kind: section

code: PRC

citation: PRC § 1

text: This act shall be known as the Public Resources Code.

history: (History: Enacted By Stats. 1939, Ch. 93.)


citation: PRC § 2

text: The provisions of this code, in so far as they are substantially the same as existing provisions relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

history: (History: Enacted by Stats. 1939, Ch. 93.)


citation: PRC § 3

text: All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold the same according to the former tenure thereof.


citation: PRC § 4

text: No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible.


citation: PRC § 5

text: Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code.


citation: PRC § 6

text: Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning, or intent of the provisions of any division, part, chapter, article, or section hereof.


citation: PRC § 7

text: Whenever, by the provisions of this code, an administrative power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law.


citation: PRC § 8

text: Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required by this code, it shall be made in writing in the English language.


citation: PRC § 9

text: Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all amendments and additions thereto now or hereafter made.


citation: PRC § 10

text: “Section” means a section of this code unless some other statute is specifically mentioned.


citation: PRC § 11

text: The present tense includes the past and future tenses; and the future the present.


citation: PRC § 12

text: The masculine gender includes the feminine and neuter.


citation: PRC § 12.2

text: “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.

history: (History: Added by Stats. 2016, Ch. 50, Sec. 92. (SB 1005) Effective January 1, 2017.)


citation: PRC § 13

text: The singular number includes the plural, and the plural the singular.


citation: PRC § 14

text: “County” includes “city and county.”


citation: PRC § 15

text: “Shall” is mandatory and “may” is permissive.


citation: PRC § 16

text: “Oath” includes affirmation.


citation: PRC § 17

text: “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto.


citation: PRC § 18

text: If any provison of this code, or the application thereof to any person or circumstances, is held invalid the remainder of the code, and the application of its provisions to other persons or circumstances, shall not be affected thereby.


citation: PRC § 500

text: As used in this chapter, “department” means the Department of Parks and Recreation and “director” means the Director of Parks and Recreation.

history: (History: Added by Stats. 1965, Ch. 1144.)

division: 1. ADMINISTRATION

chapter: 1. Department of Parks and Recreation

article: 1. Organization and General Powers

path: 1. ADMINISTRATION > 1. Department of Parks and Recreation > 1. Organization and General Powers


citation: PRC § 501

text: There is in the Resources Agency, the Department of Parks and Recreation. The department shall be conducted under the control of an executive officer known as the Director of Parks and Recreation. The director shall be appointed by and hold office at the pleasure of the Governor and shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The appointment of the director shall be subject to confirmation by the Senate.

history: (History: Repealed and added by Stats. 1965, Ch. 1144.)

article: 1. Organization and General Powers


citation: PRC § 503

text:
The department succeeds to and is vested with all of the duties, powers, purposes, responsibilities, and jurisdiction vested in the Department of Natural Resources or the Director of Natural Resources and exercised by the following divisions of the Department of Natural Resources: Beaches and Parks and Recreation.

Wherever any reference is made to the Department of Natural Resources or to the Director of Natural Resources pertaining to a duty, power, purpose, responsibility or jurisdiction transferred to the Department of Parks and Recreation by this section, it shall be deemed to be a reference to, and to mean, the Department of Parks and Recreation or to the Director of Parks and Recreation, as the case may be.

history: (History: Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)

article: 1. Organization and General Powers


citation: PRC § 504

text: The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office or officer whose duties, powers, and functions have been transferred to and conferred upon the department. Such expenditures by the department shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created.

article: 1. Organization and General Powers


citation: PRC § 505

text: The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, held for the benefit or use of all bodies, offices, and officers whose duties, powers, and functions have been transferred to and conferred upon the department.

article: 1. Organization and General Powers


citation: PRC § 506

text: The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director may appoint, in accordance with civil service, such deputies, officers, and other employees as may be necessary.

article: 1. Organization and General Powers


citation: PRC § 507

text: There shall be one Deputy Director of Parks and Recreation who shall be a civil executive officer and shall be appointed by the Governor and serve at the pleasure of the Governor. The compensation of the deputy director shall be fixed by the director pursuant to law. The deputy director shall have such duties as shall be assigned, from time to time, by the director, and he shall be responsible to the director for the performance thereof.

history: (History: Amended by Stats. 1967, Ch. 1179.)

