Vessel type. (D) Owner or operator. (E) Gross tonnage. (F) Keel laid date. (G) Port of registry. (H) Typical or required number of crew. (2) Graywater information, including the vessel’s ability to store graywater while in California waters and size and capacity of any graywater holding tanks, as measured in metric tons. (3) Blackwater information, including the vessel’s ability to store blackwater while in California waters and size and capacity of any blackwater holding tanks, as measured in metric tons. (4) Marine sanitation devices information, including number, size, and nature of devices on the vessel treating sewage prior to discharge. (5) Connections to ensure transfer of sewage and graywater to pumpout facilities. (6) California port of call information, including expected number of calls, in days, in ports within the state during 2006. (7) Certification of accurate information, including the printed name, title, and signature of the master, owner, operator, or person in charge, or responsible officer attesting to the accuracy of the information provided. (c) The commission shall submit the reported information to the board on or before February 1, 2007. The board shall submit the reported information to the Legislature on or before October 1, 2007. The board may submit the report to the Legislature in an electronic form. (Repealed and added by Stats. 2005, Ch. 588, Sec. 18. Effective January 1, 2006.)
  9. 72430.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 4. Penalties [72430- 72430.] ( Chapter 4 added by Stats. 2003, Ch. 488, Sec. 1. )

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    A person who violates Section 72420 or 72420.2 may be hit with a civil penalty of up to $25,000 for each violation.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 4. Penalties [72430- 72430.] ( Chapter 4 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72430. (a) A person who violates Section 72420 or 72420.2 is subject to a civil penalty of not more than twenty-five thousand dollars ($25,000) for each violation. (b) The civil penalty imposed for each separate violation pursuant to this section is separate from, and in addition to, any other civil penalty imposed for a separate violation pursuant to this section or any other provision of law. (c) In determining the amount of a civil penalty imposed pursuant to this section, the court shall take into consideration all relevant circumstances, including, but not limited to, the nature, circumstance, extent, and gravity of the violation. In making this determination, the court shall consider the degree of toxicity and volume of the release, the extent of harm caused by the violation, whether the effects of the violation may be reversed or mitigated, and with respect to the defendant, the ability to pay, the effect of a civil penalty on the ability to continue in business, all voluntary cleanup efforts undertaken, the prior history of violations, the gravity of the behavior, the economic benefit, if any, resulting from the violation, and all other matters the court determines justice may require. (d) (1) A civil action brought under this section may only be brought in accordance with this subdivision. That civil action may be brought by the Attorney General upon complaint or request by the Department of Fish and Game or the appropriate California regional water quality control board, or by a district attorney or city attorney. (2) Notwithstanding Section 13223 of the Water Code, a regional water quality control board may delegate to its executive officer authority to request the Attorney General for judicial enforcement under this section. (3) If a district attorney or city attorney brings an action under this section, the action shall be in the name of the people of the State of California. (4) An action relating to the same violation may be joined or consolidated. (Amended by Stats. 2012, Ch. 279, Sec. 7. (SB 1360) Effective January 1, 2013.)
  10. 72440.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 5. Miscellaneous [72440 - 72442] ( Chapter 5 added by Stats. 2003, Ch. 488, Sec. 1. )

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    The board must decide whether to seek federal authorization for discharge prohibitions, and if needed must apply or request action from the appropriate federal agencies.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 5. Miscellaneous [72440 - 72442] ( Chapter 5 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72440. (a) (1) The board shall determine whether it is necessary to apply to the federal government for the state to prohibit the release of sewage or sewage sludge from large passenger vessels, sewage from oceangoing ships with sufficient holding tank capacity, and sewage sludge from oceangoing ships, into the marine waters of the state or to prohibit the release of sewage sludge from large passenger vessels and oceangoing ships into marine sanctuaries, as described in Section 72420. If the board determines that application is necessary for either sewage or sewage sludge, or both, it shall apply to the appropriate federal agencies, as determined by the board, to authorize the state to prohibit the release of sewage or sewage sludge, or both, as necessary, from large passenger vessels, sewage from oceangoing ships with sufficient holding tank capacity, and sewage sludge from oceangoing ships, into the marine waters of the state and, if necessary, to authorize the state to prohibit the release of sewage sludge from large passenger vessels and oceangoing ships into marine sanctuaries. (2) It is not the Legislature’s intent to establish for the marine waters of the state a no discharge zone for sewage from all vessels, but only for a class of vessels. (b) The board shall request the appropriate federal agencies, as determined by the board, to prohibit the release of sewage sludge and oily bilgewater, except under the circumstances specified in Section 72441, by large passenger vessels and oceangoing ships, in all of the waters that are in the Channel Islands National Marine Sanctuary, Cordell Bank National Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary, and Monterey Bay National Marine Sanctuary, that are not in the state waters. (Amended by Stats. 2012, Ch. 279, Sec. 8. (SB 1360) Effective January 1, 2013.)
  11. 72440.1.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 5. Miscellaneous [72440 - 72442] ( Chapter 5 added by Stats. 2003, Ch. 488, Sec. 1. )

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    The board must ask the appropriate federal agencies to prohibit waste releases by large passenger vessels or oceangoing ships in specified marine sanctuary waters, and if needed ask the state to approve that prohibition.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 5. Miscellaneous [72440 - 72442] ( Chapter 5 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72440.1. The board shall request the appropriate federal agencies, as determined by the board, to prohibit the release of waste by large passenger vessels or oceangoing ships in all of the waters in the Channel Islands National Marine Sanctuary, Cordell Bank National Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary, and Monterey Bay National Marine Sanctuary; and, request, if necessary, approval of the state’s prohibition of the release of waste in the marine sanctuaries. (Added by Stats. 2005, Ch. 588, Sec. 22. Effective January 1, 2006.)
  12. 72441.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 5. Miscellaneous [72440 - 72442] ( Chapter 5 added by Stats. 2003, Ch. 488, Sec. 1. )

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    This section says the division does not apply to certain vessel operations and discharges, including innocent passage and safety or life-saving discharges made with reasonable precautions.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 5. Miscellaneous [72440 - 72442] ( Chapter 5 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72441. (a) This division does not apply to either of the following: (1) A large passenger vessel or oceangoing ship that operates in the marine waters of the state solely in innocent passage. (2) Discharges made for the purpose of securing the safety of the large passenger vessel or oceangoing ship or saving life at sea, if reasonable precautions are taken for the purpose of preventing or minimizing the discharge. (b) For the purposes of this section, a large passenger vessel or oceangoing ship is engaged in innocent passage if its operation in the marine waters of the state would constitute innocent passage under either the Convention on the Territorial Sea and Contiguous Zone, dated April 29, 1958, or the United Nations Convention on the Law of the Sea, dated December 10, 1982. (Amended by Stats. 2012, Ch. 279, Sec. 9. (SB 1360) Effective January 1, 2013.)
  13. 72442.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 5. Miscellaneous [72440 - 72442] ( Chapter 5 added by Stats. 2003, Ch. 488, Sec. 1. )

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    The board may adopt regulations to carry out this division.

    ## Public Resources Code - PRC ## DIVISION 38. CALIFORNIA CLEAN COAST ACT [72400 - 72442] ( Heading of Division 38 amended by Stats. 2005, Ch. 588, Sec. 5. ) ## CHAPTER 5. Miscellaneous [72440 - 72442] ( Chapter 5 added by Stats. 2003, Ch. 488, Sec. 1. ) ## 72442. The board may adopt regulations to carry out this division. (Added by Stats. 2003, Ch. 488, Sec. 1. Effective January 1, 2004.)
  14. 730.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

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    The provision creates the State Board of Forestry and Fire Protection, sets it at nine members, and requires Governor appointments to be confirmed by the Senate.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 730. (a) There is in the department a State Board of Forestry and Fire Protection consisting of nine members appointed by the Governor, subject to confirmation by the Senate. (b) (1) On and after January 1, 1998, wherever any reference is made in any law to the State Board of Forestry in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Protection. (2) No existing supplies, forms, signs, or logos shall be destroyed or changed to reflect the name change, and they shall continue to be used until exhausted or unserviceable. (Amended by Stats. 1998, Ch. 972, Sec. 14. Effective January 1, 1999.)
  15. 7301.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 1. Sale of School Lands [7301 - 7306] ( Heading of Article 1 amended by Stats. 1986, Ch. 622, Sec. 3. )

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    The commission may sell school lands and may pay certain sale-related costs from the School Land Bank Fund when doing so is in the best interest of the state.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 1. Sale of School Lands [7301 - 7306] ( Heading of Article 1 amended by Stats. 1986, Ch. 622, Sec. 3. ) ## 7301. The commission may, in the best interest of the state, sell school lands. The commission may pay from the School Land Bank Fund, created pursuant to Section 8711, the typical costs and expenses attributable to a sale of school lands, such as escrow or other third-party costs, when it is in the best interest of the state to do so. (Repealed and added by Stats. 2020, Ch. 311, Sec. 4. (SB 1472) Effective January 1, 2021.)
  16. 7303.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 1. Sale of School Lands [7301 - 7306] ( Heading of Article 1 amended by Stats. 1986, Ch. 622, Sec. 3. )

    Verify source ↗

    The commission may exchange public lands for U.S. lands of equal area or equal value, and may then sell the acquired lands for cash under this article.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 1. Sale of School Lands [7301 - 7306] ( Heading of Article 1 amended by Stats. 1986, Ch. 622, Sec. 3. ) ## 7303. The commission may, in the best interest of the state, exchange any public lands for lands of the United States of equal area or equal value, and the lands acquired in the exchange may then be sold in the manner and for cash as provided by this article. (Amended by Stats. 1986, Ch. 622, Sec. 6.)
  17. 7303.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 1. Sale of School Lands [7301 - 7306] ( Heading of Article 1 amended by Stats. 1986, Ch. 622, Sec. 3. )

    Verify source ↗

    The commission may exchange school lands for other lands if the exchange is in the state’s best interests and the acquired lands are equal or greater in value. The state may also release mineral rights in conveyed lands if it receives those mineral rights in the acquired lands.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 1. Sale of School Lands [7301 - 7306] ( Heading of Article 1 amended by Stats. 1986, Ch. 622, Sec. 3. ) ## 7303.5. Whenever the commission finds that it is in the best interests of the state for the acquisition of open space or for the purposes of consolidating, assembling, or managing parcels of land for the purposes authorized by this division, the commission may exchange school lands under its jurisdiction for lands owned by any state agency, political subdivision, or person, partnership, company, or corporation, or by the United States or any federal agency; provided, that the lands acquired pursuant to such exchange have equal or greater value than the lands conveyed. Such acquired lands shall have the same status as to administration, control, and disposition as the lands conveyed. The state may release the mineral rights in the lands conveyed, as provided in Section 6401, if it receives the mineral rights in the lands acquired. (Added by Stats. 1981, Ch. 908, Sec. 4.)
  18. 7305.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 1. Sale of School Lands [7301 - 7306] ( Heading of Article 1 amended by Stats. 1986, Ch. 622, Sec. 3. )

    Verify source ↗

    If payment has been made for land sold under this article, the purchaser is entitled to a patent.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 1. Sale of School Lands [7301 - 7306] ( Heading of Article 1 amended by Stats. 1986, Ch. 622, Sec. 3. ) ## 7305. When payment has been made for land sold under this article, the purchaser shall be entitled to a patent. (Added by Stats. 1943, Ch. 609.)
  19. 7306.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 1. Sale of School Lands [7301 - 7306] ( Heading of Article 1 amended by Stats. 1986, Ch. 622, Sec. 3. )

    Verify source ↗

    The commission may sell timber separately from the land.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 1. Sale of School Lands [7301 - 7306] ( Heading of Article 1 amended by Stats. 1986, Ch. 622, Sec. 3. ) ## 7306. The commission may sell timber separately from the land. Timber sold separately shall be removed in accordance with the Z'Berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4). (Added by Stats. 1986, Ch. 622, Sec. 7.)
  20. 731.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    Board members must be appointed based on specified qualifications, with required seats from the general public, forest products industry, and range livestock industry.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 731. All members of the board shall be appointed and shall be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, problems relating to watershed management (including hydrology and soil science), forest management practices, fish and wildlife, range management, forest economics, or land use planning. Five members shall be selected from the general public, three members shall be selected from the forest products industry, and one member shall be selected from the range livestock industry. At no time shall a majority of the members, nor any of the members selected from the general public, be persons with a direct personal financial interest, within the meaning of Section 1120 of the Government Code, in timberlands. All members of the board shall represent the general public interest. (Added by Stats. 1976, Ch. 1300.)
  21. 731.1.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    This section says certain board members from the forest products and range livestock industries are treated as representing the public in decisions affecting those industries, unless their board actions have a material financial effect on them.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 731.1. The Legislature declares that some individuals appointed as members of the State Board of Forestry and Fire Protection are required to be chosen from backgrounds in the forest products and range livestock industries in order to represent and further the interests of those industries and that this representation and furtherance serves the general public interest, as specified in Section 731. Accordingly, the Legislature finds that, for purposes of persons who hold that office, the forest products and the range livestock industries are tantamount to and constitute the public generally within the meaning of Section 87103 of the Government Code in those decisions affecting the forest products or range livestock industries, unless the results of their actions taken as board members have a material financial effect on them distinguishable from their effect on other members of their respective industries generally. (Amended by Stats. 1998, Ch. 972, Sec. 15. Effective January 1, 1999.)
  22. 732.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    Board members serve four-year terms, and the Governor must immediately fill any vacancies.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 732. Each member of the board shall hold office for four years from the expiration of the term of his or her predecessor. Vacancies shall be immediately filled by the Governor. (Amended by Stats. 1988, Ch. 257, Sec. 5.)
  23. 735.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    Board members are entitled to compensation for official-duty days, with a cap of 80 days per fiscal year for non-chair members and 100 days for the chairperson, and reimbursement of necessary travel and other official-duty expenses.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 735. Each member of the board shall receive compensation for each day during which the member engaged in the performance of official duties, except that the total number of days for which a member, other than the chairperson, may be compensated shall not exceed 80 days in any one fiscal year. The chairperson of the board may receive compensation for not more than 100 days in any one fiscal year. In addition to the compensation, each member shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties. (Amended by Stats. 1987, Ch. 796, Sec. 2. Effective September 18, 1987.)
  24. 736.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    The board must keep its headquarters in Sacramento, hold meetings at times and places it determines, have five members for a quorum, use a majority affirmative vote to change certain rules, and keep all meetings open to the public.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 736. The board shall maintain its headquarters in Sacramento and shall hold meetings at such times and at such places as shall be determined by it. Five members of the board shall constitute a quorum for the purpose of transacting any business of the board. A majority affirmative vote of the total authorized membership of the board shall be necessary to adopt, amend, or repeal rules and regulations of the board adopted pursuant to Article 4 (commencing with Section 4551) of Chapter 8 of Part 2 of Division 4. All meetings of the board shall be open to the public. (Added by Stats. 1976, Ch. 1300.)
  25. 737.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    A board member must not take part in certain board actions when the matter involves the member, a connected person, or the member’s direct financial interest.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 737. (a) A member of the board shall not participate in a board action pursuant to Article 8 (commencing with Section 4601) or Article 9 (commencing with Section 4621) of Chapter 8 of Part 2 of Division 4 that involves the board member or a person with whom the board member is connected as a director, officer, or employee, or in which the board member has a direct personal financial interest within the meaning of Section 1120 of the Government Code. (b) Upon request of a person or on the Attorney General’s own initiative, the Attorney General may file a complaint in the superior court for the county in which the board has its principal office alleging that a board member has knowingly violated this section and the facts upon which the allegation is based and asking that the member be removed from office. Further proceedings shall be in accordance as near as may be with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section it shall pronounce judgment that the board member be removed from office. (Amended by Stats. 2021, Ch. 133, Sec. 39. (SB 272) Effective July 23, 2021.)
  26. 738.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    The Governor must designate the board chair from among the board members, and the board must elect a vice chair each year from among its members.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 738. The Governor shall designate the chair of the board from among the members of the board. The person designated as the chair shall hold the office at the pleasure of the Governor. The board shall annually elect a vice chair from among its members. (Amended by Stats. 2010, Ch. 213, Sec. 5. (AB 2768) Effective January 1, 2011.)
  27. 739.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    The board may appoint an executive officer, and that executive officer is exempt from civil service.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 739. The board may appoint an executive officer who shall be exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution. (Amended by Stats. 1986, Ch. 248, Sec. 204.)
  28. 740.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    The board must represent the state’s interests in specified forestry and land matters and must set and maintain an adequate forest policy.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 740. The board shall represent the state’s interest in the acquisition and management of state forests as provided by law and in federal land matters pertaining to forestry, and the protection of the state’s interests in forest resources on private lands, and shall determine, establish, and maintain an adequate forest policy. General policies for guidance of the department shall be determined by the board. (Added by Stats. 1976, Ch. 1300.)
  29. 7400.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 2. Indemnity Land Selections [7400 - 7404] ( Article 2 repealed and added by Stats. 2020, Ch. 311, Sec. 7. )

    Verify source ↗

    The Legislature states that, as of January 1, 2020, the commission had acquired about 81,643 acres of indemnity school lands and was owed about 51,000 additional acres.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 2. Indemnity Land Selections [7400 - 7404] ( Article 2 repealed and added by Stats. 2020, Ch. 311, Sec. 7. ) ## 7400. The Legislature finds and declares that, as of January 1, 2020, the commission has acquired roughly 81,643 acres of indemnity school lands and is owed roughly 51,000 additional acres of indemnity school lands. (Added by Stats. 2020, Ch. 311, Sec. 7. (SB 1472) Effective January 1, 2021.)
  30. 7401.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 2. Indemnity Land Selections [7400 - 7404] ( Article 2 repealed and added by Stats. 2020, Ch. 311, Sec. 7. )

    Verify source ↗

    The commission must determine the number of acres of land the state is entitled to as indemnity and keep a statement of the bases on file.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 2. Indemnity Land Selections [7400 - 7404] ( Article 2 repealed and added by Stats. 2020, Ch. 311, Sec. 7. ) ## 7401. The commission shall ascertain from time to time the number of acres of land to which the state is entitled as indemnity and shall keep on file a statement showing of what those bases consist. (Repealed and added by Stats. 2020, Ch. 311, Sec. 7. (SB 1472) Effective January 1, 2021.)
  31. 7402.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 2. Indemnity Land Selections [7400 - 7404] ( Article 2 repealed and added by Stats. 2020, Ch. 311, Sec. 7. )

    Verify source ↗

    The commission may select United States lands as indemnity for state school land grant losses when it finds that doing so is in the state's best interest.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 2. Indemnity Land Selections [7400 - 7404] ( Article 2 repealed and added by Stats. 2020, Ch. 311, Sec. 7. ) ## 7402. Whenever the commission determines it to be in the best interest of the state, the commission may select lands of the United States equal in area to the number of acres or as otherwise provided under federal law to which the state is entitled as indemnity for any losses sustained by the state to its school land grants. (Repealed and added by Stats. 2020, Ch. 311, Sec. 7. (SB 1472) Effective January 1, 2021.)
  32. 7403.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 2. Indemnity Land Selections [7400 - 7404] ( Article 2 repealed and added by Stats. 2020, Ch. 311, Sec. 7. )

    Verify source ↗

    The commission acts as the state's general agent for selecting indemnity lands to replace losses to school land grants.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 2. Indemnity Land Selections [7400 - 7404] ( Article 2 repealed and added by Stats. 2020, Ch. 311, Sec. 7. ) ## 7403. The commission is the general agent of the state for the selection of indemnity lands in lieu of the losses sustained by the state to its school land grants. (Repealed and added by Stats. 2020, Ch. 311, Sec. 7. (SB 1472) Effective January 1, 2021.)
  33. 7404.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 2. Indemnity Land Selections [7400 - 7404] ( Article 2 repealed and added by Stats. 2020, Ch. 311, Sec. 7. )

    Verify source ↗

    The commission may accept the benefits of the specified federal act.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 1. School Lands and Indemnity Lands [7301 - 7404] ( Heading of Chapter 1 amended by Stats. 2020, Ch. 311, Sec. 2. ) ## ARTICLE 2. Indemnity Land Selections [7400 - 7404] ( Article 2 repealed and added by Stats. 2020, Ch. 311, Sec. 7. ) ## 7404. The commission may accept the benefits of the act of Congress approved July 17, 1914, enacted as Section 121 of Title 30 of the United States Code. (Repealed and added by Stats. 2020, Ch. 311, Sec. 7. (SB 1472) Effective January 1, 2021.)
  34. 741.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    The board must appoint a Range Management Advisory Committee and consult it on rangeland resource issues under consideration.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 741. (a) The board shall appoint a Range Management Advisory Committee and shall consult with the advisory committee on rangeland resource issues under consideration by the board. (b) The advisory committee shall consist of 11 members, who shall be selected as follows: (1) Three members of the general public, who have an interest and background in the conservation of range resources or special knowledge in the protection of range and brushland soils and watersheds. (2) One member nominated by the California Association of Resource Conservation Districts. (3) Seven members nominated by organizations representing owners of range and brushlands. (c) Members of the advisory committee shall serve without compensation. (d) The Secretary of the Natural Resources Agency, the Secretary for Environmental Protection, and the Secretary of Food and Agriculture shall notify the advisory committee of, and are encouraged to consult with the advisory committee on, rangeland resource issues that are under consideration by the Natural Resources Agency, the California Environmental Protection Agency, and the Department of Food and Agriculture, respectively. (Amended by Stats. 2015, Ch. 683, Sec. 36. (SB 798) Effective January 1, 2016.)
  35. 741.5.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    The committee must develop guidance for local or regional prescribed grazing plans by July 1, 2025, and two state departments must consider that guidance in specified grant programs.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 741.5. (a) On or before July 1, 2025, the Range Management Advisory Committee, established pursuant to Section 741, in consultation with the Department of Fish and Wildlife, fire ecologists with expertise in the full range of California’s vegetation communities, and the University of California Cooperative Extension Livestock and Natural Resources Advisors and Specialists, shall develop guidance for local or regional prescribed grazing plans. The guidance shall include all of the following: (1) Best practices for identifying and selecting priority areas for prescribed grazing. (2) Best practices for developing project plans and metrics for applying, monitoring, and evaluating the effectiveness and impacts of prescribed grazing. (3) Best practices for using prescribed grazing to increase the diversity and abundance of native species and decrease the abundance of invasive species, including through adaptive management, exclusion areas, wildlife-friendly fencing, and monitoring. (4) Recommendations for securing sufficient land and resources, including forage, needed to pasture livestock when not engaged in a prescribed grazing project. (5) Best practices for building community support and engaging with public and private landowners to improve the implementation and outcomes of a prescribed grazing plan. (6) Methods to identify opportunities to house and maintain shared grazing infrastructure. (7) Best practices to use prescribed grazing to support and enhance prescribed burns and other vegetation management projects. (8) Best practices for use of prescribed grazing for reducing wildfire risk in and near fire-threatened communities, as that term is defined in paragraph (2) of subdivision (b) of Section 4124.5. (9) Other recommendations to increase the pace and scale of prescribed grazing at the local or regional levels, where appropriate. (b) The department shall consider and incorporate, at its discretion, the guidance developed pursuant to subdivision (a) in the grant program established pursuant to Section 4124.5. (c) The Department of Conservation shall consider and incorporate, where appropriate, the guidance developed pursuant to subdivision (a) in the grant program established pursuant to Section 4208.1. (Added by Stats. 2024, Ch. 772, Sec. 1. (SB 675) Effective January 1, 2025.)
  36. 743.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    State agencies must submit forest-resource investigation plans and results to the board for review and comment. The board may contract with state or local agencies to do technical forest-management investigations and reports, subject to a reasonable relationship between the burden/costs and the need and benefits of the reports.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 743. State agencies shall submit to the board plans for, and the results of, all investigations that relate to, or have an effect upon, forest resource utilization for review and comment. The board may, at its expense, contract with any state or local agency to investigate and report on any technical factors involved in forest management; provided, that the burden, including costs, of such reports shall bear a reasonable relationship to the needs for the reports and the benefits to be obtained from such reports. (Added by Stats. 1976, Ch. 1300.)
  37. 745.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. )

    Verify source ↗

    The board must run a public information program on forest management and keep an information file on forest management research and related matters.

