citation: PRC § 9836

text: The treasurers of each of the counties, other than the principal county, shall, not less than twice a year or upon order of the directors, settle with the directors and pay to the principal county all money belonging to the improvement district and in their possession.

history: (History: Amended by Stats. 1981, Ch. 686, Sec. 4.)

article: 2. Assessments


kind: section

code: PRC

citation: PRC § 9837

text: The assessment and each installment of it shall be and remain a lien on the real property in the improvement district in the same manner as and in addition to the annual assessment of the district.

history: (History: Added by Stats. 1975, Ch. 513.)

division: 9. RESOURCE CONSERVATION

article: 2. Assessments

path: 9. RESOURCE CONSERVATION > 10. Improvement Districts in Resource Conservation Districts > 2. Assessments


citation: PRC § 9838

text: Upon a change or resubdivision of any parcel of real property in an improvement district, the directors upon their own initiative or upon a petition of the owner of the parcel so changed or resubdivided, may reapportion the improvement district assessment upon the parcel, and the order of reapportionment shall be recorded in the same manner as the order levying the original assessment.

chapter: 10. Improvement Districts in Resource Conservation Districts

article: 2. Assessments


citation: PRC § 9839

text:
If the actual cost of the improvements is substantially less than the estimated cost the assessment may be reduced proportionately on each parcel by recomputing it based on actual costs with the percentage and interest provided for in Section 9831 added thereto. The reapportionment or a statement that the assessment on each parcel has been reduced by a designated percentage shall be recorded in the same manner as the order levying the original assessment.

Installments of assessments levied on district-owned real property becoming due while the real property is still owned by the district shall be paid by the district. Conveyance of such real property into private ownership shall not release the lien thereon of the assessment and the unpaid installments of it.

article: 2. Assessments


citation: PRC § 9840

text: If the assessments levied upon real property in an improvement district are insufficient to pay the cost of improvements or the warrants issued for the improvements, a supplemental assessment shall be levied upon all of the real property in the improvement district sufficient to pay the cost or the warrants.

article: 2. Assessments


citation: PRC § 9841

text: The procedure followed in making the supplemental levy shall be substantially the same as for making the original levy, except that no petition is required.

article: 2. Assessments


citation: PRC § 9842

text: Whenever it is desired to do additional work or acquire additional property in or for an improvement district, upon the petition of two-thirds in number of the owners of real property in the improvement district, an additional assessment may be levied substantially in the same manner as the original assessment.

article: 2. Assessments


citation: PRC § 9851

text: If at any time it is desired to include additional real property within an improvement district, a petition for inclusion signed by the owners of real property to be included may be filed with the directors.

history: (History: Repealed and added by Stats. 1975, Ch. 513.)

article: 3. Inclusion of Land

path: 9. RESOURCE CONSERVATION > 10. Improvement Districts in Resource Conservation Districts > 3. Inclusion of Land


citation: PRC § 9852

text: The inclusion petition shall describe the boundaries of the improvement district as enlarged by the proposed inclusions and give the names and addresses of the owners of the additional real property in substantially the same manner as in the original petition for forming an improvement district.

article: 3. Inclusion of Land


citation: PRC § 9853

text: The same proceedings shall be had on the improvement district inclusion petition as upon the original petition for the formation of an improvement district.

article: 3. Inclusion of Land


citation: PRC § 9854

text: The directors may prescribe any conditions upon the inclusion of the real property that they deem just.

article: 3. Inclusion of Land


citation: PRC § 9855

text: If any conditions not contained in the petition for inclusion are prescribed by the directors the real property shall not be included until two-thirds in number of the petitioners approve the conditions in writing.

article: 3. Inclusion of Land


citation: PRC § 9861

text: In a district containing an improvement district the directors and all of the officers of the district each respectively has all the rights, powers, and privileges as to the improvement district, its real property, and the proceedings in relation to the improvement district that each respectively has for the district of which the improvement district is a part including the right of the district to acquire, own, and hold property.

article: 4. Improvement District Management

path: 9. RESOURCE CONSERVATION > 10. Improvement Districts in Resource Conservation Districts > 4. Improvement District Management


citation: PRC § 9862

text: The directors may also hold property used or acquired in connection with the improvement in the name of the directors and their successors in office as trustees for the improvement district.

article: 4. Improvement District Management


citation: PRC § 9863

text: The directors of a district in which an improvement district exists may allow on terms that may be agreed upon any person to carry water through any conduit for the improvement of which the improvement district was formed and may cancel the right in the event that payments are not made in accordance with the agreed terms.

article: 4. Improvement District Management


citation: PRC § 9864

text: The work of improvement provided for in this chapter and the purchase of all supplies, material, and equipment therefor shall be performed by the district, or in the discretion of the directors contracts may be made for the work and material after notice calling for bids, as prescribed by the directors.

article: 4. Improvement District Management


citation: PRC § 9865

text: The directors may, in lieu in whole or in part of levying assessments for the operation of improvement district works, fix and collect reasonable charges for the use of water or for any other service furnished by means of the improvement district works.

article: 4. Improvement District Management


citation: PRC § 9866

text: All such tolls, connections charges, and additional assessments shall be held and applied upon and reduce the last installment or installments of the improvement district assessment.

article: 4. Improvement District Management


citation: PRC § 9867

text: The directors may provide for the maintenance and operation of the works of an improvement district from the funds of the resource conservation district in lieu of levying further improvement district assessments for such purposes.

article: 4. Improvement District Management


citation: PRC § 9868

text: Notwithstanding any other provision of this code, the directors of a district in which an improvement district exists may establish facilities use charges for the use of the facilities in such improvement district and, in establishing such charges, may provide that water shall be furnished or delivered through such facilities only to lands and real property in such improvement district in respect of which such facilities use charges or annual installments thereof, fixed as provided in this section, shall have been paid in advance. Such facilities use charges shall be in amounts equal to the respective amounts of the assessments theretofore levied against the real property in such improvement district for the purpose of providing such facilities. In establishing such charges the directors shall provide (a) that payment in full of any such assessment shall constitute payment in advance in full of such facilities use charge; (b) that all facilities use charges not so paid in advance in full shall be payable in annual installments, each such annual installment to be equal in amount to (i) the annual installment of the unpaid assessment theretofore levied against the real property in respect of which such charge is payable and due on or before the next succeeding November 20th plus interest thereon at the rate provided in the order levying such assessment plus 10 percent in addition (added for anticipated delinquencies), plus (ii) all delinquent annual installments, if any, of such unpaid assessment together with penalties and interest at said rate on such delinquent installments; and (c) that payment of any annual installment of any such facilities use charge shall constitute payment in full of the annual installment of such unpaid assessment due on or before the next succeeding November 20th and of all delinquent annual installments, if any, of such unpaid assessment.

article: 4. Improvement District Management


citation: PRC § 9869

text:
On behalf of an improvement district the directors may do any or all acts necessary or desirable to carry out the purposes of the improvement district, including, but not limited to any or all of the following:

(a) Acquire without cost to the United States such land, easements, or rights-of-way as will be needed in connection with improvements installed or constructed with the financial assistance of the United States;

(b) Assume such share of the cost of installing or constructing any improvements involving the financial assistance of the United States as are equitable in consideration of the anticipated benefits from such improvements;

(c) Defray the costs of operation and maintenance of such works of improvement in accordance with such terms as may be agreed upon;

(d) Acquire, or provide assurance that the district, the improvement district, or the owners of real property have acquired, such water rights as may be needed in the installation and operation of the work of improvment;

(e) Obtain agreements to carry out soil conservation measures and proper farm plans from owners of real property in connection with such a work of improvement.

article: 4. Improvement District Management


citation: PRC § 9870

text: On behalf of an improvement district, the directors may cooperate and contract with the United States, or with any officer, department, bureau, or agency thereof, to accomplish any of the purposes of the improvement district, or to exercise any of the powers of the directors in relation to such improvement districts.

article: 4. Improvement District Management


citation: PRC § 9881

text: A district may issue improvement district warrants signed by its president and secretary in face amount not exceeding in the aggregate the cost of the improvements exclusive of interest and amounts paid prior to the issuance of these warrants on the assessment levied to pay for the improvement.

article: 5. Improvement District Warrants

path: 9. RESOURCE CONSERVATION > 10. Improvement Districts in Resource Conservation Districts > 5. Improvement District Warrants


citation: PRC § 9882

text: Improvement district warrants shall be made payable in amounts and at the times corresponding substantially to the amounts and times of payment of the installments of the improvement district assessment.

article: 5. Improvement District Warrants


citation: PRC § 9883

text: Improvement district warrants shall bear interest at the rate fixed at the time of the levy of the improvement district assessment, and the interest may be made payable semiannually.

article: 5. Improvement District Warrants


citation: PRC § 9884

text: Coupons for the interest on these warrants may be attached to them.

article: 5. Improvement District Warrants


citation: PRC § 9885

text:
Improvement district warrants may be made payable to any of the following:

(a) Bearer.

(b) Persons furnishing work, labor, or material.