article: 1. Organization and General Powers


text: For the purpose of administration, the director shall organize the department with the approval of the Governor in the manner he deems necessary to segregate and conduct the work of the department properly. With the approval of the Governor, the director may create such divisions and subdivisions as may be necessary and change or abolish them from time to time. The Division of Beaches and Parks and the Division of Recreation are hereby abolished and whenever any reference in any code or statute is made to the Division of Beaches and Parks or the Division of Recreation pertaining to a duty, power, purpose, responsibility or jurisdiction of the Division of Beaches and Parks or the Division of Recreation it shall be deemed to be a reference to and to mean the Department of Parks and Recreation.

history: (History: Added by Stats. 1967, Ch. 1179.)

article: 1. Organization and General Powers


citation: PRC § 508

text: The director, with approval of the Director of Finance, may accept on behalf of the department federal grants for the purposes for which the department is established. Such grants shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government.

article: 1. Organization and General Powers


text: Notwithstanding Section 14, or any other provision of law, the City and County of San Francisco shall be considered both a city and a county by the Department of Parks and Recreation for purposes of the allocation of funds pursuant to any provision of this code.

history: (History: Added by Stats. 1990, Ch. 1286, Sec. 1.)

article: 1. Organization and General Powers


citation: PRC § 509

text: Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or whenever a refund of all or a portion of such money is due any person, firm, or corporation because of the termination of an agreement or other lawful reason, payment of such refund shall be made upon the filing of a claim by the director with the State Controller. The State Controller shall draw his warrant for payment of the refund from any appropriation made for that purpose.

article: 1. Organization and General Powers


citation: PRC § 510

text: The department may adopt, alter, change or amend any state master plan of shoreline development.

article: 1. Organization and General Powers


citation: PRC § 511

text: The department, with the approval of the Department of General Services, may procure insurance on vessels owned or operated by the department against the usual hazards in addition to the special hazards occasioned by the existence of a state of war.

article: 1. Organization and General Powers


citation: PRC § 512

text:
For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department may issue publications, construct and maintain exhibits, and perform such acts and carry on such functions as in the opinion of the director will best tend to disseminate such information.

Such publications may be distributed free of charge to public libraries and to other state departments and state officers. The department may exchange copies with contemporary publications.

All money received by the department from the sale of publications shall be paid into the State Treasury to the credit of the General Fund.

article: 1. Organization and General Powers


citation: PRC § 513

text:
(a) The department, as a means of furthering the interpretive and educational functions of the state park system, may enter into an agreement to act cooperatively with a nonprofit cooperating association engaged in educational or interpretive work in a state park system unit, as the director may designate, whereby the cooperating association would furnish educational and interpretive materials, or educational and interpretive services, or educational and interpretative materials and services, for sale to the public.

(b) Pursuant to Article 1 (commencing with Section 5080.02) of Chapter 1.2 of Division 5, a concession may provide materials and services that are intended to add to the convenience, enjoyment, and safety of state park system visitors. A concession may also provide, pursuant to this section, educational and interpretive materials and services, as described in paragraphs (2) and (3) of subdivision (d), with the approval of the department.

(c) A cooperating association may provide, pursuant to this section, noneducational and noninterpretive materials and services, as described in paragraph (4) of subdivision (d), or other materials or services that would enhance the visitor experience, as part of its cooperating association program with the approval of the department, if the department is unable to obtain, through a good faith effort, a concessionaire to provide those materials and services.

(d) For purposes of this section, the following definitions apply:

(1) “Cooperating association” means a corporation that meets all of the following criteria:

(A) The corporation is a nonprofit public benefit corporation, organized pursuant to Part 2 (commencing with Section 5110) of Division 2 of Title 1 of the Corporations Code.

(B) The articles of incorporation of the corporation state that the specific purpose of the corporation is to provide support for educational and interpretive programs of the state park system, or portions of the programs.

(C) The corporation has a cooperating association program contract with the department.

(D) The corporation is in compliance with the department’s policies and guidelines regarding cooperating associations and has obtained the department’s approval for its educational and interpretive materials and services.

(2) “Educational and interpretive materials” include items that promote visitor appreciation, understanding, and knowledge of natural, cultural, and historic resources of the state park system, including educational and interpretive gifts and souvenirs.

(3) “Educational and interpretive services” include those activities and programs that focus on natural, cultural, and historic resources of the state park system and are not generally offered by the department.