    ## 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 2. State Board of Forestry and Fire Protection [730 - 745] ( Heading of Article 2 amended by Stats. 1998, Ch. 972, Sec. 13. ) ## 745. The board shall implement a public information program on matters involving forest management and shall maintain an information file on forest management research and other pertinent matters. (Added by Stats. 1976, Ch. 1300.)
  38. 750.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    This article may be cited as the Professional Foresters 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 750. This article may be known and cited as the Professional Foresters Law. (Added by Stats. 1976, Ch. 1300.)
  39. 75001.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This section says Division 43 is known as, and may be cited as, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. ) ## 75001. This Division shall be known and may be cited as the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006. (Added November 7, 2006, by initiative Proposition 84.)
  40. 75002.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The provision states California’s view that protecting the state’s drinking water and water resources is vital.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. ) ## 75002. The people of California find and declare that protecting the state’s drinking water and water resources is vital to the public health, the state’s economy, and the environment. (Added November 7, 2006, by initiative Proposition 84.)
  41. 75002.5.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    California declares its waters vulnerable and says actions must be taken to secure safe drinking water, a reliable water supply, and protection of rivers, lakes, streams, beaches, bays, and coastal waters.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. ) ## 75002.5. The people of California further find and declare that the state’s waters are vulnerable to contamination by dangerous bacteria, polluted runoff, toxic chemicals, damage from catastrophic floods and the demands of a growing population. Therefore, actions must be taken to ensure safe drinking water and a reliable supply of water for farms, cities and businesses, as well as to protect California’s rivers, lakes, streams, beaches, bays and coastal waters, for this and future generations. (Added November 7, 2006, by initiative Proposition 84.)
  42. 75003.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This provision states California’s public goals for safe drinking water, flood protection, river and coastal protection, and community revitalization.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. ) ## 75003. The people of California further find and declare that it is necessary and in the public interest to do all of the following: (a) Ensure that safe drinking water is available to all Californians by: (1) Providing for emergency assistance to communities with contaminated sources of drinking water. (2) Assisting small communities in making the improvements needed in their water systems to clean up and protect their drinking water from contamination. (3) Providing grants and loans for safe drinking water and water pollution prevention projects. (4) Protecting the water quality of the Sacramento-San Joaquin Delta, a key source of drinking water for 23 million Californians. (5) Assisting each region of the state in improving local water supply reliability and water quality. (6) Resolving water-related conflicts, improving local and regional water self-sufficiency and reducing reliance on imported water. (b) Protect the public from catastrophic floods by identifying and mapping the areas most at risk, inspecting and repairing levees and flood control facilities, and reducing the long-term costs of flood management, reducing future flood risk and maximizing public benefits by planning, designing and implementing multi-objective flood corridor projects. (c) Protect the rivers, lakes and streams of the state from pollution, loss of water quality, and destruction of fish and wildlife habitat. (d) Protect the beaches, bays and coastal waters of the state for future generations. (e) Revitalizing our communities and making them more sustainable and livable by investing in sound land use planning, local parks and urban greening. (Added November 7, 2006, by initiative Proposition 84.)
  43. 75003.5.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    California declares that population growth and climate change create major challenges that should be addressed through planning and improvements in land use and water management.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. ) ## 75003.5. The people of California further find and declare that the growth in population of the state and the impacts of climate change pose significant challenges. These challenges must be addressed through careful planning and through improvements in land use and water management that both reduce contributions to global warming and improve the adaptability of our water and flood control systems. Improvements include better integration of water supply, water quality, flood control and ecosystem protection, as well greater water use efficiency and conservation to reduce energy consumption. (Added November 7, 2006, by initiative Proposition 84.)
  44. 75004.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The provision states that public funds invested under this division should produce public benefits.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. ) ## 75004. It is the intent of the people that investment of public funds pursuant to this division should result in public benefits. (Added November 7, 2006, by initiative Proposition 84.)
  45. 75005.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This section defines terms used in this division, including agencies, fund names, community income thresholds, and several resource-management concepts.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. ) ## 75005. As used in this division, the following terms have the following meanings: (a) “Acquisition” means the acquisition of a fee interest or any other interest in real property including easements, leases and development rights. (b) “Board” means the Wildlife Conservation Board. (c) “California Water Plan” means the California Water Plan Update Bulletin 160-05 and subsequent revisions and amendments. (d) “Delta” means the Sacramento-San Joaquin River Delta. (e) “Department” means the Department of Water Resources. (f) “Development” includes, but is not limited to the physical improvement of real property including the construction of facilities or structures. (g) “Disadvantaged community” means a community with a median household income less than 80% of the statewide average. “Severely disadvantaged community” means a community with a median household income less than 60% of the statewide average. (h) “Fund” means the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006. (i) “Interpretation” includes, but is not limited to, a visitor serving amenity that educates and communicates the significance and value of natural, historical, and cultural resources in a way that increases the understanding and enjoyment of these resources and that may utilize the expertise of a naturalist or other specialist skilled at educational interpretation. (j) “Local conservation corps” means a program operated by a public agency or nonprofit organization that meets the requirements of Section 14406. (k) “Nonprofit organization” means any nonprofit corporation qualified to do business in California, and qualified under Section 501 (c)(3) of the Internal Revenue Code. (l) “Preservation” means rehabilitation, stabilization, restoration, development, and reconstruction, or any combination of those activities. (m) “Protection” means those actions necessary to prevent harm or damage to persons, property or natural resources or those actions necessary to allow the continued use and enjoyment of property or natural resources and includes acquisition, development, restoration, preservation and interpretation. (n) “Restoration” means the improvement of physical structures or facilities and, in the case of natural systems and landscape features includes, but is not limited to, projects for the control of erosion, the control and elimination of exotic species, prescribed burning, fuel hazard reduction, fencing out threats to existing or restored natural resources, road elimination, and other plant and wildlife habitat improvement to increase the natural system value of the property. Restoration projects shall include the planning, monitoring and reporting necessary to ensure successful implementation of the project objectives. (o) “Secretary” means the Secretary of the Resources Agency. (p) “State Board” means the State Water Resources Control Board. (Added November 7, 2006, by initiative Proposition 84.)
  46. 75009.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Bond proceeds must be deposited into a newly created fund, and the money is then available for legislative appropriation for listed water, flood, conservation, and parks projects.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 1. General Provisions [75001 - 75009] ( Chapter 1 added November 7, 2006, by initiative Proposition 84. ) ## 75009. The proceeds of bonds issued and sold pursuant to this division shall be deposited in the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006, which is hereby created. Except as specifically provided in this division the money shall be available for appropriation by the Legislature, in the manner and for the purposes set forth in this division in accordance with the following schedule: (a) The sum of one billion five hundred twenty five million dollars ($1,525,000,000) for safe drinking water, water quality and other water projects in accordance with the provisions of Chapter 2. (b) The sum of eight hundred million dollars ($800,000,000) for flood control projects in accordance with the provisions of Chapter 3. (c) The sum of sixty five million dollars ($65,000,000) for statewide water management in accordance with the provisions of Chapter 4. (d) The sum of nine hundred twenty eight million dollars ($928,000,000) for the protection of rivers, lakes and streams in accordance with the provisions of Chapter 5. (e) The sum of four hundred fifty million dollars ($450,000,000) for forest and wildlife conservation in accordance with the provisions of Chapter 6. (f) The sum of five hundred forty million dollars ($540,000,000) for the protection of beaches, bays, and coastal waters and watersheds in accordance with the provisions of Chapter 7. (g) The sum of five hundred million dollars ($500,000,000) for state parks and nature education facilities in accordance with Chapter 8. (h) The sum of five hundred eighty million dollars ($580,000,000) for sustainable communities and climate change reduction projects in accordance with Chapter 9. (Added November 7, 2006, by initiative Proposition 84.)
  47. 7501.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 1. Swamp and Overflowed Lands Subsequent to September 19, 1939 [7501- 7501.] ( Article 1 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    The commission may sell state swamp and overflowed lands, but only under its rules and regulations, at a price it sets, and with cash paid to the commission.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 1. Swamp and Overflowed Lands Subsequent to September 19, 1939 [7501- 7501.] ( Article 1 added by Stats. 1943, Ch. 609. ) ## 7501. Swamp and overflowed lands belonging to the state may be sold by the commission under rules and regulations prescribed by it and at a price fixed by it, payment to be made in cash to the commission. This section shall not affect the sale of swamp and overflowed lands under any application filed with the commission prior to September 19, 1939. (Amended by Stats. 1968, Ch. 981.)
  48. 75020.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This chapter is meant to provide funds for critical water needs, including safe drinking water, water quality, environmental protection, and more reliable water supply.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. ) ## 75020. This chapter is intended to provide the funds necessary to address the most critical water needs of the state including the provision of safe drinking water to all Californians, the protection of water quality and the environment, and the improvement of water supply reliability. (Added November 7, 2006, by initiative Proposition 84.)
  49. 75021.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $10 million is made available to the Department of Health Services for grants and direct expenditures to support emergency and urgent safe drinking water actions, and grants or expenditures may not exceed $250,000 per project.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. ) ## 75021. (a) The sum of ten million dollars ($10,000,000) shall be available to the Department of Health Services for grants and direct expenditures to fund emergency and urgent actions to ensure that safe drinking water supplies are available to all Californians. Eligible projects include, but are not limited to, the following: (1) Providing alternate water supplies including bottled water where necessary to protect public health. (2) Improvements in existing water systems necessary to prevent contamination or provide other sources of safe drinking water including replacement wells. (3) Establishing connections to an adjacent water system. (4) Design, purchase, installation and initial operation costs for water treatment equipment and systems. (b) Grants and expenditures shall not exceed $250,000 per project. (c) Direct expenditures for the purposes of this section shall be exempt from contracting and procurement requirements to the extent necessary to take immediate action to protect public health and safety. (Added November 7, 2006, by initiative Proposition 84.)
  50. 75022.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $180 million is made available to the Department of Health Services for grants for small community drinking water projects, with caps on construction grants and technical assistance spending.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. ) ## 75022. The sum of one hundred eighty million dollars ($180,000,000) shall be available to the Department of Health Services for grants for small community drinking water system infrastructure improvements and related actions to meet safe drinking water standards. Priority shall be given to projects that address chemical and nitrate contaminants, other health hazards and by whether the community is disadvantaged or severely disadvantaged. Special consideration shall be given to small communities with limited financial resources. Eligible recipients include public agencies and incorporated mutual water companies that serve disadvantaged communities. The Department of Health Services may make grants for the purpose of financing feasibility studies and to meet the eligibility requirements for a construction grant. Construction grants shall be limited to $5,000,000 per project and not more than twenty five percent of a grant may be awarded in advance of actual expenditures. The Department of Health Services may expend up to $5,000,000 of the funds allocated in this section for technical assistance to eligible communities. (Added November 7, 2006, by initiative Proposition 84.)
  51. 75023.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $50 million is made available to be deposited into the Safe Drinking Water State Revolving Fund.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. ) ## 75023. For the purpose of providing the state share needed to leverage federal funds to assist communities in providing safe drinking water, the sum of fifty million dollars ($50,000,000) shall be available for deposit into the Safe Drinking Water State Revolving Fund (Section 116760.30 of the Health and Safety Code). (Added November 7, 2006, by initiative Proposition 84.)
  52. 75024.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $80 million is made available for deposit into the State Water Pollution Control Revolving Fund.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. ) ## 75024. For the purpose of providing the state share needed to leverage federal funds to assist communities in making those infrastructure investments necessary to prevent pollution of drinking water sources, the sum of eighty million dollars ($80,000,000) shall be available for deposit into the State Water Pollution Control Revolving Fund (Section 13477 of the Water Code). (Added November 7, 2006, by initiative Proposition 84.)
  53. 75025.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $60 million is made available to the Department of Health Services for loans and grants to prevent or reduce groundwater contamination, and the department must require repayment for any costs later recovered from responsible parties.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. ) ## 75025. The sum of sixty million dollars ($60,000,000) shall be available to the Department of Health Services for the purpose of loans and grants for projects to prevent or reduce contamination of groundwater that serves as a source of drinking water. The Department of Health Services shall require repayment for costs that are subsequently recovered from parties responsible for the contamination. The Legislature may enact legislation necessary to implement this section. (Added November 7, 2006, by initiative Proposition 84.)
  54. 75026.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This section sets aside $1 billion for grants and requires funded projects and regional water management plans to meet specified planning and design criteria.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. ) ## 75026. (a) The sum of one billion dollars ($1,000,000,000) shall be available to the department for grants for projects that assist local public agencies to meet the long term water needs of the state including the delivery of safe drinking water and the protection of water quality and the environment. Eligible projects must implement integrated regional water management plans that meet the requirements of this section. Integrated regional water management plans shall identify and address the major water related objectives and conflicts within the region, consider all of the resource management strategies identified in the California Water Plan, and use an integrated, multi-benefit approach to project selection and design. Plans shall include performance measures and monitoring to document progress toward meeting plan objectives. Projects that may be funded pursuant to this section must be consistent with an adopted integrated regional water management plan or its functional equivalent as defined in the department’s Integrated Regional Water Management Guidelines, must provide multiple benefits, and must include one or more of the following project elements: (1) Water supply reliability, water conservation and water use efficiency. (2) Storm water capture, storage, clean-up, treatment, and management. (3) Removal of invasive non-native species, the creation and enhancement of wetlands, and the acquisition, protection, and restoration of open space and watershed lands. (4) Non-point source pollution reduction, management and monitoring. (5) Groundwater recharge and management projects. (6) Contaminant and salt removal through reclamation, desalting, and other treatment technologies and conveyance of reclaimed water for distribution to users. (7) Water banking, exchange, reclamation and improvement of water quality. (8) Planning and implementation of multipurpose flood management programs. (9) Watershed protection and management. (10) Drinking water treatment and distribution. (11) Ecosystem and fisheries restoration and protection. (b) The Department of Water Resources shall give preference to proposals that satisfy the following criteria: (1) Proposals that effectively integrate water management programs and projects within a hydrologic region identified in the California Water Plan; the Regional Water Quality Control Board region or subdivision or other region or sub-region specifically identified by the department. (2) Proposals that effectively integrate water management with land use planning. (3) Proposals that effectively resolve significant water-related conflicts within or between regions. (4) Proposals that contribute to the attainment of one or more of the objectives of the CALFED Bay-Delta Program. (5) Proposals that address statewide priorities. (6) Proposals that address critical water supply or water quality needs for disadvantaged communities within the region. (c) Not more than 5% of the funds provided by this section may be used for grants or direct expenditures for the development, updating or improvement of integrated regional water management plans. (d) The department shall coordinate the provisions of this section with the program provided in Chapter 8 of Division 26.5 of the Water Code and may implement this section using existing Integrated Regional Water Management Guidelines. (Added November 7, 2006, by initiative Proposition 84.)
  55. 75027.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The department must allocate Section 75026 funding to the listed hydrologic regions and set up three South Coast sub-regions; it may also require separate regional plans for the Lahontan regions and use unallocated funds for multi-regional or statewide needs.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. ) ## 75027. (a) The funding provided in Section 75026 shall be allocated to each hydrologic region as identified in the California Water Plan and listed below. For the South Coast Region, the department shall establish three sub-regions that reflect the San Diego county watersheds, the Santa Ana River watershed, and the Los Angeles–Ventura County watersheds respectively, and allocate funds to those sub-regions. The North and South Lahontan regions shall be treated as one region for the purpose of allocating funds, but the department may require separate regional plans. Funds provided in Section 75026 shall be allocated according to the following schedule: (1) North Coast$37,000,000(2) San Francisco Bay$138,000,000(3) Central Coast$52,000,000(4) Los Angeles sub-region$215,000,000(5) Santa Ana sub-region$114,000,000(6) San Diego sub-region$91,000,000(7) Sacramento River$73,000,000(8) San Joaquin River$57,000,000(9) Tulare/Kern (Tulare Lake)$60,000,000(10) North/South Lahontan$27,000,000(11) Colorado River Basin$36,000,000(12) Inter-regional/Unallocated$100,000,000 (b) The interregional and unallocated funds provided in subdivision (a) may be expended directly or granted by the department to address multi-regional needs or issues of statewide significance. (Added November 7, 2006, by initiative Proposition 84.)
  56. 75028.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The department must allocate grants competitively within each identified hydrologic region or sub-region, may set procedures for local project selection, and must defer to approved local selections except for consistency review with Section 75026.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. ) ## 75028. (a) The department shall allocate grants on a competitive basis within each identified hydrologic region or sub-region pursuant to Section 75027. The department may establish standards and procedures for the development and approval of local project selection processes within hydrologic regions and sub-regions identified in Section 75027. The department shall defer to approved local project selection, and review projects only for consistency with the purposes of Section 75026. (b) If a hydrologic region or sub-region identified in Section 75027 does not have any adopted plan that meets the requirements of Section 75026 at the time of the department’s grant selection process, the funds allocated to that hydrologic region or sub-region shall not be reallocated to another region but will remain unallocated until such time as an adopted plan from the hydrologic region or sub-region is submitted to the department. (Added November 7, 2006, by initiative Proposition 84.)
  57. 75029.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The department must make $130 million available for Delta water quality improvement grants and require local agencies to share costs.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. ) ## 75029. The sum of one hundred thirty million dollars ($130,000,000) shall be available to the department for grants to implement Delta water quality improvement projects that protect drinking water supplies. The department shall require a cost share from local agencies. Eligible projects are: (a) Projects that reduce or eliminate discharges of salt, dissolved organic carbon, pesticides, pathogens and other pollutants to the San Joaquin River. Not less than forty million ($40,000,000) shall be available to implement projects to reduce or eliminate discharges of subsurface agricultural drain water from the west side of the San Joaquin Valley for the purpose of improving water quality in the San Joaquin River and the Delta. (b) Projects that reduce or eliminate discharges of bromide, dissolved organic carbon, salt, pesticides and pathogens from discharges to the Sacramento River. (c) Projects at Franks Tract and other locations in the Delta that will reduce salinity or other pollutants at agricultural and drinking water intakes. (d) Projects identified in the June 2005 Delta Region Drinking Water Quality Management Plan, with a priority for design and construction of the relocation of drinking water intake facilities for in-delta water users. (Added November 7, 2006, by initiative Proposition 84.)
  58. 75029.5.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $15 million is made available to the state board for grants to public agencies and nonprofit organizations for projects that reduce pollutant discharge from agricultural operations into the state’s surface waters.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 2. Safe Drinking Water and Water Quality Projects [75020 - 75029.5] ( Chapter 2 added November 7, 2006, by initiative Proposition 84. ) ## 75029.5. The sum of fifteen million dollars ($15,000,000) shall be available to the state board for grants to public agencies and non-profit organizations for projects that reduce the discharge of pollutants from agricultural operations into surface waters of the state. (Added November 7, 2006, by initiative Proposition 84.)
  59. 75030.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This section states that the chapter is meant to fund short-term flood control needs and support longer-term flood control strategies statewide.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. ) ## 75030. This chapter is intended to provide the funding needed to address short term flood control needs such as levee inspection and evaluation, floodplain mapping and improving the effectiveness of emergency response, and providing funding for critical immediate flood control needs throughout the state. It is also intended to provide a framework to support long term strategies that will require the establishment of more effective levee maintenance programs, better floodplain management and more balanced allocation of liability and responsibility between the federal, state and local governments. (Added November 7, 2006, by initiative Proposition 84.)
  60. 75031.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $30 million is made available to the department for floodplain mapping and related flood-risk reduction purposes.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. ) ## 75031. The sum of thirty million dollars ($30,000,000) shall be available to the department for the purposes of floodplain mapping, assisting local land-use planning, and to avoid or reduce future flood risks and damages. Eligible projects include, but are not limited to: (a) Mapping floodplains. (b) Mapping rural areas with potential for urbanization. (c) Mapping and identification of flood risk in high density urban areas. (d) Mapping flood hazard areas. (e) Updating outdated floodplain maps. (f) Mapping of riverine floodplains, alluvial fans, and coastal flood hazard areas. (g) Collecting topographic and hydrographic survey data. (Added November 7, 2006, by initiative Proposition 84.)
  61. 75032.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $275,000,000 is made available to the department for listed flood control projects.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. ) ## 75032. The sum of two hundred seventy five million dollars ($275,000,000) shall be available to the department for the following flood control projects: (a) The inspection and evaluation of the integrity and capability of existing flood control project facilities and the development of an economically viable flood control rehabilitation plan. (b) Improvement, construction, modification, and relocation of flood control levees, weirs, or bypasses including repair of critical bank and levee erosion. (c) Projects to improve the department’s emergency response capability. (d) Environmental mitigation and infrastructure relocation costs related to projects under this section. (e) To the extent feasible, the department shall implement a multi-objective management approach for floodplains that would include, but not be limited to, increased flood protection, ecosystem restoration, and farmland protection. (Added November 7, 2006, by initiative Proposition 84.)
  62. 75032.4.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Funds allocated in Sections 75031 and 75032 are continuously appropriated to the department for those sections’ purposes, despite Section 13340 of the Government Code.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. ) ## 75032.4. Notwithstanding Section 13340 of the Government Code, the funds allocated in Sections 75031 and 75032 are continuously appropriated to the department for the purposes of those sections. (Added November 7, 2006, by initiative Proposition 84.)
  63. 75032.5.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $40 million is made available to the department for Flood Protection Corridor projects that comply with Water Code Section 79037.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. ) ## 75032.5. The sum of forty million dollars ($40,000,000) shall be available to the department for Flood Protection Corridor projects that are consistent with Water Code Section 79037. (Added November 7, 2006, by initiative Proposition 84.)
  64. 75033.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $275,000,000 is made available to the department for Delta flood control projects.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. ) ## 75033. The sum of two hundred seventy five million dollars ($275,000,000) shall be available to the department for flood control projects in the Delta designed to increase the department’s ability to respond to levee breaches and to reduce the potential for levee failures. The funds provided by this section shall be available for the following purposes: (a) Projects to improve emergency response preparedness. (b) Local assistance under the delta levee maintenance subventions program under Part 9 (commencing with Section 12980) of Division 6 of the Water Code. (c) Special flood protection projects under Chapter 2 (commencing with Section 12310) of Part 4.8 of Division 6 of the Water Code, including projects for the acquisition, preservation, protection and restoration of Delta lands for the purpose of flood control and to meet multiple objectives such as drinking water quality ecosystem restoration and water supply reliability. (d) All projects shall be subject to the provisions of Water Code Section 79050. (Added November 7, 2006, by initiative Proposition 84.)
  65. 75034.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $180 million is made available to the department for specified flood control and flood prevention funding.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 3. Flood Control [75030 - 75034] ( Chapter 3 added November 7, 2006, by initiative Proposition 84. ) ## 75034. The sum of one hundred eighty million dollars ($180,000,000) shall be available to the department for the purposes of funding the state’s share of the nonfederal costs of flood control and flood prevention projects for which assurances required by the federal government have been provided by a local agency and which have been authorized under the State Water Resources Law of 1945 (Chapter 1 (commencing with Section 12570) and Chapter 2 (commencing with Section 12639) of Part 6 of Division 6 of the Water Code), the Flood Control Law of 1946 (Chapter 3 (commencing with Section 12800) of Part 6 of Division 6 of the Water Code), and the California Watershed Protection and Flood Prevention Law (Chapter 4 (commencing with Section 12850) of Part 6 of Division 6 of the Water Code), including the credits and loans to local agencies pursuant to Sections 12585.3 and 12585.4, subdivision (d) of Section 12585.5, and Sections 12866.3 and 12866.4 of the Water Code, and to implement Chapter 3.5 (commencing with Section 12840) of Part 6 of Division 6 of the Water Code. Projects eligible for funding pursuant to this section shall comply with the requirements of AB 1147 (Statutes of 2000, Chapter 1071). (Added November 7, 2006, by initiative Proposition 84.)
  66. 75041.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 4. Statewide Water Planning and Design [75041- 75041.] ( Chapter 4 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $65 million is made available to the department for planning and feasibility studies on California water supply, conveyance, and flood control systems.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 4. Statewide Water Planning and Design [75041- 75041.] ( Chapter 4 added November 7, 2006, by initiative Proposition 84. ) ## 75041. The sum of sixty five million dollars ($65,000,000) shall be available to the department for planning and feasibility studies related to the existing and potential future needs for California’s water supply, conveyance and flood control systems. The studies shall be designed to promote integrated, multi-benefit approaches that maximize the public benefits of the overall system including protection of the public from floods, water supply reliability, water quality, and fish, wildlife and habitat protection and restoration. Projects to be funded include: (a) Evaluation of climate change impacts on the state’s water supply and flood control systems and the development of system redesign alternatives to improve adaptability and public benefits. (b) Surface water storage planning and feasibility studies pursuant to the CALFED Bay-Delta Program. (c) Modeling and feasibility studies to evaluate the potential for improving flood protection and water supply through coordinating groundwater storage and reservoir operations. (d) Other planning and feasibility studies necessary to improve the integration of flood control and water supply systems. (Added November 7, 2006, by initiative Proposition 84.)
  67. 75050.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 5. Protection of Rivers, Lakes and Streams [75050 - 75050.4] ( Chapter 5 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This section makes $928 million available for river, lake, stream, watershed, and related restoration projects, with specific amounts assigned to named agencies and programs.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 5. Protection of Rivers, Lakes and Streams [75050 - 75050.4] ( Chapter 5 added November 7, 2006, by initiative Proposition 84. ) ## 75050. The sum of nine hundred twenty eight million dollars ($928,000,000) shall be available for the protection and restoration of rivers, lakes and streams, their watersheds and associated land, water, and other natural resources in accordance with the following schedule: (a) The sum of one hundred eighty million dollars ($180,000,000) shall be available to the Department of Fish and Game, in consultation with the department, for Bay-Delta and coastal fishery restoration projects. Of the funds provided in this section, up to $20,000,000 shall be available for the development of a natural community conservation plan for the CALFED Bay-Delta Program and up to $45,000,000 shall be available for coastal salmon and steelhead fishery restoration projects that support the development and implementation of species recovery plans and strategies for salmonid species listed as threatened or endangered under state or federal law. (b) The sum of ninety million dollars ($90,000,000) shall be available for projects related to the Colorado River in accordance with the following schedule: (1) Not more than $36,000,000 shall be available to the department for water conservation projects that implement the Allocation Agreement as defined in the Quantification Settlement Agreement. (2) Not more than $7,000,000 shall be available to the Department of Fish and Game for projects to implement the Lower Colorado River Multi-Species Habitat Conservation Plan. (3) $47,000,000 shall be available for deposit into the Salton Sea Restoration Fund. (c) The sum of fifty four million dollars ($54,000,000) shall be available to the department for development, rehabilitation, acquisition, and restoration costs related to providing public access to recreation and fish and wildlife resources in connection with state water project obligations pursuant to Water Code Section 11912. (d) The sum of seventy two million dollars ($72,000,000) shall be available to the secretary for projects in accordance with the California River Parkways Act of 2004 Chapter 3.8 (commencing with Section 5750) of Division 5. Up to $10,000,000 may be transferred to the Department of Conservation for the Watershed Coordinator Grant Program. (e) The sum of eighteen million dollars ($18,000,000) shall be available to the department for the Urban Streams Restoration Program pursuant to Water Code Section 7048. (f) The sum of thirty six million dollars ($36,000,000) shall be available for river parkway projects to the San Joaquin River Conservancy. (g) The sum of seventy two million dollars ($72,000,000) shall be available for projects within the watersheds of the Los Angeles and San Gabriel Rivers according to the following schedule: (1) $36,000,000 to the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy pursuant to Division 22.8 (commencing with Section 32600). (2) $36,000,000 to the Santa Monica Mountains Conservancy for implementation of watershed protection activities throughout the watershed of the Upper Los Angeles River pursuant to Section 79508 of the Water Code. (h) The sum of thirty six million dollars ($36,000,000) shall be available for the Coachella Valley Mountains Conservancy. (i) The sum of forty five million dollars ($45,000,000) shall be available for projects to expand and improve the Santa Ana River Parkway. Project funding shall be appropriated to the State Coastal Conservancy for projects developed in consultation with local government agencies participating in the development of the Santa Ana River Parkway. Of the amount provided in this paragraph the sum of thirty million dollars ($30,000,000) shall be equally divided between projects in Orange, San Bernardino and Riverside Counties. (j) The sum of fifty four million dollars ($54,000,000) shall be available for the Sierra Nevada Conservancy. (k) The sum of thirty six million dollars ($36,000,000) shall be available for the California Tahoe Conservancy. (l) The sum of forty five million dollars ($45,000,000) shall be available to the California Conservation Corps for resource conservation and restoration projects and for facilities acquisition, development, restoration, and rehabilitation and for grants and state administrative costs, in accordance with the following schedule: (1) The sum of twenty five million dollars ($25,000,000) shall be available for projects to improve public safety and improve and restore watersheds including regional and community fuel load reduction projects on public lands, and stream and river restoration projects. Not less than 50% of these funds shall be in the form of grants to local conservation corps. (2) The sum of twenty million dollars ($20,000,000) shall be available for grants to local conservation corps for acquisition and development of facilities to support local conservation corps programs, and for local resource conservation activities. (m) The sum of ninety million dollars ($90,000,000) to the state board for matching grants to local public agencies for the reduction and prevention of stormwater contamination of rivers, lakes, and streams. The Legislature may enact legislation to implement this subdivision. (n) The sum of one hundred million dollars ($100,000,000) shall be available to the secretary for the purpose of implementing a court settlement to restore flows and naturally-reproducing and self-sustaining populations of salmon to the San Joaquin River between Friant Dam and the Merced River. These funds shall be available for channel and structural improvements, and related research pursuant to the court settlement. The secretary is authorized to enter into a cost-sharing agreement with the United States Secretary of the Interior and other parties, as necessary, to implement this provision. (Added November 7, 2006, by initiative Proposition 84.)
  68. 75050.2.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 5. Protection of Rivers, Lakes and Streams [75050 - 75050.4] ( Chapter 5 added November 7, 2006, by initiative Proposition 84. )