(c) The contractor if the work of improvement is to be done under contract.

article: 5. Improvement District Warrants


citation: PRC § 9886

text: Improvement district warrants may be sold by the district for not less than par at either public or private sale.

article: 5. Improvement District Warrants


citation: PRC § 9887

text: Any surplus funds and any money held by a district in a sinking or depreciation fund may in the discretion of its directors be invested in the warrants of any improvement district within the district.

article: 5. Improvement District Warrants


citation: PRC § 9888

text: Except as otherwise provided by law, the cost of constructing, acquiring, or improving works of an improvement district shall be paid only out of the proceeds of an improvement district assessment levied upon and collected from the real property in the improvement district for such purposes.

article: 5. Improvement District Warrants


citation: PRC § 9889

text: Improvement district warrants shall be paid only out of the proceeds of an improvement district assessment levied upon and collected from the real property within the improvement district for improvement purposes.

article: 5. Improvement District Warrants


citation: PRC § 9890

text: Improvement district warrants or their proceeds shall be used solely for making the improvements for which the improvement district was formed and the necessary incidental expenses.

article: 5. Improvement District Warrants


citation: PRC § 9901

text: At any time before improvement district warrants are issued, the amount of any improvement district assessment on any real property, exclusive of interest and the 10 percent added for anticipated delinquencies, may be paid in money to the treasurer of the principal county of the district.

article: 6. Advance Payment of Assessments

path: 9. RESOURCE CONSERVATION > 10. Improvement Districts in Resource Conservation Districts > 6. Advance Payment of Assessments


citation: PRC § 9902

text: Real property on which the amount of the improvement district assessment has been paid pursuant to Section 9901 shall not be subject to the annual installments of the assessments levied for the purposes of the improvement, but it shall be and remain liable for any assessments levied for operation and for any supplemental or additional improvement district assessments levied.

article: 6. Advance Payment of Assessments


citation: PRC § 9903

text: Any owner of real property of an improvement district who desires at any time to lessen or remove the lien upon his real property of any improvement district assessment may deliver to the treasurer of the principal county for cancellation warrants payable out of the assessment.

article: 6. Advance Payment of Assessments


citation: PRC § 9904

text: The directors may require warrants delivered to lessen or remove an improvement district assessment lien to be substantially of the average maturities of the issue of warrants.

article: 6. Advance Payment of Assessments


citation: PRC § 9905

text: The treasurer of the principal county shall notify the directors of the amount of the principal and interest due and to become due on the warrants delivered for cancellation. The directors shall thereupon cause the proper cancellation and proper record and credit to be made against the improvement district assessment on the real property of the person delivering the warrants.

article: 6. Advance Payment of Assessments


citation: PRC § 9911

text: All acts, proceedings, conclusions, and findings of fact, including the levy of an assessment, by the directors of a district concerning an improvement district therein shall be conclusive except in an action or proceeding instituted within six months after the acts, proceedings, conclusions, or findings were had or made.

article: 7. Actions and Proceedings

path: 9. RESOURCE CONSERVATION > 10. Improvement Districts in Resource Conservation Districts > 7. Actions and Proceedings


citation: PRC § 9912

text: An action to determine the validity of an assessment or of any warrants may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

article: 7. Actions and Proceedings


citation: PRC § 9921

text: At any time prior to the incurring of any indebtedness or upon the full payment of all indebtedness of an improvement district, a petition, signed and acknowledged by not less than the number of owners of real property constituting the improvement district required to sign a petition to form the improvement district, may be filed with the directors requesting that the improvement district be dissolved.

article: 8. Dissolution of Improvement Districts

path: 9. RESOURCE CONSERVATION > 10. Improvement Districts in Resource Conservation Districts > 8. Dissolution of Improvement Districts


citation: PRC § 9922

text: A hearing on dissolution shall be had in the same manner and after the same notice as is required for the formation of an improvement district.

article: 8. Dissolution of Improvement Districts


citation: PRC § 9923

text: The directors may, after the hearing, order the improvement district dissolved.

article: 8. Dissolution of Improvement Districts


citation: PRC § 9924

text: The order of dissolution shall be recorded in the same manner as the order forming the improvement district.

article: 8. Dissolution of Improvement Districts


citation: PRC § 9951

text: The Tahoe Resource Conservation District is hereby created to consist of those parts of the Counties of Placer and El Dorado lying within the Tahoe Basin adjacent to Lake Tahoe and that additional and adjacent part of the County of Placer outside of the Tahoe Basin which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, M.D.B. & M. The district lands defined and described herein shall be as precisely delineated on official maps of the district.

path: 9. RESOURCE CONSERVATION > 11. Tahoe Resource Conservation District


citation: PRC § 9952

text:
(a) Except as otherwise provided in this chapter, the organization and functions of the Tahoe Resource Conservation District shall be governed by the provisions of this division.

(b) The initial Board of Directors of the Tahoe Resource Conservation District shall be composed of the following five persons who shall each be an owner of land within the area described in Section 9951:

(1) One person appointed by the California Tahoe Regional Planning Agency who may be a member of that agency.

(2) One person appointed by the City of South Lake Tahoe.

(3) One person appointed by the Board of Supervisors of El Dorado County.

(4) Two persons appointed by the Board of Supervisors of Placer County.

(c) Successors to the members of the initial board of directors shall be elected at a general resource conservation district election in accordance with this division.

(d) Moneys received by a resource conservation district pursuant to Section 9505 on lands transferred to the Tahoe Resource Conservation District shall be transferred to the Tahoe Resource Conservation District, and all costs of establishing the Tahoe Resource Conservation District shall be a first charge on those funds. The Board of Directors of the Tahoe Resource Conservation District shall determine whether the treasury of Placer County or of El Dorado County shall be the depository of the funds of the Tahoe Resource Conservation District for the purposes of Article 2 (commencing with Section 9521) of Chapter 4.

history: (History: Amended by Stats. 2006, Ch. 68, Sec. 4. Effective January 1, 2007.)

chapter: 11. Tahoe Resource Conservation District


citation: PRC § 9953

text: It is not the intent of the Legislature that the Tahoe Resource Conservation District shall in any way affect the responsibilities, authority, and jurisdiction of the California Tahoe Regional Planning Agency, the Tahoe Regional Planning Agency, the California Tahoe Conservancy Agency, or the Tahoe Conservancy Agency.


citation: PRC § 9960

text:
The following definitions shall govern the interpretation of this chapter:

(a) “Suisun Marsh” means the Suisun Marsh as defined in Section 29101.

(b) “Primary management area” means the primary management area as defined in Section 29102.

(c) “Suisun Marsh Protection Plan” means the plan identified and defined in Section 29113.

(d) “District” means the Suisun Resource Conservation District.

(e) “Board” means the board of directors of the district.

(f) “Individual ownership” means a separate privately owned parcel of land within the primary management area. Contiguous parcels of land owned by the same legal entity comprise a single individual ownership.

(g) “Department” means the Department of Fish and Game.

history: (History: Amended by Stats. 1982, Ch. 1571, Sec. 1.)

path: 9. RESOURCE CONSERVATION > 12. Suisun Resource Conservation District


citation: PRC § 9961

text: Except as otherwise expressly provided in this chapter, the organization, powers, and functions of the district shall be governed by the provisions of this division.

history: (History: Added by Stats. 1977, Ch. 1155.)

chapter: 12. Suisun Resource Conservation District


citation: PRC § 9962

text:
(a) The district shall have primary local responsibility for regulating and improving water management practices on privately owned lands within the primary management area of the Suisun Marsh in conformity with Division 19 (commencing with Section 29000) and the Suisun Marsh Protection Plan.

(b) The district shall issue regulations requiring compliance with any water management plan or program for privately owned lands within the primary management area if the plan or program has been prepared by the district and approved and certified by the San Francisco Bay Conservation and Development Commission as a component of the local protection program required by Chapter 6 (commencing with Section 29500) of Division 19.

(c) Following certification of the district’s component of the local protection program by the San Francisco Bay Conservation and Development Commission, the board or its employees may, after approval by a vote of four-fifths of the membership of the board, obtain an inspection warrant pursuant to Title 13 (commencing with Section 1822.50) of Part 3 of the Code of Civil Procedure and enter onto privately owned lands within the primary management area for the purpose of determining whether or not the landowner is complying with the regulations of the district. Following a determination that a landowner is violating the regulations, and after written notice to the landowner, the board may request the District Attorney of the County of Solano to take appropriate action.

(d) The first violation by any person of any district regulation adopted pursuant to subdivision (b) shall be subject to a civil penalty not to exceed five hundred dollars ($500). A subsequent violation of the same district regulation by the same person shall be subject to a civil penalty not to exceed five thousand dollars ($5,000).