(4) “Educational and interpretive materials and services” do not include lodging, food service, horse and equipment rentals, camping supplies, gifts and souvenirs, other than those described in paragraph (2), transportation, except for equipment owned by the department, recreational lessons, and the operation of specialized facilities within a state park unit such as the theater at Hearst San Simeon State Historic Monument and Old Town San Diego State Historic Park, golf courses, and marinas.

(e) The department, at its discretion, may provide the services of department personnel and shall provide space, if available, for the sale of cooperating association materials, services, or both, within a state park unit.

(f) Subject to rules and regulations that the director shall adopt, all moneys collected by the cooperating association or received by the department from the sale of cooperating association materials, services, or both, provided by a cooperating association shall be retained by or returned to the cooperating association for use in the programs of the state park system unit that the cooperating association has been designated to serve.

history: (History: Amended by Stats. 2015, Ch. 573, Sec. 3. (SB 204) Effective January 1, 2016.)

article: 1. Organization and General Powers


text: The department may provide space and facilities for schools to use for environmental education purposes within units of the state park system.

history: (History: Added by Stats. 1972, Ch. 939.)

article: 1. Organization and General Powers


citation: PRC § 514

text: Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, on and after January 1, 1980, the department or the director shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.

history: (History: Added by Stats. 1979, Ch. 1152.)

article: 1. Organization and General Powers


citation: PRC § 520

text:
For purposes of this article, the following terms shall have the following meanings:

(a) “Park support organization” means a nonprofit organization that meets all of the following requirements:

(1) Is exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code.

(2) Is established for the principal purposes of increasing park access and visitation in ways that serve all Californians and visitors to the state, promoting healthy lifestyles and community engagement, and supporting the protection and stewardship of California’s natural, cultural, and historical lands, sites, and resources.

(3) Complies with the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 (commencing with Section 12580) of Chapter 6 of Part 2 of Division 3 of Title 2 of the Government Code).

(b) “Priority list” means the annual list of strategic initiatives and projects developed by the department and the park support organization pursuant to Section 523.

history: (History: Added by Stats. 2016, Ch. 540, Sec. 2. (SB 1111) Effective January 1, 2017.)

article: 1.5. Park Support Organization

path: 1. ADMINISTRATION > 1. Department of Parks and Recreation > 1.5. Park Support Organization


citation: PRC § 521

text:
(a) The department may enter into a statewide agreement with a park support organization to facilitate the implementation of reforms recommended by the Parks Forward Commission and to develop and secure expertise, services, resources, and projects that are not readily available to the state park system, for all of the following purposes:

(1) To develop and engage new sources of public and private funding for the state park system, including philanthropic sources and enterprise and revenue generation activities, where appropriate.

(2) To support marketing and communications activities that promote the programs, amenities, and resources of the state park system, the department, and its partners.

(3) To support projects and programs that facilitate park access and visitation and enhance educational opportunities, particularly among younger and more diverse audiences.

(4) To promote the health and well-being of the state’s residents.

(5) To establish or improve, and support the completion of projects that establish or improve, state park visitor amenities and facilities.

(6) To recruit more diverse staffing and improve capacity for state park programs.

(7) To advance the protection and stewardship of natural, cultural, and historic lands, sites, and resources.

(b) If the department enters into an agreement with a park support organization, the park support organization, in consultation with the department, shall do all of the following:

(1) Communicate and coordinate with park agencies, partners, friends, and volunteers to ensure that activities undertaken pursuant to the agreement complement, support, facilitate, and amplify ongoing partnerships, programs, and projects in support of the state park system.

(2) Engage with public agencies and organizations that manage, operate, and support other parks and protected lands in the state.

article: 1.5. Park Support Organization


citation: PRC § 522

text: The director and the Director of Finance, or their respective designees, may serve as ex officio, nonvoting members of the park support organization’s board of directors in order to provide for effective communication and coordination of efforts between the departments and the park support organization.

article: 1.5. Park Support Organization


text: The park support organization is not a state agency or state body.

article: 1.5. Park Support Organization


citation: PRC § 523

text:
(a) If the department enters into an agreement with a park support organization pursuant to Section 521, the department and the park support organization shall collaborate to develop an annual list of strategic initiatives and projects that are statewide priorities for the state park system and for the park support organization and that the park support organization will undertake in partnership with the department.

(b) (1) Any initiative or project included on the priority list shall be consistent with the purposes specified in subdivision (a) of Section 521.