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    The state board must create grant-selection guidelines, prefer certain water-quality projects, and require grant recipients to assess and report project effectiveness.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 5. Protection of Rivers, Lakes and Streams [75050 - 75050.4] ( Chapter 5 added November 7, 2006, by initiative Proposition 84. ) ## 75050.2. (a) The state board shall develop project selection and evaluation guidelines for the allocation of funds made available pursuant to subdivision (m) of Section 75050. Upon appropriation, the funds shall be available for matching grants to local public agencies, not to exceed five million dollars ($5,000,000) per project, for projects to achieve any of the following purposes in accordance with the requirements of that subdivision: (1) Complying with total maximum daily load requirements established pursuant to Section 303(d) of the Clean Water Act (33 U.S.C. Sec. 1313(d)) and this division where pollutant loads have been allocated to stormwater, including, but not limited to, metals, pathogens, and trash pollutants. (2) Assistance in implementing low-impact development and other onsite and regional practices, on public and private lands, that seek to maintain predevelopment hydrology for existing and new development and redevelopment projects. Projects funded pursuant to this paragraph shall be designed to infiltrate, filter, store, evaporate, or retain runoff in close proximity to the source of water. (3) Implementing treatment and source control practices to meet design and performance standard requirements for new development. (4) Treating and recycling stormwater discharge. (5) Implementing improvements to combined municipal sewer and stormwater systems. (6) Implementing best management practices, and other measures, required by municipal stormwater permits issued by a California regional water quality control board or the state board. (7) Assessing project effectiveness, including, but not limited to, monitoring receiving water quality, determining pollutant load reductions, and assessing improvements in stormwater discharge water quality. (b) (1) For the purpose of implementing subdivision (a), the state board shall give preference to a project that does one or more of the following: (A) Supports sustained, long-term water quality improvements. (B) Is coordinated or consistent with any applicable integrated regional water management plan. (2) The allocation of funds pursuant to this section shall be consistent with water quality control plans and Section 75072. (c) The state board shall require grant recipients for projects described in subdivision (a) to assess and report on project effectiveness, which may include monitoring receiving water quality, determining pollutant load reductions, and assessing improvements in stormwater discharge water quality resulting from project implementation. (Added by Stats. 2007, Ch. 610, Sec. 4. Effective January 1, 2008.)
  69. 75050.4.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 5. Protection of Rivers, Lakes and Streams [75050 - 75050.4] ( Chapter 5 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The state board and the department must consult with each other as needed when developing project selection and evaluation guidelines for certain municipal stormwater management funding programs.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 5. Protection of Rivers, Lakes and Streams [75050 - 75050.4] ( Chapter 5 added November 7, 2006, by initiative Proposition 84. ) ## 75050.4. The state board and the department shall consult with each other, as necessary, with regard to the development of project selection and evaluation guidelines for the following financial assistance programs that are directed, in whole or in part, for municipal stormwater management, to avoid duplication and maximize water quality benefits: (a) Section 5096.827. (b) Subdivision (a) of Section 75026. (c) Subdivision (m) of Section 75050. (d) Subdivision (a) of Section 75060. (Added by Stats. 2007, Ch. 610, Sec. 5. Effective January 1, 2008.)
  70. 75055.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 6. Forest and Wildlife Conservation [75055- 75055.] ( Chapter 6 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This section makes $450 million available for forest and wildlife habitat protection and conservation, including specific continuous appropriations to the board and grants for listed conservation projects.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 6. Forest and Wildlife Conservation [75055- 75055.] ( Chapter 6 added November 7, 2006, by initiative Proposition 84. ) ## 75055. The sum of four hundred fifty million dollars ($450,000,000) shall be available for the protection and conservation of forests and wildlife habitat according to the following schedule: (a) Notwithstanding Section 13340 of the Government Code, the sum of one hundred eighty million dollars ($180,000,000) is continuously appropriated to the board for forest conservation and protection projects. The goal of this grant program is to promote the ecological integrity and economic stability of California’s diverse native forests for all their public benefits through forest conservation, preservation and restoration of productive managed forest lands, forest reserve areas, redwood forests and other forest types, including the conservation of water resources and natural habitats for native fish, wildlife and plants found on these lands. (b) (1) Notwithstanding Section 13340 of the Government Code, the sum of one hundred thirty five million dollars ($135,000,000) is hereby continuously appropriated to the board for the development, rehabilitation, restoration, acquisition and protection of habitat that accomplishes one or more of the following objectives: (A) Promotes the recovery of threatened and endangered species. (B) Provides corridors linking separate habitat areas to prevent fragmentation. (C) Protects significant natural landscapes and ecosystems such as old growth redwoods, mixed conifer forests and oak woodlands, riparian and wetland areas, and other significant habitat areas. (D) Implements the recommendations of California Comprehensive Wildlife Strategy, as submitted October 2005 to the United States Fish and Wildlife Service. (2) Funds authorized by this subdivision may be used for direct expenditures or for grants and for related state administrative costs, pursuant to the Wildlife Conservation Law of 1947, Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code, the Oak Woodland Conservation Act, Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code, and the California Rangeland, Grazing Land and Grassland Protection Act, commencing with Section 10330 of Division 10.4. Funds scheduled in this subdivision may be used to prepare management plans for properties acquired by the Wildlife Conservation Board and for the development of scientific data, habitat mapping and other research information necessary to determine the priorities for restoration and acquisition statewide. (3) Up to twenty five million dollars ($25,000,000) may be granted to the University of California for the Natural Reserve System for matching grants for land acquisition and for the construction and development of facilities that will be used for research and training to improve the management of natural lands and the preservation of California’s wildlife resources. (c) The sum of ninety million dollars ($90,000,000) shall be available to the board for grants to implement or assist in the establishment of Natural Community Conservation Plans, Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code. (d) The sum of forty five million dollars ($45,000,000) shall be available for the protection of ranches, farms, and oak woodlands according the following schedule: (1) Grazing land protection pursuant to the California Rangeland, Grazing Land and Grassland Protection Act, commencing with Section 10330 of Division 10.4 . . . $15,000,000. (2) Oak Woodland Preservation pursuant to Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code . . . $15,000,000. (3) Agricultural land preservation pursuant to the California Farmland Conservancy Program Act of 1995, Article 1 (commencing with Section 10200) of Division 10.2 . . . $10,000,000. (4) To the board for grants to assist farmers in integrating agricultural activities with ecosystem restoration and wildlife protection . . . $5,000,000. (Added November 7, 2006, by initiative Proposition 84.)
  71. 75063.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 8. Parks and Nature Education Facilities [75063- 75063.] ( Chapter 8 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This section makes $500 million available for California park and nature-related purposes, including $400 million for the Department of Parks and Recreation and $100 million for grants.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 8. Parks and Nature Education Facilities [75063- 75063.] ( Chapter 8 added November 7, 2006, by initiative Proposition 84. ) ## 75063. The sum of five hundred million dollars ($500,000,000) shall be available to provide public access to the resources of the State of California, including its rivers, lakes and streams, its beaches, bays and coastal waters, to protect those resources for future generations, and to increase public understanding and knowledge of those resources, in accordance with the following schedule: (a) The sum of four hundred million dollars ($400,000,000) shall be available to the Department of Parks and Recreation for development, acquisition, interpretation, restoration and rehabilitation of the state park system and its natural, historical, and visitor serving resources. The Department of Parks and Recreation shall include the following goals in setting spending priorities for the funds appropriated pursuant to this section: (1) The restoration, rehabilitation and improvement of existing state park system lands and facilities. (2) The expansion of the state park system to reflect the growing population and shifting population centers and needs of the state. (3) The protection of representative natural resources based on the criteria and priorities identified in Section 75071. (b) The sum of one hundred million dollars ($100,000,000) shall be available to the Department of Parks and Recreation for grants for nature education and research facilities and equipment to non-profit organizations and public institutions, including natural history museums, aquariums, research facilities and botanical gardens. Eligible institutions include those that combine the study of natural science with preservation, demonstration and education programs that serve diverse populations, institutions that provide collections and programs related to the relationship of Native American cultures to the environment, and institutions for marine wildlife conservation research. Grants may be used for buildings, structures and exhibit galleries that present the collections to inspire and educate the public and for marine wildlife conservation research equipment and facilities. (Added November 7, 2006, by initiative Proposition 84.)
  72. 75065.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 9. Sustainable Communities and Climate Change Reduction [75065 - 75066] ( Chapter 9 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This section makes several funding amounts available for sustainability, urban greening, parks, and planning projects.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 9. Sustainable Communities and Climate Change Reduction [75065 - 75066] ( Chapter 9 added November 7, 2006, by initiative Proposition 84. ) ## 75065. The sum of five hundred eighty million dollars ($580,000,000) shall be available for improving the sustainability and livability of California’s communities through investment in natural resources. The purposes of this chapter include reducing urban communities’ contribution to global warming and increasing their adaptability to climate change while improving the quality of life in those communities. Funds shall be available in accordance with the following schedule: (a) The sum of ninety million dollars ($90,000,000) shall be available for urban greening projects that reduce energy consumption, conserve water, improve air and water quality, and provide other community benefits. Priority shall be given to projects that provide multiple benefits, use existing public lands, serve communities with the greatest need, and facilitate joint use of public resources and investments including schools. Implementing legislation shall provide for planning grants for urban greening programs. Not less than $20,000,000 shall be available for urban forestry projects pursuant to the California Urban Forestry Act, Chapter 2 (commencing with Section 4799.06) of Part 2.5 of Division 1. (b) The sum of four hundred million dollars ($400,000,000) shall be available to the Department of Parks and Recreation for competitive grants for local and regional parks. Funds provided in this subdivision may be allocated to existing programs or pursuant to legislation enacted to implement this subdivision, subject to the following considerations: (1) Acquisition and development of new parks and expansion of overused parks that provide park and recreational access to underserved communities shall be given preference. (2) Creation of parks in neighborhoods where none currently exist shall be given preference. (3) Outreach and technical assistance shall be provided to underserved communities to encourage full participation in the program or programs. (4) Preference shall be given to applicants that actively involve community based groups in the selection and planning of projects. (5) Projects will be designed to provide efficient use of water and other natural resources. (c) The sum of ninety million dollars ($90,000,000) shall be available for planning grants and planning incentives, including revolving loan programs and other methods to encourage the development of regional and local land use plans that are designed to promote water conservation, reduce automobile use and fuel consumption, encourage greater infill and compact development, protect natural resources and agricultural lands, and revitalize urban and community centers. (Added November 7, 2006, by initiative Proposition 84.)
  73. 75066.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 9. Sustainable Communities and Climate Change Reduction [75065 - 75066] ( Chapter 9 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Funds under Section 75065 subdivisions (a) and (c) may be appropriated only after legislation is enacted to implement the relevant subdivision.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 9. Sustainable Communities and Climate Change Reduction [75065 - 75066] ( Chapter 9 added November 7, 2006, by initiative Proposition 84. ) ## 75066. Appropriation of the funds provided in subdivisions (a) and (c) of Section 75065 may only be made upon enactment of legislation to implement that subdivision. (Added November 7, 2006, by initiative Proposition 84.)
  74. 75070.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Any proposed activity or project financed under this division must comply with the California Environmental Quality Act.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75070. Every proposed activity or project to be financed pursuant to this division shall be in compliance with the California Environmental Quality Act, Division 13 (commencing with Section 21000). (Added November 7, 2006, by initiative Proposition 84.)
  75. 75070.4.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Real property acquisitions under Chapters 5 through 9 must be from willing sellers.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75070.4. Acquisitions of real property pursuant to Chapters 5, 6, 7, 8, and 9 shall be from willing sellers. (Added November 7, 2006, by initiative Proposition 84.)
  76. 75070.5.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