(e) The civil penalties prescribed in this section shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the District Attorney of the County of Solano. Such an action shall take precedence over all other civil matters on the calendar, except those matters to which equal precedence on the calendar is granted by law. Any penalty collected under this section shall be paid to the Treasurer of the County of Solano and shall be credited one-half to the county general fund and one-half to the district.

history: (History: Amended by Stats. 1982, Ch. 1571, Sec. 2.)


citation: PRC § 9963

text: Notwithstanding the provisions of Section 9803, the formation of an improvement district within the primary management area may be proposed and the petition therefor may be signed by a majority of the members of the board. Thereafter, proceedings with regard to the formation of the proposed improvement district shall be in accordance with Sections 9804 through 9821, inclusive. However, wherever “petition” is used in those provisions, it shall be deemed to refer to the petition of the majority of the members of the board; and, notwithstanding Section 9817, the petition shall not be required to be dismissed unless more than one-half of the holders of title to the real property within the proposed improvement district object to its formation or the levy of the proposed assessment.


citation: PRC § 9964

text:
The district may, with the consent of the owner, levy special assessments on the lands of the consenting owner within the district pursuant to the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code) or the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code) and issue bonds to represent unpaid assessments pursuant to the Improvement Act of 1911 or the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code) to finance the construction of improvements on those lands as provided by Section 9409.

Notwithstanding any provisions of Division 7 (commencing with Section 5000) or Division 12 (commencing with Section 10000) of the Streets and Highways Code, the district may contract for the construction of these improvements without inviting public bids therefor.

history: (History: Added by Stats. 1982, Ch. 1571, Sec. 3.)


citation: PRC § 9965

text:
(a) The Legislature finds that compliance with the mandated regulations of the district will produce public benefits by improving wildlife habitat in the primary management area and that providing public funds to partially offset the costs of complying with those regulations would serve a valid public purpose. Assistance under this section shall not be treated as taxable income to a private landowner.

(b) Each year the district shall submit to the department an estimate of an amount sufficient to reimburse the private landowners in the primary management area for 50 percent of the operation and maintenance costs which it anticipates they will incur the following fiscal year in carrying out this chapter and Division 19 (commencing with Section 29000). Funds for this purpose shall not exceed five thousand dollars ($5,000) per individual ownership. The funds shall be included in the budget of the department payable from the Wildlife Restoration Fund and shall be available to the department for disbursement to the private landowners in accordance with subdivision (c).

(c) Each fiscal year, any private landowner in the primary management area who desires to qualify for the assistance provided by this section shall, by December 31, submit to the district a claim for those costs incurred that calendar year in carrying out the operation and maintenance activities specified in that landowner’s individual ownership management program. Each claim shall be accompanied by substantiating documents, as determined by the district. The district shall review each claim to determine its appropriateness by, including, but not limited to, an onsite inspection to establish that the physical improvements or management procedures for which a claim is submitted have been satisfactorily completed. The district shall submit the individual ownership claims to the department for review and approval for payment equal to 50 percent of each claim. However, no payment shall exceed five thousand dollars ($5,000). In any fiscal year in which the funds appropriated for purposes of this section are insufficient to pay 50 percent of each claim, the department shall pay all approved claims on a pro rata basis. In any fiscal year in which no funds are appropriated for purposes of this section, the department shall pay no claims.

history: (History: Amended by Stats. 1983, Ch. 142, Sec. 126.)


citation: PRC § 9970

text: The provisions of this chapter apply only to the Ventura County Resource Conservation District. For the purposes of this chapter, “district” means the Ventura County Resource Conservation District.

history: (History: Added by Stats. 1978, Ch. 233.)

path: 9. RESOURCE CONSERVATION > 13. Ventura County Resource Conservation District


citation: PRC § 9971

text: Except as otherwise provided in this chapter, the organization and functions of the district shall be governed by the provisions of this division.

chapter: 13. Ventura County Resource Conservation District


citation: PRC § 9972

text:
Whenever any territory in the district is included in a city by reason of incorporation or annexation, that territory may be excluded from the district upon the effective date of its inclusion in the city, subject only to compliance by the district with the requirements of Chapter 8 (commencing with Section 54900) of Part 1 of Division 2 of Title 5 of the Government Code.

Upon the exclusion of such territory, all unencumbered funds standing to the credit of the area upon the date of its exclusion shall be divided between the city and the district in proportion to the assessed value of real property of the territory excluded and the portion remaining. For the purpose of this section, “unencumbered funds” means a sum of money consisting of uncollected taxes, including taxes levied and collected for the territory on property withdrawn after the date of exclusion, and other uncollected amounts belonging to or due such territory, that is in excess of an amount sufficient to pay all claims and accounts against the territory.

In the event the district has indebtedness evidenced by bonds and the indebtedness is outstanding and owing on the date of exclusion, the property within any territory excluded from the district shall remain liable for assessment and payment of its pro rata share of the tax therefor.


text:
The Legislature finds and declares as follows:

(a) A substantial increase has occurred in the number of requests to appropriate water from the various streams and watercourses of this state, especially for the purpose of generating electric energy.

(b) These requests, if approved without due regard for their cumulative effect on streamflows, could adversely affect, to a serious and significant degree, the fish and wildlife resources dependent on those streams and watercourses.

(c) These fish and wildlife resources are important for the entire state and are inextricably linked to the continued economic viability of industries, such as the fishing industry, which are desirable and important components of the state’s economy.

history: (History: Added by Stats. 1982, Ch. 1478, Sec. 1.)

division: 10. STREAMFLOW PROTECTION STANDARDS

path: 10. STREAMFLOW PROTECTION STANDARDS


text: The Director of Fish and Game shall identify and list those streams and watercourses throughout the state for which minimum flow levels need to be established in order to assure the continued viability of stream-related fish and wildlife resources. The director shall include in this identification list those streams and watercourses the director determines are significant, along with a statement of findings as to why that stream or watercourse was selected. The identification list required by this section shall rank the streams and watercourses beginning with those where the need for establishing minimum flow levels is the greatest. The director, at his discretion, may revise the list and may add or delete streams or watercourses as circumstances require. The initial identification list required by this section shall be completed no later than January 1, 1984.


text:
The Director of Fish and Game shall prepare proposed streamflow requirements, which shall be specified in terms of cubic feet of water per second, for each stream or watercourse identified pursuant to Section 10001. In developing the requirements for each stream, the director shall consult with the Director of Water Resources, the Director of Parks and Recreation and with all affected local governments. The Director of Fish and Game may also consult with any private individuals, groups, or organizations as the director deems advisable. Upon completion of the proposed streamflow requirements for any individual stream or watercourse, the Director of Fish and Game shall transmit these proposed requirements to the State Water Resources Control Board. The State Water Resources Control Board shall consider these requirements within a stream as set forth in Section 1257.5 of the Water Code. The Director of Fish and Game shall complete the preparation of proposed requirements for the initial streams not later than July 1, 1989.

The Department of Fish and Game may contract for temporary services for purposes of preparing the proposed streamflow requirements.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 482. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)


text: The Director of Fish and Game, on his or her own motion or at the request of the State Water Resources Control Board, may review any streamflow requirement and may propose revision or modification thereof. The proposed revision or modification shall be transmitted to the State Water Resources Control Board.

history: (History: Amended by Stats. 1985, Ch. 1259, Sec. 2.)


text: The Department of Fish and Game shall initiate studies to develop proposed streamflow requirements for those streams or watercourses in each fiscal year for which funds are appropriated and shall complete studies on each stream or watercourse within three years. It is the intent of the Legislature that the department develop a program that will initiate studies on at least 10 streams or watercourses in each fiscal year.

history: (History: Added by Stats. 1985, Ch. 1259, Sec. 3.)


text:
(a) The Department of Fish and Wildlife shall impose and collect a filing fee of eight hundred fifty dollars ($850) to defray the costs of identifying streams and providing studies pursuant to this division.

(b) The filing fee shall be proportional to the cost incurred by the Department of Fish and Wildlife and shall be annually reviewed and adjustments recommended to the Legislature in an amount necessary to pay the costs of the Department of Fish and Wildlife as specified in subdivision (a).

(c) Any user of water, including a person or entity holding riparian or appropriative rights, shall pay the filing fee to the Department of Fish and Wildlife upon application to the State Water Resources Control Board for any permit, transfer, extension, or change of point of diversion, place of use, or purpose of use, if there is a diversion of water from any waterway where fish reside. No permit, or other entitlement identified in this section, is effective until the filing fee is paid. The State Water Resources Control Board shall, every six months, forward all fees collected to the Department of Fish and Wildlife and provide the location for each entitlement for which a filing fee has been collected.

(d) The fee imposed by this section shall not be imposed on the following applications filed with the State Water Resources Control Board:

(1) Registrations submitted pursuant to Article 2.7 (commencing with Section 1228) of Chapter 1 of Part 2 of Division 2 of the Water Code.

(2) The first application for an extension of time for an individual permit if no change in point of diversion, place of use, or purpose of use is included in the application.

(3) Water applications that, in the opinion of the Department of Fish and Wildlife, are filed for administrative and technical clarification purposes only.

(4) Water applications or petitions, the primary purpose of which is to benefit fish and wildlife resources. The determination of the benefit to fish and wildlife shall be made, in writing, by the Department of Fish and Wildlife in order to be exempt from the fee.