(2) For the first three years of an agreement entered into pursuant to subdivision (a) of Section 521, the park support organization and the department shall prioritize a limited subset of focus areas and projects from the list of purposes specified in subdivision (a) of Section 521, consistent with paragraph (2) of subdivision (b) of Section 521.

(c) Any initiative or project included on the priority list shall be consistent with Sections 5001.2 and 5019.53 regarding protection of the natural, scenic, cultural, and ecological values of the state park system.

(d) The department shall post a copy of the priority list on its Internet Web site, and shall provide copies of the list to the chairpersons of the Senate Committee on Budget and Fiscal Review, the Assembly Committee on Budget, the Senate Committee on Natural Resources and Water, and the Assembly Committee on Water, Parks, and Wildlife.

article: 1.5. Park Support Organization


citation: PRC § 524

text:
(a) In order to advance the purposes described in subdivision (a) of Section 521, an agreement between the department and the park support organization pursuant to Section 521 shall, at a minimum, include and specify all of the following:

(1) Clear goals and objectives.

(2) Any commitments of oversight, staffing, and coordination that are needed to accomplish the goals and objectives.

(3) The process for developing the priority list pursuant to Section 523.

(b) (1) The department may develop and enter into supplementary agreements with the park support organization for the purposes of securing any expertise, capacity, or financial resources that may be needed to identify, plan, develop, or implement strategic initiatives and projects on the priority list. Any such agreement may include, but not be limited to, grants, contracts, memoranda of understanding, staff-sharing agreements, leases, and rights of entry onto state park property.

(2) Notwithstanding Section 5003.17, the department may lease to the park support organization, for a minimum rental of one dollar ($1.00) per year, real property that is owned by the state and included in any unit of the state park system, if the lease agreement requires the park support organization to construct, or provide for the construction of, a structure or improvement on the leased property and specifies that title to the structure or improvement shall vest in the state at the expiration of the lease term. The agreement may provide for the means or method by which title to the structure or improvement shall vest in the state before the expiration of that term.

(3) Notwithstanding Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code, any agreements entered into by the department pursuant to this subdivision shall be under the control of the department and shall not be subject to any advertising or competitive bidding requirements applicable to public works or other public projects.

(4) Any construction, alteration, demolition, installation, or repair work undertaken by or on behalf of a park support organization on property owned by the state pursuant to this section shall constitute a public work for purposes of Chapter 1 (commencing with Section 1720) of Part 7 of Division 2 of the Labor Code.

(c) The director may receive donations of projects, services, and funds from the park support organization as authorized by Sections 5005, 5009.1, 5009.2, and 5009.3.

(d) The Director of Finance shall have 60 days to review and approve or disapprove any agreement or any substantial amendment to such an agreement, proposed under subdivision (a). Upon approval of the agreement, or substantial amendment, the director may accept donations and enter into supplementary agreements as authorized under subdivisions (b) and (c).

article: 1.5. Park Support Organization


citation: PRC § 525

text: Nothing in this article shall be interpreted as a limitation on the ability of the park support organization to apply for, receive, or administer grants, loans, or other funds from public entities other than the department. The park support organization shall consult with the department if the department may also be applying for those funds.

article: 1.5. Park Support Organization


citation: PRC § 530

text:
(a) There is in the department the State Park and Recreation Commission. The members shall be selected as follows:

(1) Nine members, as follows, shall be appointed by the Governor, subject to confirmation by the Senate.

(A) Three members shall represent the public.

(B) One member shall have demonstrated expertise in cultural or historic resources management.

(C) One member shall have background as a parks professional with experience in local, regional, or national parks or may be a retired state parks employee from the department.

(D) One member shall represent nonprofit or other organizations with statewide policy expertise with the state park system or in operating one or more state parks through operating agreements or other arrangements.

(E) One member shall represent a statewide conservation organization with expertise in the administration or programs of the department.

(F) One member shall have a background in the recreational industry.

(G) One member shall represent a local business community that has significant and beneficial relationships with one or more state parks.

(2) The Speaker of the Assembly and the Senate Committee on Rules shall each appoint one ex officio legislative member.

(b) As appointments are made to the commission after the effective date of the act that amended this section during the 2011–12 Regular Session, the Governor shall ensure that appointments are made in conformance with this section.