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    No more than 5% of funds allocated to any program in this division may be used for administration costs.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75070.5. Not more than 5% of the funds allocated to any program in this division may be used to pay the costs incurred in the administration of that program. (Added November 7, 2006, by initiative Proposition 84.)
  77. 75071.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Some agencies must prioritize qualifying natural-resource projects, and an agency must file and post an explanation at least 14 days before approving a funded acquisition project.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75071. In evaluating potential projects that include acquisition or restoration for the purpose of natural resource protection, the Department of Parks and Recreation, the board, and the State Coastal Conservancy shall give priority to projects that demonstrate one or more of the following characteristics: (a) Landscape/Habitat Linkages: properties that link to, or contribute to linking, existing protected areas with other large blocks of protected habitat. Linkages must serve to connect existing protected areas, facilitate wildlife movement or botanical transfer, and result in sustainable combined acreage. (b) Watershed Protection: projects that contribute to long-term protection of and improvement to the water and biological quality of the streams, aquifers, and terrestrial resources of priority watersheds of the major biological regions of the state as identified by the Resources Agency. (c) Properties that support relatively large areas of under-protected major habitat types. (d) Properties that provide habitat linkages between two or more major biological regions of the state. (e) Properties for which there is a non-state matching contribution toward the acquisition, restoration, stewardship or management costs. Matching contributions can be either monetary or in the form of services, including volunteer services. (f) At least fourteen days before approving an acquisition project funded by this division, an agency subject to this section shall submit to the Resources Agency and post on its website an explanation as to whether and how the proposed acquisition meets criteria established in this section. (Added November 7, 2006, by initiative Proposition 84.)
  78. 75071.5.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The Department of Parks and Recreation, the board, and the State Coastal Conservancy must work with the U.S. Department of Defense to coordinate buffer areas around military facilities, and agencies may fund projects that fit this section if consistent with the division.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75071.5. The Department of Parks and Recreation, the board, and the State Coastal Conservancy shall work with the United States Department of Defense to coordinate the development of buffer areas around military facilities that facilitate the continued operation of those facilities and promote the conservation and recreation goals of the state. To the extent consistent with this division, agencies may provide funding to support projects that meet the purposes of this section. (Added November 7, 2006, by initiative Proposition 84.)
  79. 75072.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Up to 10% of program funds under this division may be used for planning and monitoring for project design, selection, and implementation.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75072. Up to 10 percent of funds allocated for each program funded by this division may be used to finance planning and monitoring necessary for the successful design, selection, and implementation of the projects authorized under that program. This provision shall not otherwise restrict funds ordinarily used by an agency for “preliminary plans,” “working drawings,” and “construction” as defined in the Annual Budget Act for a capital outlay project or grant project. Water quality monitoring shall be integrated into the Surface Water Ambient Monitoring Program administered by the state board. (Added November 7, 2006, by initiative Proposition 84.)
  80. 75072.5.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    For Section 75060(e), Monterey Bay and its watersheds are treated as the watersheds of specified rivers and streams in Santa Cruz and Monterey Counties that flow to Monterey Bay and extend southward to the Carmel River watershed.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75072.5. For the purposes of Section 75060 (e), “Monterey Bay and its watersheds” shall be considered to be watersheds of those rivers and streams in Santa Cruz and Monterey Counties flowing to the Monterey Bay southward to, and including, the Carmel River watershed. (Added November 7, 2006, by initiative Proposition 84.)
  81. 75072.6.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    For Section 75060(f), “San Diego Bay and adjacent watersheds” includes the coastal and bay watersheds within San Diego County.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75072.6. For purposes of Section 75060 (f), “San Diego Bay and adjacent watersheds” includes the coastal and bay watersheds within San Diego County. (Added November 7, 2006, by initiative Proposition 84.)
  82. 75072.7.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    For Section 75060(d), “Santa Monica Bay and watershed” is defined to include certain coastal and bay watersheds in Ventura and Los Angeles Counties.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75072.7. For purposes of Section 75060 (d), “Santa Monica Bay and watershed” includes the coastal and bay watersheds in Ventura and Los Angeles Counties from Calleguas Creek southward to the San Gabriel River. (Added November 7, 2006, by initiative Proposition 84.)
  83. 75073.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Some funds may be used to reimburse the General Fund if they are not designated for competitive grant programs.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75073. Funds scheduled in Chapter 5, 6, 7 and 8 of this division that are not designated for competitive grant programs may also be used for the purposes of reimbursing the General Fund, pursuant to the Natural Heritage Preservation Tax Credit Act of 2000 (Division 28 (commencing with Section 37000)). (Added November 7, 2006, by initiative Proposition 84.)
  84. 75074.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    For projects or programs funded under these chapters, the funds may be used to the fullest extent allowed by the statute governing the program or conservancy receiving the funds.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75074. In enacting Chapters 5, 6, 7 and 8 of this division it is the intent of the people that when a project or program is funded herein, funds for such program or project may be used to the full extent authorized by the statute governing the program or conservancy receiving such funds. (Added November 7, 2006, by initiative Proposition 84.)
  85. 75075.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    A public works contract awarder must adopt and enforce, or hire a third party to enforce, a labor compliance program for the project when the project is financed partly from funds made available under this division.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75075. The body awarding any contract for a public works project financed in any part from funds made available pursuant to this division shall adopt and enforce, or contract with a third party to enforce, a labor compliance program pursuant to subdivision (b) of Labor Code Section 1771.5 for application to that public works project. (Added November 7, 2006, by initiative Proposition 84.)
  86. 75076.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This section says a specific Government Code procedure does not apply to developing and adopting program guidelines and selection criteria under this division.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75076. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of program guidelines and selection criteria adopted pursuant to this division. (Amended by Stats. 2008, Ch. 729, Sec. 1. Effective January 1, 2008. Note: This section was added on Nov. 7, 2006, by initiative Prop. 84. Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added by initiative Prop. 84 prevail over any conflicting provision of Ch. 729 (including this amendment).)
  87. 75077.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Funds provided under this division, and any appropriation or transfer of those funds, are not to be treated as a transfer of funds for Chapter 9 of Division 3 of the Fish and Game Code.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75077. Funds provided pursuant to this division, and any appropriation or transfer of those funds, shall not be deemed to be a transfer of funds for the purposes of Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Game Code. (Amended by Stats. 2008, Ch. 729, Sec. 2. Effective January 1, 2008. Note: This section was added on Nov. 7, 2006, by initiative Prop. 84. Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added by initiative Prop. 84 prevail over any conflicting provision of Ch. 729 (including this amendment).)
  88. 75078.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The Secretary must arrange an independent audit of expenditures and must publish and post a list of program and project expenditures.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75078. The Secretary shall provide for an independent audit of expenditures pursuant to this division to ensure that all moneys are expended in accordance with the requirements of this division. The secretary shall publish a list of all program and project expenditures pursuant to this division not less than annually, in written form, and shall post an electronic form of the list on the Resources Agency’s Internet Website. (Added November 7, 2006, by initiative Proposition 84.)
  89. 75079.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The Secretary must appoint a citizen advisory committee to review the annual audit and recommend actions to help agencies carry out this division’s intent and purposes.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 10. Miscellaneous Provisions [75070 - 75079] ( Chapter 10 added November 7, 2006, by initiative Proposition 84. ) ## 75079. The Secretary shall appoint a citizen advisory committee to review the annual audit and to identify and recommend actions to ensure that the intent and purposes of this division are met by the agencies responsible for implementation of this division. (Added November 7, 2006, by initiative Proposition 84.)
  90. 75080.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The section authorizes issuance and sale of up to $5,388,000,000 in bonds, with proceeds deposited into the specified fund and the State of California backing repayment.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75080. Bonds in the total amount of five billion three hundred and eighty eight million dollars ($5,388,000,000), not including the amount of any refunding bonds issued in accordance with Section 75088, or so much thereof as is necessary, may be issued and sold to be used for carrying out the purposes set forth in this division and to be used to reimburse the General Obligation Bond Expense Revolving Fund pursuant to Section 16724.5 of the Government Code. The bond proceeds shall be deposited in the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Fund of 2006 created by Section 75009. The bonds shall, when sold, be and constitute a valid and binding obligation of the State of California, and the full faith and credit of the State of California is hereby pledged for the punctual payment of both principal of and interest on the bonds as they become due and payable. (Added November 7, 2006, by initiative Proposition 84.)
  91. 75081.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Bonds authorized by this division must be handled under the State General Obligation Bond Law.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75081. The bonds authorized by this division shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law, Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code, and all provisions of that law shall apply to the bonds and to this division and are hereby incorporated in this division by this reference as though fully set forth in this division. (Added November 7, 2006, by initiative Proposition 84.)
  92. 75082.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This section creates a finance committee for bond issuance, names its members, and assigns the Treasurer as chair. It also lets a majority act for the committee and designates the secretary as “the board” for this chapter and the State General Obligation Bond Law.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75082. (a) Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law, of the bonds authorized by this division, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Finance Committee is hereby created. For purposes of this division, the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Finance Committee is “the committee” as that term is used by the State General Obligation Bond Law. The committee shall consist of the Controller, the Director of Finance, and the Treasurer, or their designated representatives. The Treasurer shall serve as chairperson of the committee. A majority of the committee may act for the committee. (b) For purposes of this chapter and the State General Obligation Bond Law, the secretary is designated as “the board.” (Added November 7, 2006, by initiative Proposition 84.)
  93. 75083.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The committee must decide whether issuing authorized bonds is necessary or desirable, and if so, how much to issue and sell.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75083. The committee shall determine whether or not it is necessary or desirable to issue bonds authorized pursuant to this division in order to carry out the actions specified in this division and, if so, the amount of bonds to be issued and sold. Successive issues of bonds may be authorized and sold to carry out those actions progressively, and it is not necessary that all of the bonds authorized to be issued be sold at any one time. (Added November 7, 2006, by initiative Proposition 84.)
  94. 75084.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    State revenue officers must annually collect an additional sum needed to pay principal and interest on the bonds maturing each year.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75084. There shall be collected annually in the same manner and at the same time as other state revenue is collected, in addition to the ordinary revenues of the state, a sum in an amount required to pay the principal of, and interest on, the bonds maturing each year, and it is the duty of all officers charged by law with any duty in regard to the collection of the revenue to do so and perform each and every act that is necessary to collect that additional sum. (Added November 7, 2006, by initiative Proposition 84.)
  95. 75085.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The General Fund is appropriated for this division’s purposes, including paying bond principal and interest when due and funding Section 75086.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75085. Notwithstanding Section 13340 of the Government Code, there is hereby appropriated from the General Fund, for purposes of this division, an amount that will equal the total of the following: (a) The sum annually necessary to pay the principal of, and interest on, bonds issued and sold pursuant to this division, as the principal and interest become due and payable. (b) The sum which is necessary to carry out the provisions of Section 75086, appropriated without regard to fiscal years. (Added November 7, 2006, by initiative Proposition 84.)
  96. 75086.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The Director of Finance may authorize withdrawals from the General Fund to carry out this division, but only up to the amount of unsold bonds authorized for sale for that purpose.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75086. For the purposes of carrying out this division, the Director of Finance may authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds that have been authorized to be sold for the purpose of carrying out this division. Any amounts withdrawn shall be deposited in the fund. Any money made available under this section shall be returned to the General Fund, plus the interest that the amounts would have earned in the Pooled Money Investment Account, from money received from the sale of bonds that would otherwise be deposited in that fund. (Added November 7, 2006, by initiative Proposition 84.)
  97. 75087.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Money from bond premiums and accrued interest must be reserved and can be transferred to the General Fund to credit bond-interest expenditures.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75087. All money derived from premium and accrued interest on bonds sold shall be reserved and shall be available for transfer to the General Fund as a credit to expenditures for bond interest. (Added November 7, 2006, by initiative Proposition 84.)
  98. 75088.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    Bonds issued or sold under this division may be refunded by issuing refunding bonds.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75088. Any bonds issued or sold pursuant to this division may be refunded by the issuance of refunding bonds in accordance with Article 6 (commencing with Section 16780) of Chapter 4 of Part 3 of Division 4 of Title 2 of the Government Code. Approval by the electors of the state for the issuance of the bonds shall include approval of the issuance of any bonds issued to refund any bonds originally issued or any previously issued refunding bonds. (Added November 7, 2006, by initiative Proposition 84.)
  99. 75089.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    $105 million of unissued bonds is reallocated and must be handled under Division 26.7 of the Water Code.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75089. Notwithstanding any other law, one hundred five million dollars ($105,000,000) of the unissued bonds authorized for the purposes of this division are reallocated for the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 26.7 (commencing with Section 79700) of the Water Code. The funds available for reallocation shall be made on a pro-rata basis from each bond allocation of this division. (Added by Stats. 2014, Ch. 188, Sec. 2. (AB 1471) Approved in Proposition 1 at the November 4, 2014, election.)
  100. 75089.5.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    This section reallocates specified unissued bond funds and requires them to be authorized, issued, and appropriated under Division 45.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75089.5. Notwithstanding any other law, twelve million dollars ($12,000,000) of the unissued bonds authorized for the purpose of subdivision (a) of Section 75063, three hundred fifteen thousand dollars ($315,000) of the unissued bonds authorized for the purposes of subdivision (b) of Section 75063, and four million three hundred twenty-eight thousand dollars ($4,328,000) of the unissued bonds authorized for the purposes of subdivision (b) of Section 75065 are reallocated to finance the purposes of, and shall be authorized, issued, and appropriated in accordance with, Division 45 (commencing with Section 80000). (Added by Stats. 2017, Ch. 852, Sec. 2. Approved in Proposition 68 at the June 5, 2018, election.)
  101. 75090.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. )

    Verify source ↗

    The section says bond-sale proceeds under this division are not treated as “proceeds of taxes,” and their disbursement is not subject to the Article XIII B limitation.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 11. Fiscal Provisions [75080 - 75090] ( Chapter 11 added November 7, 2006, by initiative Proposition 84. ) ## 75090. The people of California hereby find and declare that inasmuch as the proceeds from the sale of bonds authorized by this division are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitation imposed by that article. (Added November 7, 2006, by initiative Proposition 84.)
  102. 751.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    This section states that California has a public interest in managing and treating forest resources and timberlands, and it supports regulation of forestry professionals whose work affects forest ecology and forest conditions.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 751. The purpose of this article is to declare the existence of a public interest in the management and treatment of the forest resources and timberlands of this state and to provide for the regulation of persons who practice the profession of forestry and whose activities have an impact upon the ecology of forested landscapes and the quality of the forest environment, and through that regulation to enhance the control of air and water pollution, the preservation of scenic beauty, the protection of watersheds by flood and soil erosion control, the production and increased yield of natural resources, including timber, forage, wildlife, and water, and outdoor recreation, to meet the needs of the people. (Amended by Stats. 1993, Ch. 784, Sec. 1. Effective January 1, 1994.)
  103. 75100.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 12. Implementation Provisions [75100 - 75104] ( Chapter 12 added by Stats. 2008, Ch. 729, Sec. 3. )

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    State agencies that disburse competitive grants under this division must create grant guidelines and follow notice, meeting, and reporting steps before finalizing them.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 12. Implementation Provisions [75100 - 75104] ( Chapter 12 added by Stats. 2008, Ch. 729, Sec. 3. ) ## 75100. (a) (1) Each state agency disbursing a competitive grant pursuant to this division shall develop project solicitation and evaluation guidelines. The guidelines may include a limitation on the size of a competitive grant to be awarded. (2) Prior to disbursing a competitive grant, each state agency shall conduct at least one public meeting to consider public comments prior to finalizing the guidelines. Each state agency shall publish the draft solicitation and evaluation guidelines on its Internet Web site at least 30 days before the public meetings. Meetings shall be held at geographically appropriate locations. Upon adoption, each state agency shall transmit copies of the guidelines to the fiscal committees and the appropriate policy committees of the Legislature. To the extent feasible, each state agency shall provide outreach to disadvantaged communities to promote access and participation in those meetings. (3) The guidelines may include a requirement for the applicant to illustrate an ongoing commitment of financial resources, unless the purposes of awarding a grant financed by this division is to assist a disadvantaged community. (4) The guidelines shall require a new grant solicitation for each funding cycle. Each funding cycle shall consider only those applications received as a part of the solicitation for that funding cycle. (b) Notwithstanding subdivision (a), a state agency, in lieu of adopting guidelines pursuant to subdivision (a), may use guidelines existing on January 1, 2007, and those guidelines as periodically amended thereafter. (Added by Stats. 2008, Ch. 729, Sec. 3. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  104. 75101.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 12. Implementation Provisions [75100 - 75104] ( Chapter 12 added by Stats. 2008, Ch. 729, Sec. 3. )

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    Recovered contamination cleanup costs must be repaid into the Groundwater Contamination Cleanup Project Fund, and grantees and the state board have specific spending, review, and public notice duties.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 12. Implementation Provisions [75100 - 75104] ( Chapter 12 added by Stats. 2008, Ch. 729, Sec. 3. ) ## 75101. (a) (1) Costs subsequently recovered from a party responsible for the contamination pursuant to Section 75025 shall be repaid to the state board and deposited in the Groundwater Contamination Cleanup Project Fund, which is hereby created in the State Treasury. Costs recovered shall be separately accounted for within the Groundwater Contamination Cleanup Project Fund. (2) Moneys in the Groundwater Contamination Cleanup Project Fund are available, upon appropriation by the Legislature, to the state board for the purpose of a grant to the grantee that received funds and subsequently recovered costs from a responsible party and repaid those costs to the state in the following priority order: (A) Projects and activities to clean up areas of groundwater contamination within the grantee’s jurisdiction where the initial grant awarded pursuant to Section 75025 is insufficient to pay for the full costs of the cleanup. (B) Projects and activities to clean up additional areas of groundwater contamination within the grantee’s jurisdiction. (3) (A) The total amount of the grant awarded pursuant to Section 75025 and the amount awarded pursuant to this subdivision shall not exceed the grantee’s total costs to clean up contaminated groundwater or prevent the contamination of groundwater. (B) If costs recovered by the grantee and deposited in the Groundwater Contamination Cleanup Project Fund exceed the amount that may be awarded as a grant pursuant to the limit in subparagraph (A), the excess moneys shall be available to the state board, upon appropriation by the Legislature, for expenditure on orphan groundwater contamination cleanup projects. The state board shall consult with the Department of Toxic Substances Control when considering expenditures on orphan groundwater contamination cleanup projects. (4) The grantee shall use an amount awarded pursuant to this subdivision for groundwater contamination cleanup activities for groundwater that is a primary source of drinking water, including, but not limited to, ongoing treatment and remediation activities in accordance with the purposes of Section 75025. (5) When seeking grant funds pursuant to paragraph (2), a grantee shall submit an expenditure plan to the state board for projects consistent with this subdivision. The state board shall review the submitted expenditure plan and consult with the Department of Toxic Substances Control for sites where the Department of Toxic Substances Control is the lead state agency. The state board shall notify the grantee if the expenditure plan is approved, and if approved, the state board shall disburse the funds. (6) Grants awarded pursuant to this subdivision may be used for capital costs and treatment and remediation activities. (7) Commencing no later than July 1, 2015, and annually thereafter until the grantee’s funds are expended, a grantee of funds awarded pursuant to this subdivision shall provide public notice, by posting a list on the grantee’s Internet Web site, of projects and activities that receive grant funds pursuant to this subdivision and the amount of those funds. (8) As used in this subdivision, “costs subsequently recovered from a party responsible for the contamination” means the amount of any judgment or settlement received by a grantee of funds received pursuant to Section 75025 from a responsible party that is attributable to costs funded by the grant received pursuant to Section 75025, less all reasonable and necessary costs of response incurred by the grantee of funds received pursuant to Section 75025 to recover these funds. Attorney’s fees may be considered reasonable and necessary costs of response if the attorney’s efforts are for identifying potentially responsible parties, but not if incurred in pursuit of litigation, consistent with the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601 et seq.), and Key Tronic Corp. v. U.S. (511 U.S. 809 (1994)). (9) The state board may use moneys in the Groundwater Contamination Cleanup Project Fund, upon appropriation by the Legislature, for the costs of administering this subdivision. (b) The state board may directly recover moneys from a party responsible for contamination addressed by a loan or grant pursuant to Section 75025 in accordance with the procedures described in subdivision (c) of Section 13304 of the Water Code. The state board, upon appropriation by the Legislature, may use moneys in the Groundwater Contamination Cleanup Project Fund for this purpose. If moneys from the Groundwater Contamination Cleanup Project Fund are used for legal costs pursuant to this subdivision, moneys recovered by a judgment in favor of the state board shall be deposited in that fund. (c) For the purposes of implementing subdivision (a) of Section 75050, the Department of Fish and Wildlife, when funding a natural community conservation plan, shall fund only the development of a natural community conservation plan that is consistent with the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code). (d) The San Francisco Bay Area Conservancy may use the funds made available pursuant to subdivision (c) of Section 75060 to restore the salt ponds in the south San Francisco Bay and to create trails and visitor facilities for public use in that area. (Amended by Stats. 2014, Ch. 349, Sec. 1. (AB 1043) Effective January 1, 2015. Note: This section was added by Stats. 2008, Ch. 729. Pursuant to Sec. 5 of Ch. 729, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  105. 75102.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 12. Implementation Provisions [75100 - 75104] ( Chapter 12 added by Stats. 2008, Ch. 729, Sec. 3. )

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    Before certain environmental review documents are adopted, the lead agency must notify a California Native American tribe on the Heritage Commission’s contact list if the tribe has traditional lands in the project area.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 12. Implementation Provisions [75100 - 75104] ( Chapter 12 added by Stats. 2008, Ch. 729, Sec. 3. ) ## 75102. Before the adoption of a negative declaration or environmental impact report required under Section 75070, the lead agency shall notify the proposed action to a California Native American tribe, which is on the contact list maintained by the Native American Heritage Commission, if that tribe has traditional lands located within the area of the proposed project. (Added by Stats. 2008, Ch. 729, Sec. 3. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  106. 75103.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 12. Implementation Provisions [75100 - 75104] ( Chapter 12 added by Stats. 2008, Ch. 729, Sec. 3. )

    Verify source ↗

    Public funds made available under this division for investor-owned utilities regulated by the Public Utilities Commission should benefit ratepayers or the public, not investors.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 12. Implementation Provisions [75100 - 75104] ( Chapter 12 added by Stats. 2008, Ch. 729, Sec. 3. ) ## 75103. It is the intent of the Legislature that any public funds made available by this division to investor-owned utilities regulated by the Public Utilities Commission should be for the benefit of the ratepayers or the public and not the investors pursuant to oversight by the Public Utilities Commission. (Added by Stats. 2008, Ch. 729, Sec. 3. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  107. 75104.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 12. Implementation Provisions [75100 - 75104] ( Chapter 12 added by Stats. 2008, Ch. 729, Sec. 3. )

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    State agencies authorized to award certain loans or grants must provide technical assistance for application preparation, including attention to economically disadvantaged communities.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 12. Implementation Provisions [75100 - 75104] ( Chapter 12 added by Stats. 2008, Ch. 729, Sec. 3. ) ## 75104. State agencies that are authorized to award a loan or grant financed by this division shall provide technical assistance with regard to the preparation of an application for a loan or grant in a manner that, among other things, addresses the needs of economically disadvantaged communities. (Added by Stats. 2008, Ch. 729, Sec. 3. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  108. 75120.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. )

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    This section defines “Council” and “Regional plan” for the chapter.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. ) ## 75120. For purposes of this chapter, the following definitions shall apply: (a) “Council” means the Strategic Growth Council established pursuant to Section 75121. (b) “Regional plan” means either of the following: (1) A long-range transportation plan developed pursuant to Section 134(g) of Title 23 of the United States Code and any applicable state requirements. (2) A regional blueprint plan, which is a regional plan that implements statutory requirements intended to foster comprehensive planning as defined in Section 65041.1 of, Chapter 2.5 (commencing with Section 65080) of Division 1 of Title 7 of, and Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of, the Government Code. A regional blueprint plan articulates regional consensus and performance outcomes on a more efficient land use pattern that supports improved mobility and reduces dependency on single-occupancy vehicle trips; accommodates an adequate supply of housing for all income levels; reduces impacts on valuable farmland, natural resources, and air quality, including the reduction of greenhouse gas emissions, increases water and energy conservation and efficiency; and promotes a prosperous economy and safe, healthy, sustainable, and vibrant neighborhoods. (Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  109. 75122.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. )

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    Council members must elect a council chair every two years.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. ) ## 75122. The members of the council shall elect a chair of the council every two years. (Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  110. 75123.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. )

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    Council meetings are generally subject to the Bagley-Keene Open Meeting Act, with specific carve-outs for certain cabinet and staff discussion meetings. The council may also sponsor public forums to gather advice on planning, sustainable development, and climate-change reduction.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. ) ## 75123. (a) A meeting of the council, including a meeting related to the development of grant guidelines and policies and the approval of grants, shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), except that, for purposes of this section, “meeting” shall not include a meeting at which: (1) Council members are meeting as members of the Governor’s cabinet. (2) Council staff and member agency staff are meeting to discuss, but not take final action on, any of the following: (A) State agency coordination to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, revitalize urban and community centers in a sustainable manner, and other priorities specified in subdivision (a) of Section 75125. (B) Preliminary policy recommendations and investment strategies to the Governor, the Legislature, and appropriate state agencies to encourage the development of sustainable communities, as set forth in subdivision (b) of Section 75125. (C) Developing grant guidelines, such as those specified in Section 75125, that are otherwise subject to public participation process requirements. (b) The council may sponsor conferences, symposia, and other public forums, to seek a broad range of public advice regarding local, regional, and natural resource planning, sustainable development, and strategies to reduce and mitigate climate change. (Amended by Stats. 2015, Ch. 606, Sec. 3. (SB 246) Effective January 1, 2016. Note: This section was added by Stats. 2008, Ch. 729. Pursuant to Sec. 5 of Ch. 729, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  111. 75124.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. )

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    $500,000 is appropriated to the Resources Agency for support of the council and its activities under this chapter, using funds available under Section 75065.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. ) ## 75124. Of the funds made available pursuant to subdivisions (a) and (c) of Section 75065, the sum of five hundred thousand dollars ($500,000) is hereby appropriated to the Resources Agency to be used in support of the council and its activities in accordance with this chapter. (Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  112. 75125.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. )

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    The council must review and coordinate state activities, recommend policies, provide data, manage grants and loans, and report annually to the Legislature.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. ) ## 75125. The council shall do all of the following: (a) Identify and review activities and funding programs of state agencies that may be coordinated to improve air and water quality, improve natural resource protection, increase the availability of affordable housing, improve transportation, meet the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code) and the strategies and priorities developed in the state’s climate adaptation strategy known as the Safeguarding California Plan adopted pursuant to Section 71152, encourage sustainable land use planning, and revitalize urban and community centers in a sustainable manner. At a minimum, the council shall review and comment on 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 Environmental Goals and Policy Report developed pursuant to Section 65041 of the Government Code. (b) Recommend policies and investment strategies and priorities to the Governor, the Legislature, and to appropriate state agencies to encourage the development of sustainable communities, such as those communities that promote equity, strengthen the economy, protect the environment, and promote public health and safety, consistent with subdivisions (a) and (c) of Section 75065. (c) Provide, fund, and distribute data and information to local governments and regional agencies that will assist in developing and planning sustainable communities. (d) Manage and award grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. To implement this subdivision, the council may do all of the following: (1) Develop guidelines for awarding financial assistance, including criteria for eligibility and additional consideration. (2) Develop criteria for determining the amount of financial assistance to be awarded. The council shall award a revolving loan to an applicant for a planning project, unless the council determines that the applicant lacks the fiscal capacity to carry out the project without a grant. The council may establish criteria that would allow the applicant to illustrate an ongoing commitment of financial resources to ensure the completion of the proposed plan or project. (3) Provide for payments of interest on loans made pursuant to this article. The rate of interest shall not exceed the rate earned by the Pooled Money Investment Board. (4) Provide for the time period for repaying a loan made pursuant to this article. (5) Provide for the recovery of funds from an applicant that fails to complete the project for which financial assistance was awarded. The council shall direct the Controller to recover funds by any available means. (6) Provide technical assistance for application preparation. (7) Designate a state agency or department to administer technical and financial assistance programs for the disbursing of grants and loans to support the planning and development of sustainable communities, pursuant to Sections 75127, 75128, and 75129. (e) Provide an annual report to the Legislature that shall include, but need not be limited to, all of the following: (1) A list of applicants for financial assistance. (2) Identification of which applications were approved. (3) The amounts awarded for each approved application. (4) The remaining balance of available funds. (5) A report on the proposed or ongoing management of each funded project. (6) Any additional minimum requirements and priorities for a project or plan proposed in a grant or loan application developed and adopted by the council pursuant to subdivision (c) of Section 75126. (Amended by Stats. 2015, Ch. 603, Sec. 3. (AB 1482) Effective January 1, 2016. Note: This section was added by Stats. 2008, Ch. 729. Pursuant to Sec. 5 of Ch. 729, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  113. 75126.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. )