(e) If an applicant or petitioner files multiple applications or petitions for the same appropriation, transfer, extension, or change, and the State Water Resources Control Board reviews and considers the applications or petitions together, only one filing fee is required for those applications or petitions.

history: (History: Amended by Stats. 2025, Ch. 401, Sec. 12. (AB 1520) Effective January 1, 2026.)


text: This division shall be known, and may be cited, as the California Farmland Conservancy Program Act. Any other references in this division to the Agricultural Land Stewardship Program Act of 1995 shall hereafter mean the California Farmland Conservancy Program Act.

history: (History: Amended by Stats. 1999, Ch. 503, Sec. 1. Effective January 1, 2000.)

chapter: 1. General Provisions

article: 1. Title

path: 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT > 1. General Provisions > 1. Title


text:
The Legislature hereby finds and declares all of the following:

(a) The agricultural lands of the state contribute substantially to the state, national, and world food supply and are a vital part of the state’s economy.

(b) The growing population and expanding economy of the state have had a profound impact on the ability of the public and private sectors to conserve land for the production of food and fiber, especially agricultural land around urban areas.

(c) Agricultural lands near urban areas that are maintained in productive agricultural use are a significant part of California’s agricultural heritage. These lands contribute to the economic betterment of local areas and the entire state and are an important source of food, fiber, and other agricultural products. Conserving these lands is necessary due to increasing development pressures and the effects of urbanization on farmlands close to cities.

(d) The long-term conservation of agricultural land is necessary to safeguard an adequate supply of agricultural land and to balance the increasing development pressures around urban areas.

(e) A program to encourage and make possible the long-term conservation of agricultural lands is a necessary part of the state’s agricultural land protection policies and programs, and it is appropriate to expend money for that purpose. A program of this nature will only be effective when used in concert with local planning and zoning strategies to conserve agricultural land.

(f) Funding is necessary to better address the needs of conserving agricultural land near urban areas.

history: (History: Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)

article: 2. Findings and Declarations

path: 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT > 1. General Provisions > 2. Findings and Declarations


text:
It is the intent of the Legislature, in enacting this division, to do all of the following:

(a) Encourage voluntary, long-term private stewardship of agricultural lands by offering landowners financial incentives.

(b) Protect farming and ranching operations in agricultural areas from nonfarm or nonranch land uses that may hinder and curtail farming or ranching operations.

(c) Encourage long-term conservation of productive agricultural lands in order to protect the agricultural economy of rural communities, as well as that of the state, for future generations of Californians.

(d) Encourage local land use planning for orderly and efficient urban growth and conservation of agricultural land.

(e) Encourage local land use planning decisions that are consistent with the state’s policies with regard to agricultural land conservation.

(f) Encourage improvements to enhance long-term sustainable agricultural uses.

division: 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT

article: 2. Findings and Declarations


text: Unless the context otherwise requires, the definitions in this article govern the construction of this division.

article: 3. Definitions

path: 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT > 1. General Provisions > 3. Definitions


text: “Agricultural conservation easement,” “conservation easement,” or “easement” means an interest in land, less than fee simple, that represents the right to prevent the development or improvement of the land, as specified in Section 815.1 of the Civil Code, for any primary purpose other than agricultural production. The easement shall be granted for the California Farmland Conservancy Program by the owner of a fee simple interest in land to any of the organizations or entities specified in Section 815.3 of the Civil Code. It shall be granted in perpetuity as the equivalent of covenants running with the land.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 2. (AB 2964) Effective January 1, 2023.)

article: 3. Definitions


text: “Applicant” means an entity listed in Section 815.3 of the Civil Code that applies for a grant authorized pursuant to this division.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 3. (AB 2964) Effective January 1, 2023.)

article: 3. Definitions


text:
(a) “Agricultural land” means prime farmland, farmland of statewide importance, unique farmland, farmland of local importance, and grazing land as defined in the Guidelines for the Farmland Mapping and Monitoring Program, pursuant to Section 65570 of the Government Code.

(b) In those areas of the state where lands have not been surveyed for classification pursuant to subdivision (a), land shall meet the requirements of “prime agricultural land” as set forth in subdivision (c) of Section 51201 of the Government Code.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 4. (AB 2964) Effective January 1, 2023.)

article: 3. Definitions


text: “Department” means the Department of Conservation.

article: 3. Definitions


text: “Director” means the Director of Conservation.

article: 3. Definitions


text: “Fund” means the California Farmland Conservancy Program Fund created pursuant to Section 10230.

history: (History: Amended by Stats. 1999, Ch. 503, Sec. 3. Effective January 1, 2000.)

article: 3. Definitions


text: “Husbandry practices” means agricultural activities, such as those specified in subdivision (e) of Section 3482.5 of the Civil Code, conducted or maintained for commercial purposes in a manner consistent with proper and accepted customs and standards, as established and followed by similar agricultural operations in the same locality.

history: (History: Amended by Stats. 1999, Ch. 83, Sec. 167. Effective January 1, 2000.)

article: 3. Definitions


text: “Local government” means a city or county.

article: 3. Definitions


text: “Local government program” means the policies and implementation measures of a local government to conserve agricultural land.

article: 3. Definitions


text: “Nonprofit organization” means an organization described in subdivision (a) of Section 815.3 of the Civil Code.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 5. (AB 2964) Effective January 1, 2023.)

article: 3. Definitions


text: “Program” means the California Farmland Conservancy Program established under this division.

history: (History: Amended by Stats. 1999, Ch. 503, Sec. 4. Effective January 1, 2000.)

article: 3. Definitions


text: “Secretary” means the Secretary of the Natural Resources Agency.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 6. (AB 2964) Effective January 1, 2023.)

article: 3. Definitions


text: “Resource conservation district” means a resource conservation district established pursuant to Division 9 (commencing with Section 9001).

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 7. (AB 2964) Effective January 1, 2023.)

article: 3. Definitions


text: “Restriction” has the same meaning as that term is defined in Section 784 of the Civil Code.

history: (History: Added by Stats. 2022, Ch. 502, Sec. 8. (AB 2964) Effective January 1, 2023.)

article: 3. Definitions


text: The Legislature hereby finds and declares that, pursuant to Chapter 4 (commencing with Section 31150) of Division 21, the State Coastal Conservancy has responsibility for carrying out agricultural projects in the coastal zone, as defined in Section 30103. Nothing in this division shall be construed to alter the conservancy’s responsibility for the administration of state or federal funds that are allocated for the purpose of preserving coastal agricultural lands. For projects in the coastal zone, the department shall consult with the State Coastal Conservancy in developing its policies, priorities, and procedures for the allocation of those state and federal moneys.

article: 4. Administration

path: 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT > 1. General Provisions > 4. Administration


text: Nothing in this division shall be construed to overrule, rescind, or amend any of the requirements prescribed in Chapter 7 (commencing with Section 51200) of Division 1 of Title 5 of the Government Code.

article: 4. Administration


text: No local government shall, in any way, limit development on any land solely because of the land’s proximity to property that is protected by an agricultural conservation easement that is subject to this division.

article: 4. Administration


text:
(a) The California Farmland Conservancy Program Fund is hereby created.

(b) (1) Except as provided in paragraph (2), the moneys in the fund shall, upon appropriation by the Legislature in the annual Budget Act, be used for the purposes of the program.

(2) Notwithstanding paragraph (1), moneys may be deposited into the fund from federal grants, and gifts and donations, including interest earned, that are designated and required by the donor to be used exclusively for the purposes of the program, and notwithstanding Section 13340 of the Government Code, those moneys are hereby continuously appropriated to the department for expenditure for the purposes of this program.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 10. (AB 2964) Effective January 1, 2023.)

path: 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT > 2. California Farmland Conservancy Program


text:
(a) The California Farmland Conservancy Program is hereby established in the department.

(b) The program may offer financial assistance, including grants or contracts, for projects and activities on agricultural lands that support agricultural conservation and sustainable land management, including, but not limited to, any of the following:

(1) Acquisition of agricultural conservation easements or fee title to protect the land’s agricultural use or capacity that meets the following requirements:

(A) The primary purpose for which the easement or fee title is being sought is consistent with continuing agricultural use of the property.

(B) The easement or fee title does not, and will not, substantially prevent agricultural uses on the property.

(C) Any nonagricultural qualities that will be protected by the easement or fee title, if applicable, are inherent to the property.

(2) Improvements to land protected by a conservation easement, deed restriction, or similar long-term agreement as determined by the director.

(3) Plans to protect and conserve agricultural lands and plans to protect, conserve, restore, or enhance resources or values located on, or adjacent to, agricultural lands or that were historically present on agricultural lands. These may include, but are not limited to, either of the following:

(A) An agricultural land component or element of a general plan developed pursuant to Section 65565 of the Government Code.

(B) Land conservation strategies and plans to identify and develop potential projects.

(4) Technical assistance to develop projects, prepare applications, and implement projects.

(5) Administrative costs incurred by the department to administer the program.