(c) If a reference is made to the State Park Commission or Recreation Commission pertaining to a duty, power, purpose, responsibility, or jurisdiction of the State Park Commission or the Recreation Commission, it shall be deemed to be a reference to and to mean the State Park and Recreation Commission.

(d) The commission chair may appoint committees composed of commission members and the duties of the committees shall include, but not be limited to, those duties set forth in Sections 539 and 540. Findings and recommendations of the committees shall be presented to the commission for consideration and action.

history: (History: Amended by Stats. 2012, Ch. 530, Sec. 2. (AB 1478) Effective September 25, 2012.)

article: 2. State Park and Recreation Commission

path: 1. ADMINISTRATION > 1. Department of Parks and Recreation > 2. State Park and Recreation Commission


citation: PRC § 531

text: The members of the commission shall be selected from areas distributed throughout the state and because of their interest in park, recreation, conservation, and boating and waterways matters and, except for initial members of the commission, shall serve for terms of four years or until their successors are appointed and qualified.

history: (History: Amended by Stats. 2012, Ch. 136, Sec. 3. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)

article: 2. State Park and Recreation Commission


citation: PRC § 533

text: In case of any vacancy, the appointment shall be for the remainder of the unexpired term. All appointments of members made when the Legislature is not in session shall be subject to confirmation by the Senate at the next regular or special session of the Legislature.

article: 2. State Park and Recreation Commission


citation: PRC § 534

text: The commission shall elect a chair from its number who shall serve as chair for one year and until a successor is elected.

history: (History: Amended by Stats. 2010, Ch. 213, Sec. 2. (AB 2768) Effective January 1, 2011.)

article: 2. State Park and Recreation Commission


text: The Director of the Department of Parks and Recreation shall act as secretary of the commission and shall appoint such assistants as are necessary to carry out this function. Such assistants shall be appointed from among the employees of the department.

article: 2. State Park and Recreation Commission


citation: PRC § 535

text: The commission shall report annually to the Governor, through the director, on existing and operating recreational facilities, programs and activities of the state park system, and on the needs of the state and the local subdivisions thereof for recreational facilities, programs, and activities, and shall make recommendations for programs and activities to meet future needs of the state for parks and recreation.

history: (History: Repealed and added by Stats. 1967, Ch. 1179.)

article: 2. State Park and Recreation Commission


text:
(a) The commission shall evaluate and assess the department’s deferred maintenance obligations. After public notice and at a public hearing, following a presentation by the relevant district superintendent, it may consider the nature and extent, and establish the relative priority, of prospective deferred maintenance projects of the department.

(b) The commission may provide advice to the Governor, the Legislature, and the department on policies, projects, and other matters pertaining to parks, recreation, and public access affecting the state park system.

(c) The commission may conduct an annual workshop or series of workshops to review the department’s annual operating budget and proposed capital improvement projects.

(d) The commission may make recommendations to improve visitor services and visitor satisfaction in parks, assess the progress and challenges with regard to the protection of natural, cultural, and historical resources within the state park system, and enhance revenue opportunities across the state park system.

(e) The commission may assist in promoting the state park system and parks and recreational facilities and programs.

(f) The sum of one hundred twenty thousands dollars ($120,000) annually in the 2012–13 and 2013–14 fiscal years is hereby appropriated from the State Parks and Recreation Fund to the State Park and Recreation Commission for the purpose of funding those activities authorized under this section.

history: (History: Added by Stats. 2012, Ch. 530, Sec. 3. (AB 1478) Effective September 25, 2012.)

article: 2. State Park and Recreation Commission


citation: PRC § 536

text:
The members of the commission may receive a salary for their services in an amount of fifty dollars ($50) for each day, up to a maximum salary of one hundred dollars ($100) per month. A member of the commission may also be reimbursed for the actual and necessary expenses which are incurred in the performance of the member’s duties.