    Verify source ↗

    Applicants seeking financial assistance must say they will follow a detailed budget and schedule; funded projects must meet planning and greenhouse-gas-reduction criteria, and the council may add extra application requirements.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. ) ## 75126. (a) An applicant shall declare, in the application submitted to the council for financial assistance for a plan or project pursuant to this chapter, the applicant’s intention to follow a detailed budget and schedule for the completion of the plan or project. The budget and schedule shall be of sufficient detail to allow the council to assess the progress of the applicant at regular intervals. (b) A project or plan funded pursuant to this chapter shall meet both of the following criteria: (1) Be consistent with the state’s planning policies pursuant to Section 65041.1 of the Government Code. (2) Reduce, on as permanent a basis that is feasible, greenhouse gas emissions consistent with the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and any applicable regional plan. (c) The council may develop additional minimum requirements and priorities for a project or plan proposed in a grant and loan application, including those related to improving air quality. (Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  114. 75127.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. )

    Verify source ↗

    The council must manage and award financial assistance to cities or counties for qualifying general plan work tied to sustainable communities.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. ) ## 75127. (a) To support the planning and development of sustainable communities, the council shall manage and award financial assistance to a city or county for preparing, adopting, and implementing a general plan or general plan element that is designed to reduce greenhouse gas emissions, promote water conservation, reduce automobile use and fuel consumption, encourage greater infill and compact development, protect natural resources and agricultural lands, and revitalize urban and community centers. (b) For the purposes of this section, the preparation and adoption of a general plan may include a comprehensive update of a general plan, amendment or adoption of an individual element of a general plan, or any other revision consistent with the intent of Section 75065. (c) For the purposes of this section, the implementation of a general plan may include amendment or adoption of a specific plan, community plan, zoning ordinance, or any other plan, ordinance, or policy that is consistent with the intent of Section 75065. (d) The funding provided pursuant to this section for the preparation, adoption, and implementation of a general plan may also include funding any activity necessary to conform a general plan to a regional plan. (Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  115. 75128.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. )

    Verify source ↗

    The council must manage and award financial assistance for sustainable community planning projects, and it must give first priority to applications for regional plan elements not funded with federal money.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. ) ## 75128. (a) To support the planning and development of sustainable communities, the council shall manage and award financial assistance to a council of governments, metropolitan planning organization, regional transportation planning agency, city, county, or joint powers authority, to develop, adopt or implement a regional plan or other planning instrument consistent with a regional plan that improves air and water quality, improves natural resource protection, increases the availability of affordable housing, improves transportation, meets the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code), and encourages sustainable land use. The financial assistance provided pursuant to this section shall be funded from moneys made available pursuant to subdivision (c) of Section 75065. (b) In awarding financial assistance pursuant to this section, the council shall give first priority to an application seeking funding to add or enhance elements of a regional plan that are not funded with federal moneys. (Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  116. 75129.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. )

    Verify source ↗

    The council must fund and set rules for urban greening projects and plans, and up to 25% of the allocated money may be used for revolving loans or grants for urban greening plans.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. ) ## 75129. (a) To support the planning and development of sustainable communities, the council shall manage and award financial assistance to a city, county, special district, nonprofit organization, or entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of the Government Code, if at least one of the parties to the joint powers agreement qualifies as an eligible applicant, for the preparation, planning, and implementation of an urban greening project that provides multiple benefits, including, but not limited to, a decrease in air and water pollution, a reduction in the consumption of natural resources and energy, an increase in the reliability of local water supplies, or an increased adaptability to climate change. An eligible project funded pursuant to this section shall not include a mitigation action that is required under existing law. The financial assistance provided pursuant to this section shall be funded from moneys made available pursuant to subdivision (a) of Section 75065. (b) The council shall develop minimum requirements for funding eligible projects pursuant to this section, which shall require a project to meet at least one of the following criteria: (1) Use natural systems, or systems that mimic natural systems, to achieve the benefits identified in subdivision (a). (2) Create, enhance, or expand community green spaces. (c) The multiple benefits of a project, may include, but are not limited to, the establishment or enhancement of one or more of the following: (1) Tree canopy. (2) Urban forestry. (3) Local parks and open space. (4) Greening of existing public lands and structures, including schools. (5) Multi-objective stormwater projects, including construction of permeable surfaces and collection basins and barriers. (6) Urban streams, including restoration. (7) Community, demonstration, or outdoor education gardens and orchards. (8) Urban heat island mitigation and energy conservation efforts through landscaping and green roof projects. (9) Nonmotorized urban trails that provide safe routes for both recreation and travel between residences, workplaces, commercial centers, and schools. (d) The council shall give additional consideration to a funding project pursuant to this section that meets one or more of the following criteria: (1) The project uses interagency cooperation and integration. (2) The project uses existing public lands and facilitates use of public resources and investments including schools. (3) The project is proposed by an economically disadvantaged community. (e) Up to 25 percent of the moneys allocated pursuant to subdivision (a) of Section 75065 may be used to award revolving loans or grants to a city, county, special district, nonprofit organization, council of governments, metropolitan planning organization, or entity formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of the Government Code, if at least one of the parties to the joint powers agreement qualifies as an eligible applicant, for the purpose of creating urban greening plans that will serve as the master document guiding and coordinating greening projects in the applicant’s jurisdiction. These urban greening plans shall be consistent with the jurisdiction’s general plan or regional plan, where one exists. (Amended by Stats. 2010, Ch. 632, Sec. 1. (SB 1006) Effective January 1, 2011. Note: This section was added by Stats. 2008, Ch. 729. Pursuant to Sec. 5 of Ch. 729, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  117. 75129.5.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. )

    Verify source ↗

    The council may pay public members of the California Agricultural Land Equity Task Force a reasonable per diem for meeting attendance, and it must post the required report on the council’s website.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. ) ## 75129.5. (a) Notwithstanding any other law, the council may, using existing or private funds, provide public members of the California Agricultural Land Equity Task Force, established pursuant to Provision 8 of Item 0650-001-0001 of the Budget Act of 2022 (Chapters 43, 45, and 249 of the Statutes of 2022), a reasonable per diem allowance as specified in Section 11564.5 of the Government Code, or at a higher rate that may be established by the task force, for each day’s attendance at a noticed meeting of the task force. (b) The report required pursuant to Provision 8 of Item 0650-001-0001 of the Budget Act of 2022 (Chapters 43, 45, and 249 of the Statutes of 2022) shall be posted on the council’s internet website. (Added by Stats. 2024, Ch. 917, Sec. 5. (SB 1448) Effective September 28, 2024.)
  118. 75130.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. )

    Verify source ↗

    This chapter does not let the council take action affecting a local government’s land use permitting authority.

    ## Public Resources Code - PRC ## DIVISION 43. THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 [75001 - 75130] ( Division 43 added November 7, 2006, by initiative Proposition 84, a bond act. ) ## CHAPTER 13. Strategic Growth Council and Climate Change Reduction [75120 - 75130] ( Chapter 13 added by Stats. 2008, Ch. 729, Sec. 4. ) ## 75130. This chapter does not authorize the council to take an action with regard to the exercise of a local government’s land use permitting authority. (Added by Stats. 2008, Ch. 729, Sec. 4. Effective January 1, 2008. Note: Pursuant to Stats. 2008, Ch. 729, Sec. 5, the provisions of Division 43 added on Nov. 7, 2006, by initiative Prop. 84 (Sections 75001 to 75090) prevail over any conflicting provision of Ch. 729.)
  119. 752.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

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    A professional forester may perform forestry services only within areas of competence gained through training or experience, and may need to use other qualified experts when the work requires expertise beyond their own.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 752. (a) “Professional forester,” as used in this article, means a person who, by reason of their knowledge of the natural sciences, mathematics, and the principles of forestry, acquired by forestry education and experience, performs services, including, but not limited to, consultation, investigation, evaluation, planning, or responsible supervision of forestry activities when those professional services require the application of forestry principles and techniques. (b) A professional forester is licensed to perform forestry services only in those areas of expertise in which the person is fully competent as a result of training or experience. In order for a professional forester to fulfill all of their responsibilities with regard to a particular activity on a site, if the expertise that is prudently required exceeds the expertise possessed by the professional forester in that regard, the professional forester may need to utilize the services of other qualified experts, including, but not limited to, archaeologists, botanists, civil engineers, ecologists, fisheries biologists, geologists, hydrologists, land surveyors, landscape architects, range scientists, soil scientists, or wildlife biologists. This article shall not preclude those other environmental professionals from the application of their knowledge in their field of expertise outside the practice of forestry, as defined in Section 753. (Amended by Stats. 2021, Ch. 133, Sec. 40. (SB 272) Effective July 23, 2021.)
  120. 75200.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 1. General Provisions [75200 - 75200.3] ( Chapter 1 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    This section defines three terms used in the part: “Council,” “Disadvantaged communities,” and “Program.”

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 1. General Provisions [75200 - 75200.3] ( Chapter 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75200. For the purposes of this part, the following terms have the following meanings: (a) “Council” means the Strategic Growth Council established pursuant to Section 75121. (b) “Disadvantaged communities” means communities identified as disadvantaged communities pursuant to Section 39711 of the Health and Safety Code. (c) “Program” means the Affordable Housing and Sustainable Communities Program established pursuant to Section 75210. (Added by Stats. 2014, Ch. 36, Sec. 21. (SB 862) Effective June 20, 2014.)
  121. 75200.1.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 1. General Provisions [75200 - 75200.3] ( Chapter 1 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    The council must review and coordinate the member agencies’ activities for the programs in this part, and it must also review the programs and each program’s grant guidelines.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 1. General Provisions [75200 - 75200.3] ( Chapter 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75200.1. Consistent with Section 75125, the council, in consultation with the State Air Resources Board, shall review and coordinate the activities of member agencies of the council for the programs included in this part. The council shall review these programs, including grant guidelines of each program, consistent with Chapter 4.1 (commencing with Section 39710) of Part 2 of Division 26 of the Health and Safety Code, including the recommendations of the investment plan, Article 9.7 (commencing with Section 16428.8) of Chapter 2 of Part 2 of Division 4 of Title 2 of the Government Code, and Chapter 4.2 (commencing with Section 21155) of Division 13 of this code. (Added by Stats. 2014, Ch. 36, Sec. 21. (SB 862) Effective June 20, 2014.)
  122. 75200.2.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 1. General Provisions [75200 - 75200.3] ( Chapter 1 added by Stats. 2014, Ch. 36, Sec. 21. )

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    The council may designate a state agency or department to administer the program and distribute grants and loans.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 1. General Provisions [75200 - 75200.3] ( Chapter 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75200.2. The council may designate a state agency or department to administer the program for the disbursement of grants and loans to support the planning and development of sustainable communities consistent with this part and Section 39719 of the Health and Safety Code. (Added by Stats. 2015, Ch. 323, Sec. 8. (SB 102) Effective September 22, 2015.)
  123. 75200.3.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 1. General Provisions [75200 - 75200.3] ( Chapter 1 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    Certain state agencies or departments designated by the council may use specified appropriated money for support and local assistance costs.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 1. General Provisions [75200 - 75200.3] ( Chapter 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75200.3. Moneys appropriated to the council pursuant to Section 39719 of the Health and Safety Code may be used by a state agency or department designated by the council pursuant to Section 75200.2 for that state agency’s or department’s support and local assistance costs. (Added by Stats. 2015, Ch. 323, Sec. 9. (SB 102) Effective September 22, 2015.)
  124. 7521.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    The section states the sale price and payment terms for certain swamp and overflowed lands, including an upfront payment, interest on the balance, and acceptance of certain district bonds or warrants in payment.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7521. The swamp and overflowed lands belonging to the State were sold prior to September 19, 1939, at the rate of one dollar ($1) an acre. Twenty per cent of the principal is payable within 50 days from the date of the approval of the survey by the commission. The balance, bearing interest at the rate of 7 per cent per annum, payable annually in advance, is due and payable one year after the passage of any act of the Legislature requiring such payment, or before, if desired by the purchasers. Bonds or warrants of reclamation districts having an outstanding indebtedness are receivable at par in payment for lands in such districts. (Added by Stats. 1943, Ch. 609.)
  125. 75210.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    The council must develop and administer the Affordable Housing and Sustainable Communities Program.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75210. The council shall develop and administer the Affordable Housing and Sustainable Communities Program to reduce greenhouse gas emissions through projects that implement land use, housing, transportation, and agricultural land preservation practices to support infill and compact development, and that support related and coordinated public policy objectives, including the following: (a) Reducing air pollution. (b) Improving conditions in disadvantaged communities. (c) Supporting or improving public health and other cobenefits as defined in Section 39712 of the Health and Safety Code. (d) Improving connectivity and accessibility to jobs, housing, and services. (e) Increasing options for mobility, including the implementation of the Active Transportation Program established pursuant to Section 2380 of the Streets and Highways Code. (f) Increasing transit ridership. (g) Preserving and developing affordable rental and owner-occupied housing for lower income households, as defined in Section 50079.5 of the Health and Safety Code. (h) Protecting agricultural lands to support infill development. (Amended by Stats. 2021, Ch. 355, Sec. 2. (AB 1095) Effective January 1, 2022.)
  126. 75211.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    A project must meet three conditions to be eligible for program funding.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75211. To be eligible for funding pursuant to the program, a project shall do all of the following: (a) Demonstrate that it will achieve a reduction in greenhouse gas emissions. (b) Support implementation of an adopted or draft sustainable communities strategy or, if a sustainable communities strategy is not required for a region by law, a regional plan that includes policies and programs to reduce greenhouse gas emissions. (c) Demonstrate consistency with the state planning priorities established pursuant to Section 65041.1 of the Government Code. (Added by Stats. 2014, Ch. 36, Sec. 21. (SB 862) Effective June 20, 2014.)
  127. 75212.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    This section lists the types of projects that may be funded under the program.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75212. Projects eligible for funding pursuant to the program include any of the following: (a) Intermodal, affordable rental or owner-occupied housing projects that support infill and compact development. (b) Transit capital projects and programs supporting transit ridership, including water-borne transit. (c) Active transportation capital projects that qualify under the Active Transportation Program, including pedestrian and bicycle facilities and supportive infrastructure, including connectivity to transit stations. (d) Noninfrastructure-related active transportation projects that qualify under the Active Transportation Program, including activities that encourage active transportation goals conducted in conjunction with infrastructure improvement projects. (e) Transit-oriented development projects, including affordable rental or owner-occupied housing and infrastructure at or near transit stations or connecting those developments to transit stations. (f) Capital projects that implement local complete streets programs. (g) Other projects or programs designed to reduce greenhouse gas emissions and other criteria air pollutants by reducing automobile trips and vehicle miles traveled within a community. (h) Acquisition of easements or other approaches or tools that protect agricultural lands that are under pressure of being converted to nonagricultural uses, particularly those adjacent to areas most at risk of urban or suburban sprawl or those of special environmental significance. (i) Planning to support implementation of a sustainable communities strategy, including implementation of local plans supporting greenhouse gas emissions reduction efforts and promoting infill and compact development. (Amended by Stats. 2021, Ch. 355, Sec. 3. (AB 1095) Effective January 1, 2022.)
  128. 75213.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    Projects eligible for funding under the program are encouraged to promote the section’s objectives and related coordination goals.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75213. A project eligible for funding pursuant to the program shall be encouraged to promote the objectives of Section 75210, and economic growth, reduce public fiscal costs, support civic partnerships and stakeholder engagement, and integrate and leverage existing housing, transportation, and land use programs and resources. (Added by Stats. 2014, Ch. 36, Sec. 21. (SB 862) Effective June 20, 2014.)
  129. 75214.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    The council must support the program’s goals by aiming to spend 50% of program expenditures on projects benefiting disadvantaged communities, and it must coordinate outreach to improve access and participation there when feasible.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75214. In implementing the program, the council shall support the goals established pursuant to Chapter 830 of the Statutes of 2012 by ensuring a programmatic goal of expending 50 percent of program expenditure for projects benefiting disadvantaged communities. To the extent feasible, the council shall coordinate outreach to promote access and program participation in disadvantaged communities. (Added by Stats. 2014, Ch. 36, Sec. 21. (SB 862) Effective June 20, 2014.)
  130. 75215.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    The council must develop, publish, workshop, adopt, and submit program guidelines and selection criteria, and those guidelines must include both rental and owner-occupied affordable housing units.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75215. (a) Prior to awarding funds under the program, the council, in coordination with the member agencies and departments of the council, the State Air Resources Board, and other state entities, as needed, shall develop guidelines and selection criteria for the implementation of the program. (b) Prior to adoption of the guidelines and the selection criteria, the council shall conduct at least two public workshops to receive and consider public comments. One workshop shall be held at a location in northern California and one workshop shall be held at a location in southern California. (c) The council shall publish the draft guidelines and selection criteria on its internet website at least 30 days prior to the public meetings. (d) In adopting the guidelines and selection criteria, the council shall consider the comments from local governments, regional agencies, and other stakeholders. The council shall conduct outreach to disadvantaged communities to encourage comments on the draft guidelines from those communities. (e) The council shall adopt guidelines or selection criteria that include both affordable housing rental units and owner-occupied affordable housing units. (f) Program guidelines may be revised by the council to reflect changes in program focus or need. Outreach to stakeholders shall be conducted, pursuant to subdivisions (a), (b), and (c) before the council adopts changes to guidelines. (g) Upon the adoption of the guidelines and selection criteria, the council shall, pursuant to Section 9795 of the Government Code, submit copies of the guidelines to the fiscal and appropriate policy committees of the Legislature. (h) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of the guidelines and selection criteria pursuant to this section. (Amended by Stats. 2021, Ch. 355, Sec. 4. (AB 1095) Effective January 1, 2022.)
  131. 75216.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    The council must use relevant state departments’ and agencies’ expertise to implement the program and coordinate with regional planning agencies to identify and recommend projects.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75216. (a) The council shall leverage the programmatic and administrative expertise of relevant state departments and agencies in implementing the program. (b) The council shall coordinate with the metropolitan planning organizations and other regional agencies to identify and recommend projects within their respective jurisdictions that best reflect the goals and objectives of this division. (Added by Stats. 2014, Ch. 36, Sec. 21. (SB 862) Effective June 20, 2014.)
  132. 75217.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. )

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    The executive director of the council must report progress on implementing the program in the annual report.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75217. The executive director of the council shall report the progress on the implementation of the program in its annual report required pursuant to subdivision (e) of Section 75125. (Added by Stats. 2014, Ch. 36, Sec. 21. (SB 862) Effective June 20, 2014.)
  133. 75218.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. )

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    For loans under this chapter, principal and accrued interest are due when the loan term ends, the loan bears 3% simple interest, and the department must set annual loan payments and manage a default reserve.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75218. (a) For any loans issued pursuant to this chapter, principal and accumulated interest is due and payable upon completion of the term of the loan. The loan shall bear simple interest at the rate of 3 percent per annum on the unpaid principal balance. The department shall require annual loan payments in the minimum amount necessary to cover the costs of project monitoring. For the first 30 years of the loan term, the amount of the required loan payments shall not exceed 0.42 percent per annum. (b) All moneys received by the department in repayment of loans made pursuant to this chapter, including interest and payments in advance in lieu of future interest, shall be deposited in the Housing Rehabilitation Loan Fund established by Section 50661 of the Health and Safety Code, and notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department for the purposes of the Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code), except as otherwise provided in this section. (c) The department may designate an amount not to exceed 1.5 percent of funds appropriated for use pursuant to this section for the purposes of curing or averting a default on the terms of any loan or other obligation by the recipient of financial assistance, or bidding at any foreclosure sale where the default or foreclosure sale would jeopardize the department’s security in the rental housing development assisted pursuant to this chapter. The funds so designated shall be known as the “default reserve.” (d) The department may use default reserve funds made available pursuant to this section to repair or maintain any rental housing development assisted pursuant to this chapter that was acquired to protect the department’s security interest. (e) The payment or advance of funds by the department pursuant to this section shall be exclusively within the department’s discretion, and no person shall be deemed to have any entitlement to the payment or advance of those funds. The amount of any funds expended by the department for the purposes of curing or averting a default shall be added to the loan amount secured by the rental housing development and shall be payable to the department upon demand. (f) All moneys set aside for the default reserve by the department pursuant to this section shall be deposited in the Housing Rehabilitation Loan Fund established by Section 50661 of the Health and Safety Code, and, notwithstanding Section 13340 of the Government Code, are continuously appropriated to the department for the purposes of the default reserve set forth above in this section. (g) For the purposes of this section, “department” means the Department of Housing and Community Development. (Added by Stats. 2018, Ch. 37, Sec. 52. (AB 1817) Effective June 27, 2018.)
  134. 75218.1.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    For funding notices released after July 1, 2021, the council must give extra points or preference to eligible jurisdictions when awarding program funds.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75218.1. For notices of funding availability released after July 1, 2021, in awarding funds under the program, the council shall provide additional points or preference to jurisdictions that have adopted a housing element that has been found by the Department of Housing and Community Development to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code pursuant to Section 65585 of the Government Code and that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the Department of Housing and Community Development pursuant to subdivision (d) of Section 65589.9 of the Government Code. (Added by Stats. 2019, Ch. 159, Sec. 21. (AB 101) Effective July 31, 2019.)
  135. 75218.2.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. )

    Verify source ↗

    For notices of funding availability released after July 1, 2022, the council may add guidelines or criteria for awarding funds to certain home-ownership projects.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 1. Affordable Housing and Sustainable Communities [75200 - 75218.2] ( Part 1 added by Stats. 2014, Ch. 36, Sec. 21. ) ## CHAPTER 2. Affordable Housing and Sustainable Communities Program [75210 - 75218.2] ( Chapter 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75218.2. For notices of funding availability released after July 1, 2022, the council may include guidelines or criteria for the award of funds to projects that provide home ownership opportunities for low-income individuals. (Added by Stats. 2021, Ch. 355, Sec. 5. (AB 1095) Effective January 1, 2022.)
  136. 7522.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

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    The commission may not approve an application or issue evidence of title for swamp and overflowed land until six months after the land has been segregated by authority of the United States.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7522. The commission shall not approve any application nor issue evidence of title for swamp and overflowed land, until six months after the land has been segregated by authority of the United States. (Added by Stats. 1943, Ch. 609.)
  137. 75220.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. )

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    This section creates the Transit and Intercity Rail Capital Program and requires the Transportation Agency to review applications and approve a multiyear project program, while the California Transportation Commission allocates funding to applicants under that program.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75220. (a) The Transit and Intercity Rail Capital Program is hereby created to fund transformative capital improvements, as defined in subdivision (d), that will modernize California’s intercity, commuter, and urban rail systems and bus and ferry transit systems to achieve all of the following policy objectives: (1) Reduce emissions of greenhouse gases. (2) Expand and improve transit service to increase ridership. (3) Integrate the rail service of the state’s various rail operators, including integration with the high-speed rail system. (4) Improve transit safety. (b) The Transportation Agency shall evaluate applications consistent with the criteria set forth in this part and approve a multiyear program of projects for funding pursuant to Section 75224, which may be revised as necessary. (c) The California Transportation Commission shall allocate funding to applicants pursuant to the program of projects approved by the Transportation Agency. (d) “Transformative capital improvement” means a rail, bus, or ferry transit project that will significantly reduce vehicle miles traveled, congestion, and greenhouse gas emissions by creating a new transit system, increasing the capacity of an existing transit system, or otherwise significantly increasing the ridership of a transit system. (Amended by Stats. 2015, Ch. 710, Sec. 1. (SB 9) Effective January 1, 2016.)
  138. 75221.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. )