(6) Any other purposes approved by the Legislature in a funding appropriation for the program.

history: (History: Added by Stats. 2022, Ch. 502, Sec. 11. (AB 2964) Effective January 1, 2023.)

chapter: 2. California Farmland Conservancy Program


text:
(a) Funding shall be used in accordance with the expenditures and distribution authorized, required, or otherwise provided in the program for grants for the acquisition of agricultural conservation easements or fee title.

(b) The department may pay direct costs associated with the acquisition, as determined by the department, for costs incurred during the grant term.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 13. (AB 2964) Effective January 1, 2023.)


text: The department may accept donations of funds if the department is the designated beneficiary of the donation and it agrees to use the funds for purposes of the program in a county specified by the donor. Any donation made to the department pursuant to this section is subject to the requirements of Sections 11005 and 16302 of the Government Code.

history: (History: Added by Stats. 1999, Ch. 503, Sec. 8. Effective January 1, 2000.)


text: The director shall not approve a grant if the local government requesting a grant has acquired, or proposes to acquire, the agricultural conservation easement through the use of eminent domain, unless requested by the owner of the land.


text:
Each application for a grant pursuant to this division shall contain a matching funding component, as specified in this section, and may be provided in the form of cash or in-kind services, or any combination thereof, as determined by the department.

(a) Each application for a grant for the purchase of an agricultural conservation easement shall contain a matching component of not less than 5 percent of the value of the grant or a landowner donation of not less than 10 percent of the appraised fair market value of the agricultural conservation easement. In situations where both matching funds and donations of easement value are being combined, the combined match shall be not less than 10 percent of the appraised fair market value of the agricultural conservation easement. Up to 50 percent of contributions to an agricultural conservation easement monitoring endowment for the subject property may be provided as a component of a qualified grant match under this division, as determined by the department.

(b) Each application for a planning or land improvement grant pursuant to Section 10230 shall contain a matching funding component of not less than 10 percent of the proposal’s total cost.

(c) Each application for a fee title acquisition grant shall contain a matching component of not less than 5 percent of the value of the grant.

history: (History: Amended by Stats. 2002, Ch. 616, Sec. 7. Effective January 1, 2003.)


text:
(a) The director shall not disburse any grant funds unless the applicant agrees that the grant funds shall be used by the applicant only for the purpose for which the funds were requested and awarded. For a grant for an agricultural conservation easement, the director shall not disburse any grant funds unless the applicant agrees that no other use, sale, or other disposition of the easement shall be permitted unless approved by the director, or where the easement may be transferred to a public agency or nonprofit organization, for management purposes.

(b) If a local government or nonprofit organization holding the easement is dissolved, it shall be transferred to an appropriate public agency or nonprofit organization, as provided in this division.

(c) The easement, or any of its terms, may only be amended with the consent of all of the necessary parties to the easement, including the landowner, the easement holder, and the director. The director shall determine that the amendment is not inconsistent with this division before it may be amended.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 15. (AB 2964) Effective January 1, 2023.)


text: The department may establish a payment system for the purchase of an agricultural conservation easement that is mutually satisfactory to the department and the seller of the easement, provided that full payment for the easement is secured.

history: (History: Added by Stats. 1999, Ch. 503, Sec. 10. Effective January 1, 2000.)


text: If the funds are used for the acquisition of an agricultural conservation easement or fee title pursuant to a local transfer of development rights program, upon the sale of the easement or fee title and its attendant development rights, the entity that holds the easement shall reimburse the fund by an amount equal to the fair market value of the easement, as determined by an appraisal approved by the department.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 16. (AB 2964) Effective January 1, 2023.)


text: The director shall not disburse any grant funds for easement or fee title acquisitions unless the applicant, and in the case of an easement acquisition grant, the seller, agrees to restrict the use of the land in perpetuity.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 17. (AB 2964) Effective January 1, 2023.)


text:
(a) The director shall not disburse any grant funds to acquire agricultural conservation easements that restrict husbandry practices.

(b) The following uses and activities shall be deemed consistent and compatible with any agricultural conservation easement funded under this division and shall not be considered to restrict husbandry practices:

(1) Those uses and activities specified in Sections 10246 and 10262.

(2) The production, processing, and marketing of agricultural crops, agricultural products, and livestock.

(3) The restoration, enhancement, maintenance, protection, and conservation of natural resources if those activities are carried out in accordance with generally accepted best management practices and that the long-term agricultural use of the conserved land is not thereby significantly impaired.

(4) Activities to reduce the agricultural operation’s emissions of greenhouse gases, and to improve, promote, or enhance the land’s adaptation and resilience to climate change, if the long-term agricultural use of the conserved land is not thereby significantly impaired.

(5) Activities to support water conservation and protection, improved air quality, and fuels reduction and management, including to protect the conserved land and neighboring properties from catastrophic wildfire, if the long-term agricultural use of the conserved land is not thereby significantly impaired.

(6) The construction, reconstruction, and use of secondary dwelling units and farm worker housing, subject to reasonable limitations on size and location, if the long-term agricultural use of the conserved land is not thereby significantly impaired. The limitations on secondary dwelling units and farm worker housing shall not be more restrictive than Article 2 (commencing with Section 66314) of Chapter 13 of Division 1 of Title 7 of the Government Code or Section 17021.6 of the Health and Safety Code, respectively, or local building permit requirements.

(7) The construction, reconstruction, or use of renewable energy facilities to generate energy for the agricultural and residential needs of the conserved land if the long-term agricultural use of the conserved land is not thereby significantly impaired.

history: (History: Amended by Stats. 2024, Ch. 7, Sec. 30. (SB 477) Effective March 25, 2024.)


text:
The director shall disburse funds to an applicant for a grant for the acquisition of fee title to agricultural land only if the applicant agrees to all of the following conditions:

(a) Upon acquisition of the property, treat the property as encumbered by an agricultural conservation easement subject to this division and approved by the department.

(b) Sell the fee title subject to an agricultural conservation easement approved by the department to a private landowner within three years of the acquisition of the fee title.

(c) Reimburse the fund directly from escrow within 30 days after the sale of the restricted fee title by an amount equal to the department’s proportional share of the net proceeds of the sale.

(1) The “net proceeds of the sale” is defined as the fair market value of the land less the value of the easement and associated transaction costs.

(2) The department’s proportional share of the net proceeds of the sale shall be calculated using a factor reflecting the department’s proportional share of the purchase price paid by the applicant in the original acquisition of fee title, taking into account contributions from all sources toward that original purchase price.

history: (History: Amended by Stats. 2007, Ch. 254, Sec. 6. Effective September 26, 2007.)


text:
(a) The department shall adopt rules and regulations for the implementation of this division.

(b) Rules or regulations adopted by the department pursuant to this section shall be adopted in accordance with the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).

history: (History: Amended by Stats. 2002, Ch. 616, Sec. 13. Effective January 1, 2003.)


text: The department shall adopt the criteria necessary for its approval of grant applications.

history: (History: Amended by Stats. 2002, Ch. 616, Sec. 14. Effective January 1, 2003.)


text: The director shall review, and approve or disapprove, all requests for funding under this division.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 19. (AB 2964) Effective January 1, 2023.)


text: A local governmental entity shall not condition the issuance of an entitlement for use on the applicant’s granting of a conservation easement pursuant to this division.

history: (History: Repealed and added by Stats. 2022, Ch. 502, Sec. 21. (AB 2964) Effective January 1, 2023.)


text: The program shall reimburse any school district which requests reimbursement for any net loss of property tax revenues occurring as a result of the program.

history: (History: Added by Stats. 1995, Ch. 931, Sec. 1. Effective January 1, 1996.)


text:
Grants may be made for land improvements. Use of these grants shall be limited to the improvement of land protected by a conservation easement or a similar long-term conservation agreement as determined by the director if the improvement will directly benefit the protected land. An application for a land improvement grant shall be evaluated with respect to the extent to which it satisfies one or more of the following criteria:

(a) The improvement will enhance the agricultural value of the land protected by the easement, and promote its long-term sustainable agricultural use such as water supply development and revegetation of eroding streambanks.

(b) The improvement will increase the compatibility of agricultural operations with sensitive natural areas.

(c) The improvement will demonstrate new and innovative best management practices that have the potential for wide application.

(d) The proposed improvement includes the financial and technical involvement of other agencies, such as resource conservation districts, the Wildlife Conservation Board, the University of California Cooperative Extension, the United States Farm Services Agency, and the United States Natural Resources Conservation Service.

(e) The improvement is part of a coordinated watershed management plan or the equivalent.

(f) The improvement will restore or enhance resources on the land.

(g) The application satisfies other relevant criteria established by the department.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 23. (AB 2964) Effective January 1, 2023.)


text:
(a) This chapter shall only apply to acquisitions of agricultural conservation easements.

(b) In reviewing applications for agricultural conservation easements, the department shall determine whether the proposed project meets the applicable requirements set forth in this division and conforms with any rules or regulations adopted by the department pursuant to this division.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 24. (AB 2964) Effective January 1, 2023.)

chapter: 3. Eligibility and Selection Criteria

path: 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT > 3. Eligibility and Selection Criteria


text:
Applicants for an agricultural conservation easement or fee acquisition grant shall meet all of the following eligibility criteria:

(a) The parcel proposed for conservation is expected to be used for, and is large enough to sustain, commercial agricultural production. The land is also in an area that possesses the necessary market, infrastructure, and agricultural support services, and the surrounding parcel sizes and land uses will support long-term commercial agricultural production.