Notwithstanding any other provision of law, any member of the commission who is also a member of, and is entitled to receive the benefits from, the Legislators’ Retirement System may elect to forego the compensation provided by this section and, if the compensation is foregone, the member shall not have his or her retirement benefits reduced and shall not be required to be reinstated into the retirement system.

history: (History: Amended by Stats. 1985, Ch. 942, Sec. 2.)

article: 2. State Park and Recreation Commission


citation: PRC § 538

text: The commission may designate, delete, or modify state marine reserves, state marine parks, state marine conservation areas, state marine cultural preservation areas, and state marine recreational management areas, as delineated in subdivision (b) of Section 36725. The commission may not designate, delete, or modify a state marine reserve, state marine park, or state marine conservation area without the concurrence of the Fish and Game Commission on any proposed restrictions upon, or change in, the use of living marine resources.

history: (History: Amended by Stats. 2003, Ch. 610, Sec. 14. Effective January 1, 2004.)

article: 2. State Park and Recreation Commission


citation: PRC § 539

text: The commission shall establish general policies for the guidance of the director in the administration, protection and development of the state park system.

article: 2. State Park and Recreation Commission


citation: PRC § 540

text:
(a) The commission shall cause to be studied and shall consider the whole problem of recreation of the people of the State of California as it affects and may affect the welfare of the people and especially the children and youth.

(b) The commission shall formulate, in cooperation with other state agencies, interested organizations and citizens, and shall recommend to the director, for adoption by him, a comprehensive recreational policy for the State of California.

article: 2. State Park and Recreation Commission


citation: PRC § 541

text:
In accordance with the general policies established by the commission, and as requested by the director, the Department of Parks and Recreation shall:

(a) Assist the commission in the performance of its functions under Sections 539 and 540 of this code.

(b) Investigate and report to the director and the commission upon the facilities and services which are needed or which exist in the public recreational areas within the state and by consultation with the authorities in charge, assist in the coordination and development of recreational programs; provided, that surveys of the recreational facilities and programs of local agencies shall be made only upon their request.

(c) Advise and cooperate with and encourage community recreation agencies interested in the use of or the development of recreational facilities and programs for public benefit.

(d) Advise the administrative officers of all state agencies, authorized by law to perform recreational services, of regular meetings of the commission and of such special meetings as may consider matters relating to their specific responsibilities, and invite such officers to attend and participate in deliberations of the commission without the authority to vote.

(e) Make studies and surveys and long range plans of recreational facilities and programs necessary to meet recreation needs throughout the state, and participate with other federal, state, and local governmental agencies in advance planning with respect to the development and coordination of recreational facilities and programs.

article: 2. State Park and Recreation Commission


text:
(a) The department shall not close, or propose to close, a state park in the 2012–13 or 2013–14 fiscal year. The commission and the department shall recommend all necessary steps to establish a sustainable funding strategy for the department to the Legislature on or before January 1, 2015.

(b) There is hereby appropriated twenty million five hundred thousand dollars ($20,500,000) to the department from the State Parks and Recreation Fund, which shall be available for encumbrance until June 30, 2016, and for liquidation until June 30, 2018, to be expended as follows:

(1) Ten million dollars ($10,000,000) shall be available to provide for matching funds pursuant to subdivision (c).

(2) Ten million dollars ($10,000,000) shall be available for the department to direct funds to parks that remain at risk of closure or that will keep parks open during the 2012–13 to 2015–16 fiscal years, inclusive. Priority may be given to parks subject to a donor or operating agreement or other contractual arrangement with the department.

(3) Up to five hundred thousand dollars ($500,000) shall be available for the department to pay for ongoing audits and investigations as directed by the Joint Legislative Audit Committee, the office of the Attorney General, the Department of Finance, or other state agency.

(c) The department shall match on a dollar-for-dollar basis all financial contributions contributed by a donor pursuant to an agreement for the 2012–13 fiscal year for which the department received funds as of July 31, 2013, and for agreements entered into in the 2013–14 fiscal year. These matching funds shall be used exclusively in the park unit subject to those agreements.

(d) The department shall notify the Joint Legislative Budget Committee in writing not less than 30 days before the expenditure of funds under this section of the funding that shall be expended, the manner of the expenditure, and the recipient of the expenditure.

(e) The prohibition on the closure, or proposed closure, of a state park in the 2012–13 or 2013–14 fiscal year, pursuant to subdivision (a), does not limit or affect the department’s authority to enter into an operating agreement, pursuant to Section 5080.42, during the 2012–13 or 2013–14 fiscal year, for purposes of the operation of the entirety of a state park during the 2012–13 or 2013–14 fiscal year.

history: (History: Amended by Stats. 2016, Ch. 86, Sec. 252. (SB 1171) Effective January 1, 2017.)

article: 2. State Park and Recreation Commission


text:
(a) There is hereby appropriated ten million dollars ($10,000,000) from the Safe Drinking Water, Water Quality and Water Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001)) to be expended as follows:

(1) The amount appropriated in this item is available for expenditures for capital outlay and support for capital outlay projects of a state park.