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    This section lists projects and applicants that can qualify for program funding and requires greenhouse-gas reduction evidence for eligibility.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75221. (a) Projects eligible for funding under the program include, but are not limited to, all of the following: (1) Rail capital projects, including acquisition of rail cars and locomotives, that expand, enhance, and improve existing rail systems and connectivity to existing and future transit systems, including the high-speed rail system. (2) Intercity, commuter, and urban rail projects that increase service levels, improve reliability, or decrease travel times, including infrastructure access payments to host railroads in lieu of capital investments. (3) Rail, bus, and ferry integration implementation, including integrated ticketing and scheduling systems, shared-use corridors, related planning efforts, and other service integration initiatives. (4) Bus rapid transit and other bus and ferry transit investments to increase ridership and reduce greenhouse gas emissions. (b) In order to be eligible for funding under the program, a project shall demonstrate that it will achieve a reduction in emissions of greenhouse gases. In selecting projects for funding, the Transportation Agency shall consider the extent to which a project reduces emissions of greenhouse gases. (c) The program shall have a programmatic goal of providing at least 25 percent of available funding to projects benefiting disadvantaged communities, consistent with the objectives of Chapter 830 of the Statutes of 2012. (d) In evaluating grant applications for funding, the Transportation Agency shall consider all of the following: (1) The cobenefits of projects that support the implementation of sustainable communities strategies through one or more of the following: (A) Reducing vehicle miles traveled from automobiles and the number of automobile trips through growth in transit ridership. (B) Promoting housing development in the vicinity of rail stations and major transit centers. (C) Expanding existing rail and public transit systems. (D) Enhancing the connectivity, integration, and coordination of the state’s various transit systems, including, but not limited to, regional and local transit systems and the high-speed rail system. (E) Implementing clean vehicle technology. (F) Promoting active transportation. (G) Improving public health. (2) The project priorities developed through the collaboration of two or more rail operators and any memoranda of understanding between state agencies and local or regional rail operators. (3) Geographic equity. (4) Consistency with an adopted sustainable communities strategy or, if a sustainable strategy is not required for a region by law, a regional plan that includes policies and programs to reduce emissions of greenhouse gases. (5) The extent to which a project has supplemental funding committed to it from other nonstate sources. (6) The extent to which the project will increase transit ridership. (e) Eligible applicants under the program shall be public agencies, including joint powers agencies, that operate or have planning responsibility for existing or planned regularly scheduled intercity or commuter passenger rail service, urban rail transit service, or bus or ferry transit service. (f) A recipient of moneys under the program may combine funding from the program with other state funding, including, but not limited to, the State Transportation Improvement Program, the Low Carbon Transit Operations Program, the State Air Resources Board clean vehicle program, and state transportation bond funds. (Amended by Stats. 2015, Ch. 710, Sec. 2. (SB 9) Effective January 1, 2016.)
  139. 75222.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. )

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    Grant applications must be submitted to the Transportation Agency and include specified project and funding details.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75222. (a) Applications for grants under the program shall be submitted to the Transportation Agency for evaluation in accordance with procedures and program guidelines approved by the agency. An eligible applicant may submit an application to the agency to fund a project over multiple fiscal years. The agency may make multiyear funding commitments for projects that are proposed by an eligible applicant to be funded from the program over a period of more than one fiscal year. (b) The application shall define the project purpose, intended scope, proposed cost, intended funding sources, and schedule for project completion. (c) The application shall specify the phases of work for which an eligible applicant is seeking an allocation of moneys from the program. (d) The application shall identify the sources and timing of all moneys required to undertake and complete any phase of a project for which an eligible applicant is seeking an allocation of moneys from the program. The application shall also describe intended sources and timing of funding to complete any subsequent phases of the project, through construction or procurement. (e) The application shall include information describing the funding sources and approach to ensuring that ongoing operating and maintenance costs of the project are funded through the useful life of the project, as applicable. (f) Eligible applicants may submit more than one application for grants under the program pursuant to this section. (g) An eligible applicant may use a project study report or equivalent document to demonstrate eligibility of a project for inclusion in the multiyear program of projects pursuant to Section 75224. The project study report or equivalent document shall, at a minimum, be adequate to define and justify the project scope, cost, and schedule for the project application. (Amended by Stats. 2015, Ch. 710, Sec. 3. (SB 9) Effective January 1, 2016.)
  140. 75223.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. )

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    The Transportation Agency must hold at least two public workshops on draft program guidelines, post the draft guidelines online at least 30 days before the first workshop, and send the draft guidelines to specified legislative committees at the same time as posting.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75223. (a) The Transportation Agency shall conduct at least two public workshops on draft program guidelines containing selection criteria prior to approval and shall post the draft guidelines on the agency’s Internet Web site at least 30 days prior to the first public workshop. Concurrent with the posting, the agency shall transmit the draft guidelines to the fiscal committees and the appropriate policy committees of the Legislature. (b) The Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) does not apply to the development and approval of procedures and program guidelines for the program pursuant to this section. (Added by Stats. 2015, Ch. 710, Sec. 4. (SB 9) Effective January 1, 2016.)
  141. 75224.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. )

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    The Transportation Agency must approve project programs on a schedule, try to maximize greenhouse gas emission reductions, and update guidelines for eligibility limits. Regional transportation planning agencies cannot get grants for 2026–27 or later unless their long-term financial plan is approved.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75224. (a) No later than July 1, 2018, the Transportation Agency shall approve a program of projects, which shall cover a period of five fiscal years, beginning with the 2018–19 fiscal year. (b) The Transportation Agency shall approve each subsequent program of projects not later than April 1 of each even-numbered year. Each subsequent program shall cover a period of five fiscal years, beginning July 1 of the year of approval, and shall be a statement of intent by the Transportation Agency for the allocation and expenditure of moneys during those five fiscal years. (c) In developing the program of projects, and consistent with the consideration of all other criteria for individual projects, the Transportation Agency shall seek to maximize the total amount of reductions in emissions of greenhouse gases that would be achieved under the program. (d) For a project to be funded from the program over a period of more than one fiscal year, the Transportation Agency, at the request of an eligible applicant and in cooperation with the commission, shall enter into and execute a multiyear funding agreement with the eligible applicant for the project for an amount of program moneys and for any duration, as determined jointly by the agency and applicant. (e) A regional transportation planning agency, as defined in Section 13987 of the Government Code, shall not be eligible to receive a grant under the Transit and Intercity Rail Capital Program in the 2026–27 fiscal year or any subsequent fiscal years unless the Transportation Agency approves the regional transportation planning agency’s long-term financial plan submitted pursuant to subdivision (d) of Section 13987 of the Government Code. The Transportation Agency shall update the guidelines approved pursuant to Section 75223 to reflect the eligibility limitation imposed pursuant to this subdivision. (Amended by Stats. 2023, Ch. 54, Sec. 4. (SB 125) Effective July 10, 2023.)
  142. 75225.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. )

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    A lead applicant agency may ask the commission for a letter of no prejudice for a project, and if the commission approves, the agency may spend its own money and may later be reimbursed if statutory conditions are met.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75225. (a) A lead applicant agency may apply to the commission for a letter of no prejudice for a project or for any component of a project included in the program of projects approved by the Transportation Agency. If approved by the commission, the letter of no prejudice shall allow the lead applicant agency to expend its own moneys for the project or any component of the project and to be eligible for future reimbursement, as applicable, from moneys available for the program from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code, or from moneys available for the program pursuant to subdivision (a) of Section 11053 of the Revenue and Taxation Code. (b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program if all of the following conditions are met: (1) The project or project component for which the letter of no prejudice was requested has commenced, and the regional or local expenditures have been incurred. (2) The expenditures made by the lead applicant agency are eligible for reimbursement in accordance with applicable laws and procedures. If expenditures made by the lead applicant agency are determined to be ineligible, the state has no obligation to reimburse those expenditures. (3) The lead applicant agency complies with all legal requirements for the project, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)). (4) There are moneys designated for the program that are sufficient to make the reimbursement payment. (c) The lead applicant agency and the commission shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of reimbursement is dependent on the terms of the agreement and the availability of moneys for the program. (d) The commission, in consultation with intercity, commuter, urban rail, and other public transit entities, may develop guidelines to implement this section. (Amended by Stats. 2017, Ch. 255, Sec. 4. (AB 135) Effective September 16, 2017.)
  143. 75226.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. )

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    Certain Transit and Intercity Rail Capital Program funds must be distributed to regional transportation planning agencies, not through the usual program-of-projects route. Those agencies may use the funds for transit operating expenses or transformative capital improvements, subject to stated planning and compliance requirements.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75226. (a) Notwithstanding any other law, moneys appropriated to the Transportation Agency in the annual Budget Act from the General Fund and the Greenhouse Gas Reduction Fund for purposes of the Transit and Intercity Rail Capital Program shall not be distributed pursuant to a program of projects adopted pursuant to Section 75222 and allocated by the California Transportation Commission pursuant to Section 75220. (b) The moneys described in subdivision (a) shall instead be distributed to regional transportation planning agencies pursuant to Section 99313 of the Public Utilities Code and the distribution of those moneys shall be subject to the requirements of Section 13987 of the Government Code and the guidelines adopted pursuant to that section. (c) Subject to compliance with Section 13987 of the Government Code, a regional transportation planning agency may use moneys described in subdivision (a) to fund transit operating expenses within its jurisdiction consistent with an approved regional short-term financial plan or a long-term financial plan, as applicable, or for transformative capital improvements described in Sections 75220 and 75221, or for both of these purposes. (d) In allowing the funds described in subdivision (a) to be available for operating costs, it is the intent of the Legislature for those expenditures to do all of the following: (1) Provide one-time multiyear bridge funding for transit operators to address operational costs until long-term transit sustainability solutions are identified. (2) Assist transit operators in preventing service cuts and increasing ridership. (3) Prioritize the availability of transit for riders who are transit dependent. (4) Prioritize transit agencies representing a significant percentage of the region’s ridership. (e) For purposes of this section, “regional transportation planning agency” means a recipient of funding described in paragraphs (1) and (2) of subdivision (a) of Section 99312.1 of the Public Utilities Code. (Amended by Stats. 2024, Ch. 53, Sec. 6. (AB 173) Effective July 2, 2024.)
  144. 75227.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. )

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    This section requires the Transportation Agency to loan up to $590 million to the Metropolitan Transportation Commission by July 1, 2026, and requires the Commission to use the money for loans to specified transit entities for public transit operating purposes.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 2. Transit and Intercity Rail Capital Program [75220 - 75227] ( Part 2 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75227. (a) This section shall apply notwithstanding any other law. (b) For purposes of this section, the following definitions apply: (1) “Public transit operating purposes” includes, but is not limited to, costs necessary to avoid or mitigate service reductions and costs to maintain or restore existing transit service levels for bus, rail, and other public transportation services. “Public transit operating purposes” does not include capital construction costs or any other capital expenses. (2) “Region” means the region described in Section 66502 of the Government Code. (3) “Specified transit entities” means the San Francisco Bay Area Rapid Transit District, the San Francisco Municipal Transportation Agency, the Peninsula Corridor Joint Powers Board, and the Alameda-Contra Costa Transit District. (c) On or before July 1, 2026, the Transportation Agency shall loan to the Metropolitan Transportation Commission up to five hundred ninety million dollars ($590,000,000) of funding approved under the Transit and Intercity Rail Capital Program for projects within the region. The Metropolitan Transportation Commission shall use the proceeds of the loan described in this section to offer loans to the specified transit entities for public transit operating purposes. The loan to the Metropolitan Transportation Commission shall be subject to all of the following: (1) The loan is limited to being comprised of funding awarded to projects within the region that, as of December 31, 2025, have not been fully allocated funding by the California Transportation Commission. (2) The loan shall be repaid in quarterly installments by the Metropolitan Transportation Commission to the Transportation Agency over a period of 12 years calculated from the original loan issue date, subject to all of the following: (A) The first two years of the loan repayment period shall consist of interest-only quarterly payments. (B) After two years from the original loan issue date, repayment shall consist of quarterly payments based on an amortization schedule factoring in full repayment of both outstanding interest and principal amounts over the remaining loan term. (C) The rate of interest applied to a loan made pursuant to this section shall be the same rate earned on investments in the Surplus Money Investment Fund during the loan repayment period. (3) The Metropolitan Transportation Commission shall determine the terms and conditions of loans made to the specified transit entities, including, but not limited to, the principal amount, and any conditions before disbursement, consistent with the requirements of subparagraphs (A), (B), and (C) of paragraph (2). (d) (1) The Metropolitan Transportation Commission shall secure repayment of any loan issued by the Transportation Agency pursuant to this section by pledging and assigning, as security of last resort for the loan, the State Transit Assistance Program revenues received by the specified transit entities that would otherwise be administered by the Metropolitan Transportation Commission pursuant to Section 99314 of the Public Utilities Code. The loan agreement shall be signed by a representative of the Transportation Agency and the Metropolitan Transportation Commission and shall specify the pledged amount or method of calculation and the period during which the pledge applies. The signatories to the loan agreement may bind their respective agencies, as established by each agency’s respective procedures and any necessary supporting actions to confer that authority. (2) The California Transportation Commission shall monitor and report to the Transportation Agency on the unallocated and unexpended balances of the region’s project awards for the Transit and Intercity Rail Capital Program. If the total awarded but unallocated funds to projects in the region less any outstanding loan balances falls below three hundred fifty million dollars ($350,000,000), the California Transportation Commission shall do both of the following: (A) Notify the Transportation Agency and Metropolitan Transportation Commission. (B) In consultation with the Transportation Agency, evaluate information provided by the Metropolitan Transportation Commission and project sponsors in the region regarding their unallocated and unexpended balances of the region’s projects in the Transit and Intercity Rail Capital Program to determine whether there is risk to California Transportation Commission’s ability to meet the region’s anticipated allocation requests and project cash flow requirements over the next two years. If the California Transportation Commission, in consultation with the Transportation Agency, determines it to be necessary, the California Transportation Commission, in consultation with the Transportation Agency, shall establish an allocation plan for the region’s awarded projects, in coordination with the region’s Transit and Intercity Rail Capital Program project sponsors and the Metropolitan Transportation Commission. The allocation plan shall be for projects in the region seeking allocation and the plan may adjust or defer future allocations during the period of repayment of the loan made to the Metropolitan Transportation Commission pursuant to subdivision (c). (3) If an allocation plan established pursuant to paragraph (2) results in a material impact to a project in the region, as determined by the California Transportation Commission and the Transportation Agency, the Metropolitan Transportation Commission, in coordination with the Transportation Agency, may prioritize the use of existing sources of funds allocated by the state to the region so that the project is not materially impacted with regard to scope, schedule, and eligibility for nonstate funding. If state-allocated fund sources provided to the region are used for this circumstance, the Transportation Agency may return funds to the Metropolitan Transportation Commission from the loan repayments made pursuant to paragraph (2) of subdivision (c) equal to the state-allocated fund sources provided to the region that are committed to the affected project. (e) A specified transit entity shall use its respective share of funding under the State Transit Assistance Program pursuant to Section 99314 of the Public Utilities Code as security for any loan made by the Metropolitan Transportation Commission pursuant to this section and those funds may be redirected by the Metropolitan Transportation Commission as repayment for any outstanding loan if the specified transit entity fails to make timely loan payments. (f) (1) Subdivisions (a) to (e), inclusive, shall become inoperative upon full repayment of the loan by the Metropolitan Transportation Commission, as determined by the Transportation Agency in consultation with the Department of Finance. (2) Upon the determination made in paragraph (1), notwithstanding Section 9795 of the Government Code or any other law, the Transportation Agency shall notify the Joint Legislative Budget Committee of this fact. This section shall be repealed on January 1 following the notification provided to the Joint Legislative Budget Committee. (g) The Legislature finds and declares that this section is related to Section 91.00 of the Budget Act of 2025 (Chapters 4, 5, and 104 of the Statutes of 2025). (Added by Stats. 2026, Ch. 6, Sec. 1. (AB 117) Effective February 19, 2026. Conditionally repealed on date prescribed by its own provisions.)
  145. 7523.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

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    The State may not claim certain land as swamp or overflowed, and the commission may not accept an application to purchase such land unless the listed proof is provided.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7523. No claim shall be made by the State to any land as swamp or overflowed, which has not been returned as such by the United States, nor to lands for which preemption or homestead patents have been issued by the United States, or upon which there are settlers, occupying the land in good faith, who have filed their preemption or homestead declaratory statements. The commission shall not receive any application to purchase as swamp or overflowed lands, any land not returned as such by the United States, unless the application be accompanied by a certificate from the Register of the United States Land Office for the district in which the land is situated, or by the affidavits of two disinterested persons, that there is no preemption or homestead settler upon the land sought to be purchased, or if there is such settler, that he has resided on the land more than six months prior to the time of making such application. The application shall be invalid in every case where there is a valid preemption filing or homestead entry on the land sought to be purchased at the time the application is made. (Added by Stats. 1943, Ch. 609.)
  146. 75230.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 3. Low Carbon Transit Operations Program [75230 - 75231] ( Part 3 added by Stats. 2014, Ch. 36, Sec. 21. )

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    This section creates the Low Carbon Transit Operations Program and sets rules for how transit agencies can use its money, prove compliance, report to the Department of Transportation, and meet special requirements for disadvantaged communities.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 3. Low Carbon Transit Operations Program [75230 - 75231] ( Part 3 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75230. (a) The Low Carbon Transit Operations Program is hereby created to provide operating and capital assistance for transit agencies to reduce the emissions of greenhouse gases and improve mobility, with a priority on serving disadvantaged communities. (b) Funding for the program is continuously appropriated pursuant to Section 39719 of the Health and Safety Code from the Greenhouse Gas Reduction Fund established pursuant to Section 16428.8 of the Government Code. (c) (1) Except as provided in paragraph (2), funding shall be allocated by the Controller on a formula basis consistent with the requirements of this part and with Section 39719 of the Health and Safety Code, upon a determination by the Department of Transportation that the expenditures proposed by a recipient transit agency meet the requirements of this part and guidelines developed pursuant to this section, and that the amount of funding requested is currently available. (2) For the portion of funding allocated pursuant to paragraph (1) under the formula set forth in Section 99314 of the Public Utilities Code, the Controller shall allocate that funding for the 2019–20 to 2025–26, inclusive, fiscal years based on the individual operator ratios described in Section 99314.10 of the Public Utilities Code. (d) A recipient transit agency shall demonstrate that each expenditure of program moneys allocated to the agency reduces the emissions of greenhouse gases. (e) A recipient transit agency shall demonstrate that each expenditure of program moneys does not supplant another source of funds. (f) Moneys for the program shall be expended to provide transit operating or capital assistance that meets any of the following: (1) Expenditures that directly enhance or expand transit service by supporting new or expanded bus or rail services, new or expanded waterborne transit, or expanded intermodal transit facilities, and may include equipment acquisition, fueling, and maintenance, and other costs to operate those services or facilities. (2) Operational expenditures that increase transit mode share. (3) Expenditures related to the purchase of zero-emission buses, including electric buses, and the installation of the necessary equipment and infrastructure to operate and support these zero-emission buses. (g) (1) For a recipient transit agency whose service area includes disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code, at least 50 percent of the total moneys received pursuant to this part shall be expended on projects or services that meet the requirements of subdivisions (d), (e), and (f) and benefit the disadvantaged communities, as identified consistent with the guidance developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code. (2) The requirement of paragraph (1) is waived if the recipient transit agency expends the funding provided pursuant to this section on any of the following: (A) New or expanded transit service that connects with transit service serving disadvantaged communities, as identified pursuant to Section 39711 of, or in low-income communities, as defined in paragraph (2) of subdivision (d) of Section 39713 of, the Health and Safety Code. (B) Transit fare subsidies and network and fare integration technology improvements, including, but not limited to, discounted or free student transit passes. (C) The purchase of zero-emission transit buses and supporting infrastructure. (3) Expenditures made pursuant to paragraph (2) shall be deemed to have met all applicable requirements established pursuant to Section 39713 of the Health and Safety Code. (4) This section does not require a recipient transit agency to provide individual rider data to the Department of Transportation or to the State Air Resources Board. (h) The Department of Transportation, in coordination with the State Air Resources Board, shall develop guidelines that describe the methodologies that a recipient transit agency shall use to demonstrate that proposed expenditures will meet the criteria in subdivisions (d), (e), (f), and (g) and establish the reporting requirements for documenting ongoing compliance with those criteria. (i) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development of guidelines for the program pursuant to this section. (j) A recipient transit agency shall submit the following information to the Department of Transportation before seeking a disbursement of funds pursuant to this part: (1) A list of proposed expense types for anticipated funding levels. (2) The documentation required by the guidelines developed pursuant to this section to demonstrate compliance with subdivisions (d), (e), (f), and (g). (k) For capital projects, a recipient transit agency shall also do all of the following: (1) Specify the phases of work for which the recipient transit agency is seeking an allocation of moneys from the program. (2) Identify the sources and timing of all moneys required to undertake and complete any phase of a project for which the recipient transit agency is seeking an allocation of moneys from the program. (3) Describe intended sources and timing of funding to complete any subsequent phases of the project, through construction or procurement. (l) Except as specified in subdivision (m), a recipient transit agency that has used program moneys for any type of operational assistance allowed by subdivision (f) in a previous fiscal year may use program moneys to continue the same service or program in any subsequent fiscal year if the agency can demonstrate that reductions in the emissions of greenhouse gases can be realized. (m) A recipient transit agency using program moneys for the continuation of a free or reduced fare transit program shall not be subject to subdivision (l) and may continue to use program moneys for that purpose without any restriction to length of time. The recipient transit agency shall submit an initial allocation request to the department and meet all requirements of this section, except subdivision (l). After the initial allocation for a recipient transit agency’s free or reduced fare transit program is funded pursuant to this subdivision, the recipient transit agency shall not be required to submit an additional allocation request for the next three fiscal years, but instead shall provide documentation necessary to meet the requirements of subdivision (s) and for the free or reduced fare transit program to maintain compliance with this section as detailed in the initial allocation request submitted to the department. A recipient transit agency using funds for a free or reduced fare transit program funded pursuant to this subdivision shall submit the reports required by subdivision (s). (n) Before authorizing the disbursement of funds, the Department of Transportation, in coordination with the State Air Resources Board, shall determine the eligibility, in whole or in part, of the proposed list of expense types, based on the documentation provided by a recipient transit agency to ensure ongoing compliance with the guidelines developed pursuant to this section. (o) The Department of Transportation shall notify the Controller of approved expenditures for each recipient transit agency, and the amount of the allocation for each agency determined to be available at that time of approval. (p) A recipient transit agency that does not submit an expenditure for funding in a particular fiscal year may retain its funding share, and may accumulate and use that funding share in a subsequent fiscal year for a larger expenditure, including operating assistance. The recipient transit agency shall first specify the number of fiscal years that it intends to retain its funding share and the expenditure for which the agency intends to use these moneys. A recipient transit agency may only retain its funding share for a maximum of four fiscal years. (q) A recipient transit agency may, in any particular fiscal year, loan or transfer its funding share to another recipient transit agency within the same region for any identified eligible expenditure under the program, including operating assistance, in accordance with procedures incorporated by the Department of Transportation in the guidelines developed pursuant to this section, which procedures shall be consistent with the requirement in subdivision (g). (r) A recipient transit agency may apply to the Department of Transportation to reassign any savings of surplus moneys allocated under this section to the agency for an expenditure that has been completed to another eligible expenditure under the program, including operating assistance. A recipient transit agency may also apply to the Department of Transportation to reassign to another eligible expenditure any moneys from the program previously allocated to the agency for an expenditure that the agency has determined is no longer a priority for the use of those moneys. (s) A recipient transit agency shall provide annual reports to the Department of Transportation, in the format and manner prescribed by the department, consistent with the internal administrative procedures for the use of the fund proceeds developed by the State Air Resources Board. (t) The Department of Transportation and recipient transit agencies shall comply with the guidelines developed by the State Air Resources Board pursuant to Section 39715 of the Health and Safety Code to ensure that the requirements of Section 39713 of the Health and Safety Code are met to maximize the benefits to disadvantaged communities, as identified pursuant to Section 39711 of the Health and Safety Code. (u) A recipient transit agency shall comply with all applicable legal requirements, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. This section does not expand or extend the applicability of those laws to recipient transit agencies. (v) The audit of public transportation operator finances already required under the Mills-Alquist-Deddeh Act (Chapter 4 (commencing with Section 99200) of Part 11 of Division 10 of the Public Utilities Code) pursuant to Section 99245 of the Public Utilities Code shall be expanded to include verification of receipt and appropriate expenditure of moneys from the program. Each recipient transit agency receiving moneys from the program in a fiscal year for which an audit is conducted shall transmit a copy of the audit to the Department of Transportation, and the department shall make the audits available to the Legislature and the Controller for review on request. (Amended by Stats. 2025, Ch. 109, Sec. 2. (SB 153) Effective September 17, 2025.)
  147. 75231.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 3. Low Carbon Transit Operations Program [75230 - 75231] ( Part 3 added by Stats. 2014, Ch. 36, Sec. 21. )