(b) The applicable city or county has a general plan that demonstrates a long-term commitment to agricultural land conservation. This commitment shall be reflected in the goals, objectives, policies, and implementation measures of the plan, as they relate to the area of the county or city where the acquisition is proposed.

(c) Without conservation, the land proposed for protection is likely to be converted to nonagricultural use in the foreseeable future.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 25. (AB 2964) Effective January 1, 2023.)


text:
The director shall evaluate a proposal for a fee title or agricultural conservation easement acquisition grant based upon the overall value of the project, taking into consideration the goals and objectives for the program, and the extent to which the proposed project satisfies the following selection criteria:

(a) The quality of the agricultural land, based on land capability, farmland mapping and monitoring program definitions, productivity indices, and other soil, climate, and vegetative factors.

(b) The proposal meets multiple natural resource conservation objectives, including, but not limited to, wetland protection, wildlife habitat conservation, and scenic open-space preservation.

(c) The city or county demonstrates a long-term commitment to agricultural land conservation as demonstrated by the following:

(1) The general plan and related land use policies of the city or county.

(2) Policies of the local agency formation commission.

(3) California Environmental Quality Act policies and procedures.

(4) The use of a right-to-farm ordinance.

(5) Applied strategies for the economic support and enhancement of agricultural enterprise, including water policies, public education, marketing support, and consumer and recreational incentives.

(6) Other relevant policies and programs.

(d) If the land is in a county that participates in the Williamson Act (Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code), the land proposed for protection is within a county or city designated agricultural preserve.

(e) The land proposed for conservation is within two miles outside of the exterior boundary of the sphere of influence of a city as established by the local agency formation commission.

(f) The applicant demonstrates fiscal and technical capability to effectively carry out the proposal. Technical capability may be demonstrated by agricultural land conservation expertise on the governing board or staff of the applicant, or through partnership with an organization that has that expertise.

(g) The proposal demonstrates a coordinated approach among affected landowners, local governments, and nonprofit organizations. If other entities are affected, there is written support from those entities for the proposal and a willingness to cooperate. The support of neighboring landowners who are not involved in the proposal shall be considered.

(h) The conservation of the land supports long-term private stewardship and continued agricultural production in the region.

(i) The amount of matching funds and in-kind services contributed by local governments and other sources toward the acquisition of the fee title or agricultural conservation easement, or both.

(j) The price of the proposed acquisition is cost-effective in comparison to the fair market value.

(k) Other relevant considerations established by the director or in the funding source.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 26. (AB 2964) Effective January 1, 2023.)


text: Nothing in this chapter shall grant any new authority to the department to affect local policy or land use decisionmaking.


text:
(a) Before applying for funding to acquire an agricultural conservation easement or fee title, the applicant shall notify in writing the planning directors of the relevant county or counties and every city within two miles of the property about the application. The notice shall include all of the following:

(1) The applicant’s intent to apply for a grant to acquire an agricultural conservation easement or fee title from the program.

(2) The application deadline.

(3) A statement that the conservation easement may result in reduced property tax revenue pursuant to Article 1.5 (commencing with Section 421) of Chapter 3 of Part 2 of Division 1 of the Revenue and Taxation Code.

(4) The jurisdiction’s right to submit comment to the department on the project within 30 days of the application deadline.

(b) The relevant county or counties and every city within two miles of the property shall have 30 days from the application deadline to submit written comments on the project to the department, including on the compatibility of the project with the general plan.

(c) The department shall consider any comments submitted by the county or cities pursuant to subdivision (b) on the project.

history: (History: Repealed and added by Stats. 2022, Ch. 502, Sec. 29. (AB 2964) Effective January 1, 2023.)


text:
(a) In determining the amount of funding to be provided for an agricultural conservation easement or fee acquisition grant, the department shall take reasonable steps to ensure that the total purchase price of the agricultural conservation easement or, in the case of a fee title acquisition, the total purchase price of the subject property does not exceed fair market value, taking into consideration the funding from all sources. The determination of fair market value shall be accomplished, as follows:

(1) An applicant shall select and retain an independent real estate appraiser to determine the value of the subject property, including any proposed agricultural conservation easement.

(2) The department shall review and consider an applicant’s appraisal and may, at its sole discretion, require or obtain an additional appraisal.

(3) The easement value shall be calculated by determining the difference between the fair market value and the restricted value of the property.

(b) The department may conditionally approve grant applications prior to completion of final appraisals, provided an acceptable appraisal and all other requirements of this division are met before any disbursement of grant funds.

(c) The department shall have final authority to determine the acceptability of an appraisal pursuant to this division.

history: (History: Amended by Stats. 2002, Ch. 616, Sec. 21. Effective January 1, 2003.)

path: 10.2. CALIFORNIA FARMLAND CONSERVANCY PROGRAM ACT > 4. Agricultural Conservation Easements and Fee Title


text: For purposes of this division, any instrument creating, assigning, or otherwise transferring a conservation easement, fee title, and any associate deed restrictions shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and those instruments shall be subject in all respects to the recording laws. Any amendment to any of these instruments shall be recorded in the office of the county recorder of the county where the land is situated, in whole or in part, and shall be subject in all respects to the recording laws.

history: (History: Repealed and added by Stats. 2022, Ch. 502, Sec. 33. (AB 2964) Effective January 1, 2023.)

chapter: 4. Agricultural Conservation Easements and Fee Title


text:
(a) Whenever any entity exercises the power of eminent domain to acquire land subject to an agricultural conservation easement under this program, the condemnor shall pay just compensation to the owner of the land in fee and to the owner of the easement as follows:

(1) The owner of the land in fee shall be paid the full value that would have been payable to the owner but for the existence of the easement less the fair market value of the easement, as determined by an independent appraisal, at the time of condemnation.

(2) The program, and any other contributing parties if so provided in the easement, shall be paid the value of the easement at the time of condemnation.

(b) The director may provide, by regulation, or, pursuant to the terms of the easement, that in the case of acquisition of the easement by a federal agency, that the agency shall agree to the amount of compensation paid for the easement that is determined pursuant to subdivision (a), or pay the current fair market value of the land subject to an agricultural easement. The director shall distribute the proceeds of a land sale that is made in accordance with the conditions set forth in subdivision (a).

history: (History: Amended by Stats. 2002, Ch. 616, Sec. 24. Effective January 1, 2003.)


text:
An agricultural conservation easement shall not prevent any of the following:

(a) The granting of rights-of-way by the owner of the subject land in and through the land for the installation, transportation, or use of water, sewage, electric, telephone, gas, oil, or oil product lines, stock water development and storage, energy generation, and fencing if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities.

(b) The construction and use of structures on the subject land that are necessary for agricultural production and marketing, including, but not limited to, barns, shops, packing sheds, cooling facilities, greenhouses, roadside marketing stands, stock water development and storage, energy generation, and fencing, if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities.

(c) Customary part time or off season rural enterprises or activities, including, but not limited to, hunting and fishing, wildlife habitat improvement, predator control, timber harvesting, and firewood production, if the agricultural productivity of the land and any multiple uses that made the acquisition a priority for selection under the program are not significantly impaired by those activities.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 34. (AB 2964) Effective January 1, 2023.)


text: The granting of an agricultural conservation easement under this division shall not be interpreted to convey any rights of public access to the subject property.

history: (History: Added by Stats. 2002, Ch. 616, Sec. 27. Effective January 1, 2003.)


text:
(a) The department shall act on an application for a grant within 180 days after the department determines that it is complete.

(b) The department shall notify the applicant of the department’s decision in writing. For any decision to disapprove an application, the written notice shall state the reason for the disapproval.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 37. (AB 2964) Effective January 1, 2023.)


text:
The director shall disapprove the application for a grant for the acquisition of an agricultural conservation easement or fee title in any of the following circumstances:

(a) The application does not satisfy the eligibility criteria set forth in Section 10251.

(b) The department has determined that clear title to the agricultural conservation easement cannot be conveyed.

(c) There is insufficient money in the fund to carry out the acquisition.

(d) Other acquisitions have a higher priority.

(e) The application does not satisfy other relevant requirements provided by the fund source or in the guidelines, solicitation, application, or other relevant control documents, as determined by the department.

history: (History: Amended by Stats. 2022, Ch. 502, Sec. 38. (AB 2964) Effective January 1, 2023.)


text:
The Agricultural Protection Planning Grant Program is hereby established within the Department of Conservation, to provide planning grants to do all of the following:

(a) Conserve California’s most productive farmlands and ecologically important rangelands.

(b) Advance California’s climate change goals through carbon sequestration and greenhouse gas emissions reductions resulting from the implementation of local plans.

(c) Maintain local food supplies and agricultural economies through the protection of agricultural lands.

history: (History: Amended by Stats. 2017, Ch. 26, Sec. 80. (SB 92) Effective June 27, 2017.)

division: 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM


text:
The following terms have the following meanings as used in this division, unless the context clearly requires otherwise:

(a) “Authority” means an entity established by the state that requires its members, including, but not limited to, local government entities, to adopt a resolution stating their intent to participate.

(b) “Department” means the Department of Conservation.

(c) “Grant program” means the program established pursuant to Section 10280.

(d) “Joint powers authority” means a joint powers authority established pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code that is formed in part to protect agricultural land.

(e) “Local government entity” means any city, county, city and county, or district, including, but not limited to, park and open-space districts, resource conservation districts, and other special districts.

(f) “Nonprofit organization” means any nonprofit public benefit corporation that has among its purposes the conservation of agricultural lands, and holds a tax exemption, as defined under Section 501(c)(3) of the Internal Revenue Code, and further qualifies as an organization under Section 170(b)(1)(A)(iv) or 170(h)(3) of the Internal Revenue Code.

history: (History: Added by Stats. 2002, Ch. 983, Sec. 3. Effective January 1, 2003.)

path: 10.3. AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM


text: The purpose of the grant program is to assist any local government entity, nonprofit organization, authority, or joint powers authority to apply for, and cost-effectively use, grant funds available for farmland, grazing lands, and grasslands protection and preservation from funds that are made available pursuant to subdivision (f) of Section 5096.650 and from other funding sources.


text:
(a) In addition to the requirements established by the department, the applicant shall demonstrate that the changes to the existing goals, objectives, policies, or programs of the city, county, or city and county that will logically result from the grant will improve protection of, or have a beneficial effect on climate change goals for, agricultural land, grazing land, or grasslands.

(b) Prior to awarding funds under the program, the department shall develop guidelines and selection criteria for awarding grants in accordance with all of the following:

(1) Prior to the adoption of the guidelines and selection criteria, the department shall conduct at least two public workshops to receive and consider public comments.

(2) The department shall publish the draft guidelines and selection criteria on its Internet Web site at least 30 days prior to the public meetings.

(3) In adopting the guidelines and selection criteria, the department shall consider the comments from farming and ranching groups, agricultural land conservation groups, building and construction groups, local governments, regional agencies, and other stakeholders.

(4) Program guidelines may be revised by the department to reflect changes in program focus or need. Outreach to stakeholders shall be conducted pursuant to paragraphs (1), (2), and (3) before the department adopts changes to guidelines.

(c) 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.

history: (History: Amended by Stats. 2017, Ch. 434, Sec. 10. (SB 732) Effective January 1, 2018.)


text:
(a) Under the grant program, a local government entity, nonprofit organization, authority, or joint powers authority may apply to the department for a planning grant to be used for the protection of agricultural lands and grazing lands, including oak woodlands and grasslands. In addition to any requirements established by the department, to be eligible for a grant under the grant program, an applicant shall do all of the following:

(1) Identify and map, utilizing the designations in the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570 of the Government Code, existing or potential agricultural lands in its jurisdiction.

(2) Specify its existing goals, objectives, policies, or programs that support the long-term protection of agricultural land.

(3) Specify the proposed changes to its existing goals, objectives, policies, or programs that support the long-term protection of agricultural land.

(4) Specify how the planning grant would be used to improve the long-term protection of agricultural land within its jurisdiction.

(b) A grant awarded by the department under the grant program shall not exceed five hundred thousand dollars ($500,000) to any applicant, or seven hundred fifty thousand dollars ($750,000) if the department determines that a grant application is for collaborative planning activities proposed to include two or more adjacent counties, cities, or city and county.

(c) In granting funds pursuant to this division, the department shall give priority to proposals that include matching funds from local sources.

(d) A grant proposal by a park or open-space district, resource conservation district, other special district, authority, or joint powers authority shall be approved by resolution of the city, county, or city and county, or multiple cities and counties, whose jurisdiction the proposal is intended to benefit. The city, county, or city and county shall provide evidence that it is willing to implement some of the planning process funded by the grant.

(e) The purposes for which a grant made pursuant to this division for agricultural protection may include, but need not be limited to, the following:

(1) To update the general plan of a city, county, or city and county to improve protection of agricultural land, or a zoning ordinance designed to improve protection of agricultural land.

(2) To develop multicounty strategies to protect agricultural land.

(3) To develop city-county agreements to protect agricultural land.

(4) To develop strategies to implement existing general plan provisions, city-county agreements, or multicounty agreements to protect agricultural land, including technical assistance.

(5) To develop public-private partnerships for the long-term protection and stewardship of agricultural lands.

history: (History: Amended by Stats. 2017, Ch. 434, Sec. 11. (SB 732) Effective January 1, 2018.)


text: Eligible projects funded under this division with the proceeds from the sale of any bonds shall be consistent with the requirements of Section 16727 of the Government Code.


text: The Wildlife Conservation Board is hereby designated as the lead agency of the state for carrying out the program of rangeland, grazing land, and grassland protection pursuant to this division.

history: (History: Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)

division: 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT


text:
The California Rangeland, Grazing Land, and Grassland Protection Program is hereby established to protect California’s rangeland, grazing land, and grasslands through the use of conservation easements, for the following purposes:

(a) To prevent the conversion of rangeland, grazing land, and grassland to nonagricultural uses.

(b) To protect the long-term sustainability of livestock grazing.

(c) To ensure continued wildlife, water quality, watershed, and open-space benefits to the State of California from livestock grazing.

path: 10.4. RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT


text:
As used in this division, the following terms have the following meanings:

(a) “Board” means the Wildlife Conservation Board created pursuant to Article 2 (commencing with Section 1320) of Chapter 4 of Division 20 of the Fish and Game Code.

(b) “Conservation easement” means a conservation easement, as defined by Section 815.1 of the Civil Code, that is perpetual.

(c) “Local public agency” means any city, county, city and county, resource conservation district, district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5, authority formed pursuant to Division 26 (commencing with Section 35100), or joint powers authority made up of two or more local public agencies and one or more state agencies.

(d) “Nonprofit organization” means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code), qualified to do business in California, and qualified under Section 501(c)(3) of Title 26 of the Internal Revenue Code as a tax-exempt corporation that has as a principal purpose the conservation of land and water resources.

(e) “Property” means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights.

(f) “Qualified property” means property that is rangeland, grazing land, or grassland and is used or is suitable for grazing; is zoned for agricultural grazing, or open-space use; and is used or suitable for habitat for aquatic or terrestrial wildlife species or native plants.

(g) “State agency” means any public entity created by statute within the Resources Agency.


text: Funds may be expended by the board for the acquisition of conservation easements over qualified property pursuant to the authority granted to the board under Section 1348 of the Fish and Game Code. The board may also make grants of funds to a state agency, local public agency, or nonprofit organization for the acquisition of conservation easements over qualified property.


text: Funds expended pursuant to this division may be used only to acquire conservation easements to protect rangeland, grazing lands, and grasslands, consistent with the purposes of Sections 10331 and 10337. If additional property interests, restrictions, enhancements, or access is acquired in addition to a conservation easement, funds for those additional acquisitions shall be provided from other sources.


text:
(a) Any eligible projects funded under this division with the proceeds from the sale of any bonds shall be consistent with the requirements of Section 16727 of the Government Code.

(b) Of the total amount of funds derived from the proceeds of bonds and appropriated by Section 2 of the act adding this division, the board may not expend more than 5 percent for associated programmatic costs.


text: The board may adopt guidelines to implement the program, including the establishment of procedures and a schedule for submittal of applications for grants and a requirement that conservation easements be monitored not less than every two years. 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 guidelines adopted pursuant to this section.


text:
A conservation easement may be acquired pursuant to this division only if its acquisition will protect, restore, or enhance rangeland, grazing land, or grassland and sustain the character of the property. In evaluating qualified property, the board and any recipient of a grant may consider all of the following criteria:

(a) The productivity or potential productivity of the land.

(b) The long-term economic viability of the property.

(c) The threat to the property of urban or intensified rural development.

(d) The presence of scenic open-space or viewshed, historic, or archeological values, or unique geologic features.

(e) The presence of water resources, including groundwater recharge.

(f) The presence of vegetation with ecological significance, such as oak woodlands, forests, riparian corridor, or native vegetation.

(g) The quality of the soil.

(h) The location of the property relative to an urban sphere of influence.

(i) The location of the property relative to other properties preserved by conservation easements.

(j) Whether protecting this property will assist in protecting other lands.

(k) The geographic concentration of other rangelands, grazing lands, and grasslands.


text:
At a minimum, each application for a grant shall contain all of the following:

(a) A legal description of the property and a description of the current use of the land and the habitat types of the property, including documentation of how acquisition of a conservation easement will preserve rangeland, grazing land, or grassland.

(b) An independent and impartial appraisal prepared by a real estate appraiser who is licensed pursuant to the Real Estate Appraisers’ Licensing and Certification Law (Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code).