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    A recipient transit agency may ask the Department of Transportation for a letter of no prejudice for eligible program expenditures, and the state must reimburse approved amounts if specified conditions are met.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 3. Low Carbon Transit Operations Program [75230 - 75231] ( Part 3 added by Stats. 2014, Ch. 36, Sec. 21. ) ## 75231. (a) A recipient transit agency under the program created pursuant to Section 75230 may apply to the Department of Transportation for a letter of no prejudice for any eligible expenditures under the program, including operating assistance, for which the department has authorized a disbursement of funds. If approved by the department, the letter of no prejudice shall allow the recipient transit agency to expend its own moneys for the expenditures and to be eligible for future reimbursement from moneys available for the program. (b) The amount expended under subdivision (a) shall be reimbursed by the state from moneys available for the program if all of the following conditions are met: (1) The expenditures for which the letter of no prejudice was requested have commenced, and any regional or local expenditures, if applicable, have been incurred. (2) The expenditures made by the recipient transit agency are eligible under the program. If expenditures made by the recipient transit agency are determined to be ineligible, the state has no obligation to reimburse those expenditures. (3) The recipient transit agency complies with all applicable legal requirements for the expenditures, including the requirements of the California Environmental Quality Act (Division 13 (commencing with Section 21000)), and civil rights and environmental justice obligations under state and federal law. Nothing in this section shall be construed to expand or extend the applicability of those laws to recipient transit agencies. (4) There are moneys in the Greenhouse Gas Reduction Fund designated for the program and from the recipient transit agency’s formula allocation share as determined pursuant to subparagraph (B) of paragraph (1) of subdivision (b) of Section 39719 of the Health and Safety Code that are sufficient to make the reimbursement payment. (c) The recipient transit agency and the Department of Transportation shall enter into an agreement governing reimbursement as described in this section. The timing and final amount of reimbursement shall be dependent on the terms of the agreement and the availability of moneys in the Greenhouse Gas Reduction Fund for the program. (d) The Department of Transportation, in consultation with recipient public transit agencies, may develop guidelines to implement this section. (Added by Stats. 2016, Ch. 479, Sec. 2. (SB 824) Effective January 1, 2017.)
  148. 7524.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

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    A person who wants to buy swamp and overflowed lands must file an affidavit with the commission.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7524. Any person desiring to purchase swamp and overflowed lands shall make an affidavit and file it in the office of the commission, that he is a citizen of the United States, or has filed his intention to become so; that he is a resident of the State, of lawful age; that he desires to purchase lands (describing them) under the law providing for the sale of swamp and overflowed lands; that he does not know of any valid claim to the lands, other than his own; that he knows the land applied for and the exterior bounds thereof, and knows, of his own knowledge, that there are no settlers thereon; or, if there are, that the land has been segregated more than six months by authority of the United States; and that the land which he now owns (swamp and overflowed), together with that sought to be purchased, does not exceed 640 acres. (Added by Stats. 1943, Ch. 609.)
  149. 75240.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 4. Transformative Climate Communities Program [75240 - 75244] ( Part 4 added by Stats. 2016, Ch. 371, Sec. 1. )

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    The Transformative Climate Communities Program is created and administered by the Strategic Growth Council, and it must fund neighborhood-level climate community plans.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 4. Transformative Climate Communities Program [75240 - 75244] ( Part 4 added by Stats. 2016, Ch. 371, Sec. 1. ) ## 75240. The Transformative Climate Communities Program is hereby created, to be administered by the Strategic Growth Council. The program shall fund the development and implementation of neighborhood-level transformative climate community plans that include multiple, coordinated greenhouse gas emissions reduction projects that provide local economic, environmental, and health benefits to disadvantaged communities, as described in Section 39711 of the Health and Safety Code. By making such comprehensive public investments, it is the intent of the Legislature that private resources can be more effectively catalyzed to support innovative community and climate transformation in disadvantaged communities. (Added by Stats. 2016, Ch. 371, Sec. 1. (AB 2722) Effective January 1, 2017.)
  150. 75241.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 4. Transformative Climate Communities Program [75240 - 75244] ( Part 4 added by Stats. 2016, Ch. 371, Sec. 1. )

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    The Strategic Growth Council must award competitive grants under an application process, and applicants must show partnerships and emissions reductions to qualify.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 4. Transformative Climate Communities Program [75240 - 75244] ( Part 4 added by Stats. 2016, Ch. 371, Sec. 1. ) ## 75241. (a) The Strategic Growth Council shall award competitive grants to eligible entities through an application process. An eligible entity, including, but not limited to, a nonprofit organization, a community-based organization, a faith-based organization, a coalition or association of nonprofit organizations, a community development finance institution, a community development corporation, a local agency, a joint powers authority, or a tribal government, shall demonstrate multistakeholder partnerships with local agencies, community-based organizations, labor groups, workforce investment boards, and other stakeholders, as appropriate. The Strategic Growth Council shall award grants for projects that demonstrate community engagement in all phases. (b) (1) In awarding grants, the Strategic Growth Council shall make grant selections for plan development contingent on the implementation of one or more projects identified by the plan. (2) In awarding grants, the Strategic Growth Council may give priority to plans and projects that cover areas that have a high proportion of census tracts identified as disadvantaged communities and that focus on communities that are most disadvantaged. (3) The Strategic Growth Council may award a grant over multiple years. (4) The Strategic Growth Council shall consider applicants for projects undertaken in disadvantaged communities located in unincorporated areas of a county. (c) To be eligible for funding under the program, a plan, and a project that implements a plan, shall demonstrate that it will achieve a reduction in emissions of greenhouse gases. (d) The California Environmental Protection Agency shall provide assistance in performing outreach to disadvantaged communities and assessing the environmental justice benefits of project awards. (e) Projects shall maximize climate, public health, environmental, workforce, and economic benefits. (Amended by Stats. 2020, Ch. 370, Sec. 244. (SB 1371) Effective January 1, 2021.)
  151. 75242.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 4. Transformative Climate Communities Program [75240 - 75244] ( Part 4 added by Stats. 2016, Ch. 371, Sec. 1. )

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    The council and funded entities should try to find extra public and private funding, and the council must fund technical assistance providers.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 4. Transformative Climate Communities Program [75240 - 75244] ( Part 4 added by Stats. 2016, Ch. 371, Sec. 1. ) ## 75242. (a) The council and all funded entities shall endeavor to identify additional public and private sources of funding to sustain and expand the program. (b) The council shall fund technical assistance providers to assist in application development and project development and implementation. (Added by Stats. 2016, Ch. 371, Sec. 1. (AB 2722) Effective January 1, 2017.)
  152. 75243.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 4. Transformative Climate Communities Program [75240 - 75244] ( Part 4 added by Stats. 2016, Ch. 371, Sec. 1. )

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    The council must develop program guidelines and selection criteria before funds are awarded, and it must consider public comments and outreach to disadvantaged communities when adopting them.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 4. Transformative Climate Communities Program [75240 - 75244] ( Part 4 added by Stats. 2016, Ch. 371, Sec. 1. ) ## 75243. (a) Before awarding funds under the program, the council shall develop guidelines and selection criteria for plan development and implementation of the program. (b) In adopting guidelines and selection criteria, the council shall consider comments, if any, from local governments, regional agencies, and other stakeholders. The council shall conduct outreach to disadvantaged communities to encourage comments on the draft guidelines and selection criteria from those communities. (c) In adopting the guidelines, the council shall consider whether eligible plans and projects avoid economic displacement of low-income disadvantaged community residents and businesses. (Added by Stats. 2016, Ch. 371, Sec. 1. (AB 2722) Effective January 1, 2017.)
  153. 75244.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 4. Transformative Climate Communities Program [75240 - 75244] ( Part 4 added by Stats. 2016, Ch. 371, Sec. 1. )

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    For funding notices released after July 1, 2021, the council must give extra points or preference when awarding program funds to qualifying jurisdictions.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 4. Transformative Climate Communities Program [75240 - 75244] ( Part 4 added by Stats. 2016, Ch. 371, Sec. 1. ) ## 75244. For notices of funding availability released after July 1, 2021, in awarding funds under the program, the council shall provide additional points or preference to jurisdictions that have adopted a housing element that has been found by the Department of Housing and Community Development to be in substantial compliance with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code pursuant to Section 65585 of the Government Code and that are designated prohousing pursuant to subdivision (c) of Section 65589.9 of the Government Code, in the manner determined by the Department of Housing and Community Development pursuant to subdivision (d) of Section 65589.9 of the Government Code. (Added by Stats. 2019, Ch. 159, Sec. 22. (AB 101) Effective July 31, 2019.)
  154. 7525.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    A false statement in the affidavit can defeat the applicant’s right to buy the land or get evidence of title; if the statement was willfully false, the applicant is also subject to perjury punishment.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7525. Any false statement contained in the affidavit defeats the right of the applicant to purchase the land, or to receive any evidence of title thereto, and if wilfully false, subjects him also to punishment for perjury. (Added by Stats. 1943, Ch. 609.)
  155. 75250.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 5. Community Resilience Center Program. [75250- 75250.] ( Part 5 added by Stats. 2022, Ch. 574, Sec. 28. )

    Verify source ↗

    This section creates a Community Resilience Center Program, assigns the Strategic Growth Council to run it, and sets grant, guideline, outreach, reporting, and spending rules.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 5. Community Resilience Center Program. [75250- 75250.] ( Part 5 added by Stats. 2022, Ch. 574, Sec. 28. ) ## 75250. (a) For purposes of this section, the following definitions apply: (1) “Council” means the Strategic Growth Council established pursuant to Section 75121. (2) “Disadvantaged community” means a community identified pursuant to Section 39711 of the Health and Safety Code. (3) “Disadvantaged unincorporated community” means the same as defined in Section 65302.10 of the Government Code. (4) “Eligible entities” include, but are not limited to, nonprofit organizations, community-based organizations, coalitions or associations of nonprofit organizations, local agencies, or a tribal government. (5) “Eligible services and amenities” means services and amenities offered by community resilience centers, including, but not limited to, hydration stations, electric charging stations, backup power, public health and mobile health services, cooling, clean air, respite, community evacuation and emergency response, and other services to mitigate the public health impacts of extreme heat and other emergency situations exacerbated by climate change, such as wildfire, poor air quality, power outages, or flooding, on local populations. (6) “Program” means the Community Resilience Center Program established pursuant to this section. (7) “Under-resourced community” means the same as defined in Section 71130. (b) The Community Resilience Center Program is hereby established, to be administered by the Strategic Growth Council, in coordination with the Office of Planning and Research, to provide funding for the construction of new, or the retrofitting of existing, facilities that will serve as community resilience centers. Community resilience centers shall serve as community emergency response facilities and aid in building long-term resilience, preparedness, and recovery operations for local communities. (c) (1) The council shall award competitive grants to eligible entities through an application process. To be eligible for a grant award, eligible entities shall demonstrate that the proposed project has all of the following attributes: (A) Collaboration with community members that will utilize and benefit from the project. (B) Involvement of community-based organizations and community residents within governance and decisionmaking processes, including in the selection and planning of the project. (C) Multistakeholder partnerships. (D) The proposed community resilience center will be accessible and offer eligible services and amenities year round to community residents. (2) The council may award grants that include funding for technical assistance, including, but not limited to, grant writing support and other application assistance. (3) Grants for community resilience centers may also be awarded for comprehensive upgrades to model integrated delivery of services. (4) The council shall publicly announce grant award recipients during a public council meeting. (d) (1) The council shall adopt guidelines and selection criteria for the awarding of grants under the program. The guidelines and selection criteria shall include, but not be limited to, all of the following: (A) Prioritization of projects that are located in and benefit under-resourced communities. (B) Prioritization of projects that represent the statewide geographic diversity and that are inclusive of both rural and urban communities in incorporated and unincorporated areas. (C) The minimum number of years that each grant award recipient must offer community resilience services. (2) Guideline and selection criteria development and adoption shall go through a public process that allows for transparency and stakeholder feedback. (3) In developing draft guidelines and selection criteria, the council shall conduct outreach to disadvantaged communities, disadvantaged unincorporated communities, or low-income communities and encourage comments on the draft guidelines and selection criteria from those communities. (e) The council shall use not more than 8 percent of the moneys appropriated for purposes of the program for the costs of administering the program. (f) (1) Notwithstanding Section 10231.5 of the Government Code, on or before January 1, 2025, and annually thereafter until the funds for the program are fully expended, the council shall prepare and submit a report on the program to the relevant budget subcommittees of the Legislature and to the Legislative Analyst’s Office. The council shall design the program to enable the collection of necessary data to complete the report, including, but not limited to, collecting outcome information from grant award recipients. (2) The report shall include, but not be limited to, all of the following: (A) Detailed information regarding how the program conducted outreach to raise awareness of grant opportunities for stakeholders in heat-vulnerable communities, which organizations and projects applied for funding, and what selection criteria the council used to award the grants. (B) A summary of the selected projects, including project costs, locations, and descriptions. (C) A description of the specific, measurable outcomes achieved by the program, including data on the utilization of the centers including during extreme heat events. (D) Lessons learned and potential recommendations for improving the program. (Added by Stats. 2022, Ch. 574, Sec. 28. (AB 211) Effective September 27, 2022.)
  156. 7526.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    If a qualifying affidavit is filed before patent issuance, the commission must send the disputed questions to the superior court.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7526. If at any time after such affidavit is filed in the office of the commission, and prior to the issuance of a patent for the lands described therein it is made to appear to the commission by the affidavit of any settler or person occupying such land for farming purposes, that he, or those under whom he claims, have been in the possession and occupancy of such lands, or any part thereof, for farming purposes, for over 10 years next prior to the date of the filing of the affidavit of the person desiring to purchase, and that his or their occupancy was open and notorious and was evidenced by actual enclosure, or by ditches, or monuments, or embankments, or levees, showing the actual extent thereof, and that he, or they under whom he claims, had, at the time of the filing of the affidavit by the person desiring to purchase, actually reclaimed such land and reduced it to a state of cultivation, and had been farming and cultivating the land; or if it appears from such affidavit filed by such person, that the affidavit filed by the person desiring to purchase the land is false in any of the statements made therein, the commission shall make an order referring the questions raised by such affidavits to the superior court of the county in which the land, or some part thereof, is situated. (Added by Stats. 1943, Ch. 609.)
  157. 75260.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 6. Zero-Emission Transit Capital Program [75260- 75260.] ( Part 6 added by Stats. 2023, Ch. 54, Sec. 6. )

    Verify source ↗

    This section creates the Zero-Emission Transit Capital Program, assigns administration and funding allocation duties to the Transportation Agency, lets regional transportation planning agencies spend program money on specified transit purposes, and requires an annual report by October 31.

    ## Public Resources Code - PRC ## DIVISION 44. Transit, Affordable Housing, and Sustainable Communities Program [75200 - 75260] ( Division 44 added by Stats. 2014, Ch. 36, Sec. 21. ) ## PART 6. Zero-Emission Transit Capital Program [75260- 75260.] ( Part 6 added by Stats. 2023, Ch. 54, Sec. 6. ) ## 75260. (a) The Zero-Emission Transit Capital Program is hereby established and shall be administered by the Transportation Agency. (b) Funds appropriated for the Zero-Emission Transit Capital Program shall be allocated by the Transportation Agency to regional transportation planning agencies with 50 percent of the moneys available to the program to be allocated pursuant to paragraph (1) of subdivision (a) of Section 99312.1 of the Public Utilities Code and the other 50 percent to be allocated pursuant to paragraph (2) of subdivision (a) of Section 99312.1 of the Public Utilities Code. (c) The Transportation Agency shall allocate funding under this program to regional transportation planning agencies subject to the requirements of Section 13987 of the Government Code and the guidelines adopted pursuant to that section. (d) A regional transportation planning agency may use moneys allocated under the program for the following purposes: (1) Funding zero-emission transit equipment, including, but not limited to, zero-emission vehicles and refueling infrastructure. (2) Funding transit operations expenditures that prevent service reduction or elimination in order to maintain or increase transit ridership. (e) A regional transportation planning agency may only use moneys for the purpose specified in paragraph (2) of subdivision (d) if the expenditure is consistent with a regional short-term financial plan or a long-term financial plan, as applicable, approved pursuant to Section 13987 of the Government Code. (f) In allowing the funds under the program to be available for operating costs, it is the intent of the Legislature for those expenditures to do all of the following: (1) Provide one-time multiyear bridge funding for transit operators to address operational costs until long-term transit sustainability solutions are identified. (2) Assist transit operators in preventing service cuts and increasing ridership. (3) Prioritize the availability of transit for riders who are transit dependent. (4) Prioritize transit agencies representing a significant percent of the region’s ridership. (g) By October 31 of each year, a regional transportation planning agency that received funding under the program shall submit a report to the Transportation Agency on the use of those funds during the previous fiscal year. The report shall include all of the following information: (1) How much funding was used for operating costs. (2) The number, type, date, and location of zero-emission buses, trains, or other vehicles purchased. (3) The number, type, data, and location of electric charging stations or hydrogen fueling stations installed. (4) The nameplate capacity of installed equipment in kilowatts for electric charging stations and kilograms per day for hydrogen fueling stations. (5) The total costs and the source of funding for vehicles and equipment purchased using these funds. (h) For purposes of this section, “regional transportation planning agency” means a recipient of funding described in paragraphs (1) and (2) of subdivision (a) of Section 99312.1 of the Public Utilities Code. (Added by Stats. 2023, Ch. 54, Sec. 6. (SB 125) Effective July 10, 2023.)
  158. 7527.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    The party who filed the affidavit must start an action within 30 days after the order of reference, and the complaint must include copies of the relevant affidavits.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7527. Within 30 days from the date of such order of reference, the party filing the affidavit raising such questions shall commence, in such court, an action to determine the questions. In his complaint in the action he shall set forth copies of the affidavit filed by the person desiring to purchase the land, and of the affidavit filed by himself with the commission. The production of a certified copy of the order of reference shall give the court full and complete jurisdiction to hear and determine the action. Pending the final judgment in the action, all proceedings in the commission’s office respecting the lands shall be stayed. (Added by Stats. 1943, Ch. 609.)
  159. 7528.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    If the trial shows the purchase affidavit was false or the settler/occupant affidavit was true, the court must cancel any approval of location or certificate of purchase. If the opposite is shown, the court must enter judgment accordingly.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7528. If upon the trial of such action it appears that any of the statements made in the affidavit filed by the person desiring to purchase the land were false, or if it appears that the statements made in the affidavit filed by the settler or occupant of such land are true, the approval of location or certificate of purchase, if any has been made or issued, shall be canceled by judgment of the court. But if it appears that the statements contained within the affidavit of the person desiring to purchase the land are true, and that the statements made in the affidavit of the settler or occupant are untrue, the court shall enter its judgment accordingly. (Added by Stats. 1943, Ch. 609.)
  160. 7529.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    If a final court judgment is filed with the commission, the commission must cancel the location or certificate of purchase when the judgment cancels it, and must approve the location or issue purchase/title evidence when the judgment says the buyer is entitled to purchase the land.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7529. Upon the filing with the commission of a copy of the final judgment of the court, the commission shall, if the judgment of the court cancels the location or certificate of purchase, enter an order of cancellation accordingly. But if by the judgment it is decreed that the person desiring to purchase the land is entitled to purchase it, the commission shall approve the location, or issue the certificate of purchase or other evidence of title, in accordance with the judgment. (Added by Stats. 1943, Ch. 609.)
  161. 753.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    “Forestry” is defined for this article, and public and private foresters must be licensed when they make certain evaluations and determinations about mitigation for forestry impacts.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 753. “Forestry,” as used in this article, refers to the science and practice of managing forested landscapes and the treatment of the forest cover in general, and includes, among other things, the application of scientific knowledge and forestry principles in the fields of fuels management and forest protection, timber growing and utilization, forest inventories, forest economics, forest valuation and finance, and the evaluation and mitigation of impacts from forestry activities on watershed and scenic values, to achieve the purposes of this article. The practice of forestry applies only to those activities undertaken on forested landscapes. The professions specified in Section 772 are not practicing forestry when mitigating or recommending mitigation of impacts from previous forestry activities on related watershed or ecological values within their area of professional expertise or when recommending those mitigations for proposed timber operations. However, public and private foresters are required to be licensed pursuant to this article when making evaluations and determinations of the appropriate overall combination of mitigations of impacts from forestry activities necessary to protect all forest resources. (Repealed and added by Stats. 1993, Ch. 784, Sec. 4. Effective January 1, 1994.)
  162. 7530.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    A buyer of certain segregated but unsectionized lands must apply to the county surveyor for a survey and attach the survey certificate to the purchase affidavit.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7530. Any person desiring to purchase lands, as provided in this article, which have been segregated by authority of the United States, but which have not been sectionized by the same authority, shall apply to the surveyor of the county in which the land is situated, to have the land which he desires to purchase surveyed. A certificate of such survey shall be attached to the affidavit required for the purchase of the lands. All surveys required of county surveyors by this section shall conform, as nearly as practicable, to the system adopted by the United States for the survey of the public lands. (Added by Stats. 1943, Ch. 609.)
  163. 7531.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    The purchaser must make payments to the county treasurer, who must receive and endorse the payments and direct the purchaser to take the endorsed certificate to the county auditor.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7531. All payments shall be made by the purchaser to the county treasurer of the county in which the land is situated. The treasurer shall receive the amounts to be paid including the fee for the certificate of purchase, if any. The treasurer shall endorse upon the certificate of purchase the amount of all payments and shall direct the purchaser to take the certificate of purchase, so endorsed, to the county auditor who shall charge the treasurer with the amount received and make his check upon the endorsed receipt. (Added by Stats. 1943, Ch. 609.)
  164. 7532.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    Each year on July 1, the county treasurer must prepare a detailed report about swamp, overflowed, and tide lands receipts and send it to the auditor.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7532. Upon the first day of July of each year the county treasurer shall prepare a report showing all moneys received for swamp and overflowed and tide lands during the preceding year, the number of the location or survey, the name of the purchaser, and the amount paid since the date of his last report, whether as principal or interest. The payment of the fee for the certificate of purchase shall also be entered in the proper column. The treasurer shall then send the report to the auditor who shall compare the items with the account of the treasurer and if it agrees with his entries countersign it and return it to the county treasurer. (Added by Stats. 1943, Ch. 609.)
  165. 7533.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    The commission must post the reported payment to the purchaser’s credit, notify the county treasurer, and return any incorrect report for correction.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7533. These reports shall be forwarded to the commission, and upon receipt thereof the commission shall enter the payment so reported to the credit of the purchaser, and shall notify the county treasurer of the receipt of his report, or if it is not correct return it for correction. (Added by Stats. 1943, Ch. 609.)
  166. 7534.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    The county treasurer must keep money from swamp and overflowed land sales in a separate trust fund or trust account and calculate interest using the dates stated in the section.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7534. The county treasurer shall retain all money arising from the sale of swamp and overflowed lands and place it to the credit of a separate trust fund or trust account. He shall compute interest on all sales of such lands from the date of the approval of the survey or the date of the certificate of location to the first day of January following such date, or, if for lands already purchased, up to the first of January following the day upon which the interest falls due, after which time all payments of principal and interest fall due on the first day of January. (Amended by Stats. 1961, Ch. 396.)
  167. 7535.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    County supervisors must set aside certain swamp-land fund money for a reclamation district, and district fund money may be used only for reclaiming land in the district or paying owners after reclamation.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7535. If a reclamation district is organized in any county, the board of supervisors of each county in which any portion of the lands of the district are located, upon the application of any interested party, shall direct the auditor and treasurer to set apart from the county swamp-land fund all money received in payment of principal and interest on the lands within the district, as a fund to the credit of the district, after deducting any money previously expended from the swamp-land fund for the benefit of land within the district. The money in the district fund shall be paid out only for the purpose of reclaiming land within the district, or to the owners of such land after reclamation, as provided by law. All money paid in upon these lands and diverted to the use and benefit of other lands shall be replaced out of the first receipts from the land so benefited. (Added by Stats. 1953, Ch. 154.)
  168. 7536.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    If certain land expenses were paid from the county swamp-land fund, the county treasurer must subtract those expenses before returning money to the land owner.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7536. If any expenses pertaining to land in a reclamation district have been paid from the county swamp-land fund including expenses for attorney’s fees in the examination of the character of the land, the county treasurer shall deduct this amount from the amount otherwise found due to the land for which the expenses were paid, and only return to the owner of the land that portion of the money paid on the land which remains after deducting the amount paid for expenses pertaining to the land. (Added by Stats. 1953, Ch. 154.)
  169. 7537.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    Sections 7535 and 7536 do not apply to districts with outstanding controller’s warrants until those warrants are paid.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 [7521 - 7537] ( Article 2 added by Stats. 1943, Ch. 609. ) ## 7537. Sections 7535 and 7536 do not apply to districts upon which controller’s warrants are outstanding, until after all of the warrants are paid. (Added by Stats. 1953, Ch. 154.)
  170. 754.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    This section defines “forested landscapes.”