(c) Certification by the prospective seller of the conservation easement that the seller was not, and is not, required to satisfy a condition imposed upon the seller by any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, the mitigation of significant effects on the environment of a project pursuant to an approved environmental impact report or mitigated negative declaration required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).

(d) Disclosure of any known or suspected environmental conditions associated with the property.


text: The board may require further information as is reasonably necessary to allow the board to evaluate the proposed acquisition.


text: The board, or the recipient of a grant, may accept contributions of money from a prospective seller to pay or reimburse the costs of appraisal, escrow, and title, and other transaction costs associated with the acquisition, including any environmental assessment.


text: The board may request staff services from any state agency that submits an application for a grant.


text: Any conservation easement, money, or other asset acquired pursuant to this division shall not be deemed a transfer pursuant to Article 1 (commencing with Section 2780) of Chapter 9 of Division 3 of the Fish and Game Code.


text:
(a) Nothing in this division authorizes or increases the authority of any public agency to use eminent domain to acquire private property.

(b) Nothing in this division diminishes any existing land or water right held by an existing easement holder in any property for which acquisition of a conservation easement is proposed.

(c)An existing mineral rights holder, as identified in the public records in the county where the property is located, shall be given notice of intent to purchase a conservation easement. The notice may be given by any means authorized by statute.


text: The board may coordinate this program with the Oak Woodlands Conservation Act established pursuant to Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code, as administered by the board.


text: This division shall be known and may be cited as the California Forest Legacy Program Act of 2007.

history: (History: Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)

article: 1. Title

path: 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 > 1. General Provisions > 1. Title


text:
The Legislature hereby finds and declares all of the following:

(a) Privately owned forest lands comprise nearly half of California’s 32.6 million acres of forest land, and include some of the state’s most important and productive forest resources, including timber, fish and wildlife habitat, watersheds, and climate benefits. It is in the interest of the state to provide and maintain a favorable climate for long-term investment in forest resources.

(b) The importance of private forest lands to California’s economy and environment has been recognized for many years, and more recently for almost three decades by the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4), the California Timber Productivity Act of 1982 (Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5 of the Government Code), and other statutes and policies.

(c) California’s private forest lands and woodlands are threatened by continued population growth and changes in land use patterns, including parcel size reductions, residential and commercial development, and by changes in forest cover.

(d) Heirs of forest landowners frequently find it necessary to harvest their timber prematurely and excessively, in order to pay estate taxes that can account for up to 55 percent of an estate’s value.

(e) Continuing statewide population growth, existing land use and tax policies, regulations, and other factors create significant pressure for an increase in development conversions in forest lands of environmental and economic significance.

(f) Conservation easements have been successfully used around the United States to achieve voluntary protection of open space, historical sites, and natural and aquatic resources.

(g) Conservation easements enable landowners to receive financial benefits for voluntarily restricting specific development rights and land that, in turn, contributes to the conservation of natural resources for future generations. Financial benefits to landowners can be realized through a sale or donation, or a combination of both a sale or donation of a conservation easement.

(h) A program to encourage and make possible the long-term conservation of forest lands and all associated natural resources is a necessary part of the state’s land protection policies and programs, and it is in the public interest to expend money for that purpose.

(i) Funding is a necessary component of this program.

(j) The federal Forest Legacy Program (16 U.S.C. Sec. 2103c) conserves forest land threatened with conversion and development by providing federal matching funds for the acquisition of conservation easements or other interests in land from willing landowners, subject to state guidelines.

(k) The state completed the “California Forest Legacy Program Assessment of Need” in 1995 following an extensive analysis and widespread public input. That assessment was submitted to and accepted by the United States Department of Agriculture.

(l) California’s forests can play an important role in addressing global climate change and helping the state meet its emission reduction targets by removing and storing carbon dioxide, a key greenhouse gas.

(m) The California Forest Legacy Program Act of 2000, established pursuant to Senate Bill 1832 of the 1999–2000 Regular Session of the Legislature, which expired on January 1, 2007, was successful in helping to protect approximately 12,000 acres of California forests by facilitating the expenditure of almost four million dollars ($4,000,000) in federal funds.

article: 2. Findings and Declarations

path: 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 > 1. General Provisions > 2. Findings and Declarations


text:
It is the intent of the Legislature, in enacting this division and the California Forest Legacy Program, to protect forest lands and aquatic resources in California by focusing on all of the following priorities:

(a) Encouraging the long-term conservation of productive forest lands by providing an incentive to owners of private forest lands to prevent future conversions of forest land and forest resources.

(b) Protection of wildlife habitat, rare plants, and biodiversity.

(c) Maintenance of habitat connectivity and related values needed to ensure the viability of wildlife populations across landscapes and regions.

(d) Protection of riparian habitats, oak woodlands, ecological old growth forests, and other key forest types and seral stages that are poorly represented across landscapes and regions, and that play a key role in supporting biodiversity.

(e) Protection of water quality, fisheries, and water supplies.

(f) Maintenance and restoration of natural ecosystem functions.

(g) Encouraging improvements to enhance long-term sustainable forest uses while providing forest areas with increased protection against other land uses that conflict with forest uses.

division: 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007

article: 2. Findings and Declarations


text:
Unless the context otherwise requires, the definitions in this article govern the construction of this division.

(a) “Applicant” means a landowner who is eligible for cost-sharing grants pursuant to the federal Forest Legacy Program (16 U.S.C. Sec. 2103 et seq.) or who is eligible to participate in the California Forest Legacy Program and the operation of the program, with regard to that applicant, does not rely on federal funding.

(b) “Biodiversity” is a component and measure of ecosystem health and function. It is the number and genetic richness of different individuals found within the population of a species, of populations found within a species range, of different species found within a natural community or ecosystem, and of different communities and ecosystems found within a region.

(c) “Board” means the State Board of Forestry and Fire Protection.

(d) “Conservation easement” has the same meaning as found in Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of Division 2 of the Civil Code.

(e) “Conversions” is a generic term for situations in which forest lands become used for nonforest uses, particularly those uses that alter the landscape in a relatively permanent fashion.

(f) “Department” means the Department of Forestry and Fire Protection and “director” means the Director of Forestry and Fire Protection.

(g) “Forest land” is land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits.

(h) “Landowner” means an individual, partnership, private, public, or municipal corporation, Indian tribe, state agency, county, or local government entity, educational institution, or association of individuals of whatever nature that own private forest lands or woodlands.

(i) “Local government” means a city, county, district, or city and county.

(j) “Nonprofit organization” means any qualified land trust organization, as defined in Section 170(h)(3) of Title 26 of the United States Code, that is organized for one of the purposes of Section 170(b)(1)(A)(vi) or 170(h)(3) of Title 26 of the United States Code, and that has, among its purposes, the conservation of forest lands.

(k) “Program” means the California Forest Legacy Program established under this division.

(l) “Woodlands” are forest lands composed mostly of hardwood species such as oak.

article: 3. Definitions

path: 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 > 1. General Provisions > 3. Definitions


text: The department shall carry out the California Forest Legacy Program. Nothing in this division alters the department’s responsibility for the administration of state, federal, or private funds that are allocated for the purpose of protecting private forest lands and all associated natural resources.

article: 4. Administration

path: 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 > 1. General Provisions > 4. Administration


text: Nothing in this chapter grants any new authority to the department to affect local policy or land use decisionmaking.

article: 4. Administration


text: The California Forest Legacy Program is hereby established. The Wildlife Conservation Board may acquire conservation easements on behalf of the department, pursuant to this division. The California Forest Legacy Program may also include those activities eligible for funding under the federal Forest Legacy Program (16 U.S.C. Sec. 2103c), and the state program shall be coordinated with the federal program to the maximum amount possible.

history: (History: Amended by Stats. 2012, Ch. 252, Sec. 2. (AB 2169) Effective January 1, 2013.)

chapter: 2. California Forest Legacy Program

path: 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 > 2. California Forest Legacy Program


text: Money to fund the California Forest Legacy Program shall be obtained from gifts, donations, federal grants and loans, other appropriate funding sources, and through the allocations for the California Wildlife Conservation Board, including those provided from the sale of general obligation bonds pursuant to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001)) and made available by the board pursuant to subdivision (a) of Section 75055 and pursuant to the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692 (commencing with Section 5096.300) of Division 5) and made available for appropriation pursuant to paragraph (4) of subdivision (a) of Section 5096.350.


text: The implementation of the program includes the costs associated with the purchase or facilitated donation of conservation easements, technical assistance provided by the department, technology transfer activities of the department, and administrative costs incurred by the department in administering the program.


text: Easements acquired under this program may be held by federal, state, or local government entities or by nonprofit land trust organizations. The director shall find that any recipient of a conservation easement is qualified to monitor and enforce the terms of the easement.


text:
The director shall not disburse any funds until the applicant agrees to both of the following:

(a) That any conservation easement acquired shall be used by the applicant only for the purpose for which the funds were requested.

(b) That the director shall find that any disposition of the easement is consistent with, and in furtherance of, the purposes of this division, that the recipient of the easement is qualified to monitor and enforce the easement, and that the conservation provisions of the easement remain in effect following the transfer.