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 754. “Forested landscapes” means those tree dominated landscapes and their associated vegetation types on which there is growing a significant stand of tree species, or which are naturally capable of growing a significant stand of native trees in perpetuity, and is not otherwise devoted to nonforestry commercial, urban, or farming uses. (Repealed and added by Stats. 1993, Ch. 784, Sec. 6. Effective January 1, 1994.)
  171. 755.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    In this article, “person” means a natural person.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 755. “Person” as used in this article means any natural person. (Added by Stats. 1976, Ch. 1300.)
  172. 7551.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    Certain settlers on specified state swamp and overflowed lands are given preferred purchaser status for six months after segregation.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. ) ## 7551. Settlers upon swamp and overflowed lands belonging to the State who occupy such lands for farming or grazing purposes, and whose occupation is evidenced by actual enclosure, or by ditches or monuments showing the actual extent thereof, are preferred purchasers of such lands for six months after segregation. (Added by Stats. 1943, Ch. 609.)
  173. 7552.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    Certain California lands are to be treated as swamp and overflowed lands once state patents issue, but the section protects homestead/preemption settler rights and some settlers’ title-perfection rights.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. ) ## 7552. Lands within this State which are returned by the United States as swamp and overflowed lands, and shown as such on approved township plats, shall, as soon as patents are issued therefor by this State, be held to be of the character so returned. Nothing in this section shall be construed to affect the rights of any homestead or preemption settler claiming under the laws of the United States, nor to prejudice the rights of any settler located upon such lands to perfect title to the lands if permitted under existing laws. (Added by Stats. 1943, Ch. 609.)
  174. 7552.5.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    Certain formerly state-granted swamp and overflowed lands are treated as free of the common law public trust, and dredging those lands does not create that trust; instead, it creates a public navigational easement over the waters that flow over the property.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. ) ## 7552.5. Where lands above the ordinary high-water mark, granted to the state by the Arkansas Swamp Lands Act, Act of September 28, 1850, have been conveyed into private ownership by the State of California pursuant to an act authorizing the sale and conveyance of swamp and overflowed lands, such swamp and overflowed lands, by definition, are taken free of the common law public trust for commerce, navigation, and fisheries. Where a private owner, deriving title by virtue of such a conveyance of swamp and overflowed lands, dredges or has dredged such lands pursuant to then existing law, and such dredging results or has resulted in the navigable waters of the state flowing over such lands, such acts shall not operate to create or impose the common law public trust for commerce, navigation, and fisheries with respect to such lands. Such acts shall operate to create a navigational easement, in favor of the public, upon the waters which flow over the affected real property. The navigational easement so created may be extinguished only upon the lawful removal of the navigable waters from the real property. (Added by Stats. 1982, Ch. 123, Sec. 1.)
  175. 7553.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    If the original patent for swamp and overflowed State land has been lost or destroyed and cannot be found in the listed records, the commission must issue a replacement patent to the original purchaser and charge the same fee as for an original patent.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. ) ## 7553. When the original patent to swamp and overflowed land of the State has been lost or destroyed, and is not of record in the county where the land is situate, and no duplicate or copy thereof is in the office of the Secretary of State or in the office of the commission, a patent shall be issued to the original purchaser for the same land, as other patents are issued, when it is proven to the satisfaction of the commission from the data in the office of the Secretary of State, or in the office of the commission, that an original patent has been lawfully issued to the original purchaser, and from other satisfactory proof that it has been lost or destroyed, and is not of record in the recorder’s office of the county in which the land is situate. The patent so reissued shall have the same force and effect as the original patent, and shall contain the clause “This patent is issued to take the place of the original patent issued for the same land, on the (give date of original patent, and by whom issued), and is not intended to change the title of the persons in whom the land is now vested and only to complete the record title from the State of California.” The commission shall collect the same fee therefor as in issuing original patents. (Added by Stats. 1943, Ch. 609.)
  176. 7554.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    A person with a vested interest in certain swamp and overflowed land must file an affidavit with the commission to get a lost or destroyed patent reissued.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. ) ## 7554. Any person having a vested interest in any swamp and overflowed land, covered by a patent lost or destroyed, and not of record in the county where the land is situate, in order to obtain the reissuing of the patent as provided in Section 7553, shall make an affidavit and file it in the office of the commission, setting forth that he has a vested interest in the land, or a part thereof, to which he makes application for a patent to be reissued from the State of Califoria. He shall also state in the affidavit the chain of title from the original patentee to and including the present owners of the land described in the original patent. (Added by Stats. 1943, Ch. 609.)
  177. 7555.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    A buyer or claimant of swamp-and-overflowed lands may sue the state to establish boundaries or quiet title, must include a plat in the complaint, and cannot recover costs against the state.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. ) ## 7555. (a) In a case in which the state has sold lands acquired by it as swamp and overflowed lands, the person claiming or deraigning title to any lands through or under a purchase of the lands from the state may bring suit against the state in a court of competent jurisdiction of the state to establish the boundaries of, and to quiet title to, the land or a portion of the land, and may prosecute the suit to final judgment. The complaint in the action shall contain a plat of the property described in the complaint, which plat shall show the location of the property in respect to a section corner, the location of which is shown on an approved United States government township plat, or in respect to a monument that has been established by reference to a section corner. (b) Service of summons in the suits shall be made upon the Chair of the State Lands Commission and upon the Attorney General, and the Attorney General shall represent the state in the suits. (c) Costs against the state shall not be allowed in the suit. (Amended by Stats. 2011, Ch. 296, Sec. 261. (AB 1023) Effective January 1, 2012.)
  178. 7556.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. )

    Verify source ↗

    Certain swamp and overflowed lands near San Quentin, San Francisco, or Oakland are excluded from this chapter.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 2. Sale of Swamp and Overflowed Lands [7501 - 7556] ( Chapter 2 added by Stats. 1943, Ch. 609. ) ## ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands [7551 - 7556] ( Article 3 added by Stats. 1943, Ch. 609. ) ## 7556. All swamp and overflowed lands within one mile of the State Prison at San Quentin, within the City and County of San Francisco, City of Oakland, or within five miles of the corporate limits of either, are excluded from the operation of this chapter. (Added by Stats. 1943, Ch. 609.)
  179. 756.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    This section allows a person to do activities otherwise limited to professional foresters, certified specialists, or qualified but exempt certificants if a registrant is in charge and the work or documents are done by or under that registrant’s supervision.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 756. Nothing in this article prohibits any person from engaging in those activities otherwise restricted to professional foresters, certified specialists, or qualified but exempt certificants, provided a registrant is in charge of the professional practice or work of that person and all professional work or documents are done by or under the supervision of the registrant. (Amended by Stats. 1991, Ch. 748, Sec. 3.)
  180. 757.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    This article does not apply to certain landowners who are natural persons and personally perform professional forester services on their own land.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 757. This article does not apply to a landowner who is a natural person and who personally performs services of a professional forester, when those services are personally performed on lands owned by that person. (Amended by Stats. 2021, Ch. 133, Sec. 41. (SB 272) Effective July 23, 2021.)
  181. 758.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    This article does not authorize registered professional foresters to practice civil engineering, land surveying, or landscape architecture.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 758. This article shall not be construed to authorize a registered professional forester to practice civil engineering as defined in Chapter 7 (commencing with Section 6700) of Division 3 of the Business and Professions Code or to practice land surveying as defined in Chapter 15 (commencing with Section 8700) of Division 3 of the Business and Professions Code or to practice landscape architecture, as defined in Chapter 3.5 (commencing with Section 5615) of Division 3 of the Business and Professions Code. (Amended by Stats. 1991, Ch. 748, Sec. 4.)
  182. 759.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The board may adopt regulations and rules it считает reasonably necessary to carry out this article.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 759. The board may by regulation adopt such rules and regulations pursuant to Chapter 4.5 (commencing with Section 11371) of Part 1 of Division 3 of Title 2 of the Government Code, as it determines are reasonably necessary to enable it to carry into effect the provisions of this article. (Added by Stats. 1976, Ch. 1300.)
  183. 760.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The board must consider matters about professional forester registration at least once every six months, and may meet as needed for that purpose.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 760. The board shall consider matters pertaining to the registration of professional foresters at least once every six months at regular meetings and may, as necessary, meet solely for the purpose of considering matters to carry out the provisions of this article. (Added by Stats. 1976, Ch. 1300.)
  184. 760.5.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

    Verify source ↗

    The board may hire needed, budgeted support staff. Those staff are subject to state civil service rules, but the executive officer is exempt from civil service.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 760.5. The board may hire the clerical and secretarial employees, technical personnel, and other staff who are necessary and budgeted to properly assist the work of the board in carrying out the purposes of this article. This staff personnel shall be subject to the relevant system and procedures of the state civil service. The provisions of the State Civil Service Act contained in Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code shall apply to that personnel. The executive officer shall be an employee exempt from civil service. (Amended by Stats. 1991, Ch. 748, Sec. 5.)
  185. 76000.

    ## Public Resources Code - PRC ## DIVISION 45. Fluorinated Refrigerants [76000 - 76008] ( Division 45 added by Stats. 2018, Ch. 375, Sec. 2. )

    Verify source ↗

    This section defines “GWP” as global warming potential for this division.

    ## Public Resources Code - PRC ## DIVISION 45. Fluorinated Refrigerants [76000 - 76008] ( Division 45 added by Stats. 2018, Ch. 375, Sec. 2. ) ## 76000. For purposes of this division, “GWP” means global warming potential. (Added by Stats. 2018, Ch. 375, Sec. 2. (SB 1013) Effective January 1, 2019.)
  186. 76002.

    ## Public Resources Code - PRC ## DIVISION 45. Fluorinated Refrigerants [76000 - 76008] ( Division 45 added by Stats. 2018, Ch. 375, Sec. 2. )

    Verify source ↗

    The Public Utilities Commission must consider developing a strategy to include low-GWP refrigerants in equipment funded by its energy efficiency programs.

    ## Public Resources Code - PRC ## DIVISION 45. Fluorinated Refrigerants [76000 - 76008] ( Division 45 added by Stats. 2018, Ch. 375, Sec. 2. ) ## 76002. The Public Utilities Commission shall consider developing a strategy for including low-GWP refrigerants in equipment funded by the energy efficiency programs overseen by the Public Utilities Commission. (Added by Stats. 2018, Ch. 375, Sec. 2. (SB 1013) Effective January 1, 2019.)
  187. 76004.

    ## Public Resources Code - PRC ## DIVISION 45. Fluorinated Refrigerants [76000 - 76008] ( Division 45 added by Stats. 2018, Ch. 375, Sec. 2. )

    Verify source ↗

    The Commission must identify opportunities to assess the energy efficiency performance of low-GWP alternatives for current fluorinated-gas-based appliances and equipment.

    ## Public Resources Code - PRC ## DIVISION 45. Fluorinated Refrigerants [76000 - 76008] ( Division 45 added by Stats. 2018, Ch. 375, Sec. 2. ) ## 76004. The State Energy Resources Conservation and Development Commission shall identify opportunities to assess the energy efficiency performance for low-GWP alternatives for current fluorinated-gas-based appliances and equipment. (Added by Stats. 2018, Ch. 375, Sec. 2. (SB 1013) Effective January 1, 2019.)
  188. 76006.

    ## Public Resources Code - PRC ## DIVISION 45. Fluorinated Refrigerants [76000 - 76008] ( Division 45 added by Stats. 2018, Ch. 375, Sec. 2. )

    Verify source ↗

    The Department of Community Services and Development must consider integrating low GWP into its ongoing administration of household appliance energy efficiency programs.

    ## Public Resources Code - PRC ## DIVISION 45. Fluorinated Refrigerants [76000 - 76008] ( Division 45 added by Stats. 2018, Ch. 375, Sec. 2. ) ## 76006. The Department of Community Services and Development shall consider integrating low GWP as part of its ongoing administration of energy efficiency programs for household appliances, including, but not limited to, the Energy Efficiency Low-Income Weatherization Program. (Added by Stats. 2018, Ch. 375, Sec. 2. (SB 1013) Effective January 1, 2019.)
  189. 76008.

    ## Public Resources Code - PRC ## DIVISION 45. Fluorinated Refrigerants [76000 - 76008] ( Division 45 added by Stats. 2018, Ch. 375, Sec. 2. )

    Verify source ↗

    This section establishes a refrigerant incentive program to be run by the State Air Resources Board and lets the board hire a third party to help administer it.

    ## Public Resources Code - PRC ## DIVISION 45. Fluorinated Refrigerants [76000 - 76008] ( Division 45 added by Stats. 2018, Ch. 375, Sec. 2. ) ## 76008. (a) (1) The Fluorinated Gases Emission Reduction Incentive Program is hereby established to be administered by the State Air Resources Board to promote the adoption of refrigerant technologies to achieve short- and long-term climate benefits, energy efficiency, and other cobenefits. (2) Moneys for the program shall be available to the State Air Resources Board, upon appropriation by the Legislature, including, but not limited to, moneys from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. (b) The state board may contract with a third party to administer this section. (c) Eligible applicants shall be users of systems of refrigerant technologies. (d) When awarding incentives, the State Air Resources Board shall prioritize both of the following: (1) Low-GWP alternatives that maximize emissions reductions and focus on key cooling sectors where technology is commercially available. (2) The use of low-GWP alternatives in new technologies for which higher upfront costs, compared with hydrofluorocarbon systems, have been identified by the State Air Resources Board as a market impediment. (e) The program shall include all of the following: (1) Allow a retailer to apply for funding for multiple stores or units. (2) Identify opportunities for outreach efforts to demonstrate and provide information about low-GWP alternatives in refrigeration and air-conditioning. (3) Require the professional installation and maintenance of alternative refrigeration and air-conditioning equipment in order to maximize energy efficiency and minimize emissions. (4) Identify opportunities to increase the recovery, reclamation, or destruction of existing high-GWP refrigerants. (5) Identify opportunities to offer matching funds to local publicly owned electric and gas utilities that offer their own low-GWP incentive programs. (6) Comply with federal and state laws regarding the disposal and capture of fluorinated gases. (7) Determine the most environmentally beneficial outcome for the replaced equipment. (Added by Stats. 2018, Ch. 375, Sec. 2. (SB 1013) Effective January 1, 2019.)
  190. 7601.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. )

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    A person who wants to buy certain reclaimed inland lake, swamp, or overflow lands must apply to the commission and file an affidavit with specific eligibility statements.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. ) ## 7601. Any person desiring to purchase any of the lands uncovered by the recession or drainage of the waters of inland lakes, and inuring to the State by virtue of her sovereignty, or the swamp and overflowed lands not segregated by the United States, shall make an application therefor to the commission. The application shall be accompanied by the applicant’s affidavit that he is a citizen of the United States, or has declared his intention to become such, that he is a resident of this State, of lawful age, that he desires to purchase such lands (describing them by legal subdivisions, or by metes and bounds, if the legal subdivisions are unknown), under the provisions of this chapter, for his own use and benefit, and for the use and benefit of no other person whomsoever, and that he has made no contract or agreement to sell the lands, and that he does not now own any State lands which, together with that now sought to be purchased, exceeds 640 acres. This section shall not affect or apply to any land uncovered by the recession or drainage of the waters of any lake or other body of water, the waters of which are so impregnated with minerals as to be valuable for the purpose of extracting therefrom such minerals. (Added by Stats. 1943, Ch. 609.)
  191. 7602.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. )

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    If land has not been sectionized, the commission must authorize the county surveyor to survey it, and the surveyor must complete the survey and file sworn documents within 30 days.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. ) ## 7602. Upon the filing of such application, if the land has not been sectionized, the commission shall authorize the county surveyor of the county where the whole or the greater portion of the land lies, to survey the land. He shall make an actual survey thereof, at the expense of the applicant, etablishing four corners to each quarter-section, and connecting the survey with a United States survey. Within 30 days he shall file with the commission a copy, under oath, of his field-notes and plat, and a statement under oath, showing whether or not the land is occupied by any actual settler. If the surveyor thus authorized fails to make his return to the commission within the time specified, the commission may designate another person to make the survey. (Added by Stats. 1943, Ch. 609.)
  192. 7603.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. )

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    An application to buy land under this chapter cannot be approved for 90 days after filing.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. ) ## 7603. No application to purchase land under this chapter shall be approved until the expiration of 90 days from the filing thereof, and meanwhile the land is subject to the adverse claim of any actual settler who resided thereon when the application was filed. (Added by Stats. 1943, Ch. 609.)
  193. 7604.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. )

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    The lands covered by this chapter must be sold at the price set by the commission.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. ) ## 7604. The lands designated in this chapter shall be sold at the price fixed by the commission. (Amended by Stats. 1968, Ch. 981.)
  194. 7605.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. )

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    If the listed lands can be cultivated without reclamation, they may be sold only to actual settlers, and each tract may not exceed 160 acres.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. ) ## 7605. If any of the lands described in this chapter are suitable for cultivation without reclamation, they shall be sold only to actual settlers in tracts not exceeding 160 acres. (Added by Stats. 1943, Ch. 609.)
  195. 7606.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. )

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    Land in this chapter that overflows periodically and can be reclaimed may be reclaimed through districts, but the county board of supervisors must first find reclamation is necessary and feasible on proper petition.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. ) ## 7606. Any of the lands designated in this chapter which, by reason of periodical overflow, need, and are susceptible of, reclamation, may be reclaimed by the formation of districts, in the same manner and subject to all of the provisions of law regulating the reclamation of swamp and overflowed lands. The board of supervisors of the county in which the lands, or the greater part thereof, are situated, shall first determine, upon proper petition presented therefor by the holders of the title, or evidence of title, representing one-half or more of any body of such land, that such reclamation is necessary and feasible. (Added by Stats. 1943, Ch. 609.)
  196. 7607.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. )

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    A challenge to a purchaser’s title under this chapter is barred unless it is shown that the land was not of the kind described in Section 7601.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. ) ## 7607. When land has been sold under this chapter, no contest can be maintained against the purchaser on the ground that the land is not of the character stated in the application, unless it is shown that it is not of the character recited in Section 7601. (Added by Stats. 1943, Ch. 609.)
  197. 7608.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. )

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    Certain pre-May 20, 1907 certificates of purchase, patents, and payments for qualifying swamp and overflowed lands are declared valid.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. ) ## 7608. All uncanceled certificates of purchase and patents issued prior to May 20, 1907, and payments made prior to May 20, 1907, for any lands as swamp and overflowed lands, which belong to any of the classes described in Section 7601, whether or not such lands were segregated or sectionized, are for all purposes valid, and have the same force and effect as if such lands had been at all times subject to sale as swamp and overflowed lands. (Added by Stats. 1943, Ch. 609.)
  198. 7609.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. )

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    Plats made before May 20, 1907 for swamp and overflowed land are treated as valid surveys.

    ## Public Resources Code - PRC ## DIVISION 6. PUBLIC LANDS [6001 - 8558] ( Division 6 added by Stats. 1941, Ch. 548. ) ## PART 3. SALE OF PUBLIC LANDS [7301 - 8106] ( Part 3 added by Stats. 1943, Ch. 609. ) ## CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands [7601 - 7609] ( Chapter 3 added by Stats. 1943, Ch. 609. ) ## 7609. All plats of any of the lands described in Section 7601, which were made prior to May 20, 1907, under authority of the United States Surveyor General, and which plats designate the lands as swamp and overflowed land, shall be deemed valid and effectual as surveys of such lands from and after the date thereof. (Added by Stats. 1943, Ch. 609.)
  199. 761.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

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    The board must keep a complete record of all applications for registration and certification, and of the board’s action on them.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 761. The board shall keep a complete record of all applications for registration and certification and the board’s action thereon. (Added by Stats. 1976, Ch. 1300.)
  200. 762.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. )

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    The board may make regulations for issuing certificates of specialization and may establish the specialization fields.

    ## 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 3. Professional Foresters [750 - 783] ( Article 3 added by Stats. 1976, Ch. 1300. ) ## 762. The board may by regulation provide for the issuance of certificates of specialization in such fields of specialization as the board may by regulation establish. (Added by Stats. 1976, Ch. 1300.)

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