(2) No commitment of funds from this item shall be authorized prior to 30 days after the Department of Parks and Recreation notifies the Joint Legislative Budget Committee and the Department of Finance of the projects to be funded from this section. No funds shall be expended for capital outlay projects without prior approval of the State Public Works Board.

(3) The amount appropriated in this section shall be available for expenditure until June 30, 2015.

history: (History: Added by Stats. 2012, Ch. 530, Sec. 5. (AB 1478) Effective September 25, 2012.)

article: 2. State Park and Recreation Commission


citation: PRC § 542

text: The department may encourage and render assistance in the promotion of training programs for volunteer and professional recreation leaders in cooperation with other agencies, organizations and institutions, and may encourage the establishment of standards for recreation personnel.

article: 2. State Park and Recreation Commission


citation: PRC § 543

text: The department may assist every department, commission, board, agency and officer of the state in rendering recreational services in conformity with their respective authorized powers and duties and encourage and assist in the coordination of federal, state and local recreational activities.

article: 2. State Park and Recreation Commission


citation: PRC § 546

text: The director may authorize any employee of the department to exercise any power granted to, or to perform any duty imposed upon, the director.

article: 2. State Park and Recreation Commission


citation: PRC § 560

text: The department may participate or contract with the United States Army Corps of Engineers, the County of San Luis Obispo, or the City of Pismo Beach, or any or all of them, in repairing and improving the concrete seawall at Pismo State Beach adjacent to the Pacific Ocean in the City of Pismo Beach, including access ways, safety railing, utilities, repaving, and restroom.

history: (History: Added by Stats. 1980, Ch. 1199, Sec. 1. Effective September 29, 1980.)

article: 3. City of Pismo Beach Seawall Repair

path: 1. ADMINISTRATION > 1. Department of Parks and Recreation > 3. City of Pismo Beach Seawall Repair


citation: PRC § 561

text: The department shall permit the United States, if it agrees to accomplish all or part of the work, to use the necessary real property, or any interest therein, for the work to be performed pursuant to this article. The department may hold and save the federal government free from damages for all time due to the construction, operation, and maintenance of the seawall, including access ways, safety railing, utilities, repaving, and restroom, and may provide directly or by agreement with the City of Pismo Beach items of local cooperation as may be required for federal participation in this project. Items of local cooperation provided by the department shall be subject to the approval of the Director of Finance.

article: 3. City of Pismo Beach Seawall Repair


citation: PRC § 562

text: The department, with the approval of the Director of Finance and on terms satisfactory to the department, may advance moneys appropriated for purposes of this article to the United States Army Corps of Engineers, the County of San Luis Obispo, or the City of Pismo Beach, or any or all of them, for the repair, replacement, or improvement of the facilities described in Section 561.

article: 3. City of Pismo Beach Seawall Repair


citation: PRC § 563

text: Notwithstanding Article 2.5 (commencing with Section 65) of Chapter 2 of Division 1 of the Harbors and Navigation Code and Part 6 (commencing with Section 12570) of Division 6 of the Water Code, the department shall perform the duties imposed on it pursuant to this article.

article: 3. City of Pismo Beach Seawall Repair


citation: PRC § 600

text: As used in this chapter, “department” means the Department of Conservation and “director” means the Director of Conservation.

history: (History: Added by Stats. 1965, Ch. 1144.)

chapter: 2. Department of Conservation

article: 1. Organization and General Powers

path: 1. ADMINISTRATION > 2. Department of Conservation > 1. Organization and General Powers


citation: PRC § 601

text: There is in the Resources Agency the Department of Conservation. The department shall be conducted under the control of an executive officer known as the Director of Conservation. The director shall be appointed by and hold office at the pleasure of the Governor and shall receive an annual salary as provided in Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code. The appointment of the director shall be subject to confirmation by the Senate.

article: 1. Organization and General Powers


citation: PRC § 603

text:
The department succeeds to and is vested with all of the duties, powers, purposes, responsibilities, and jurisdiction vested in the Department of Natural Resources or the Director of Natural Resources and exercised by the following divisions of the Department of Natural Resources: Forestry; Mines and Geology; Oil and Gas; and Soil Conservation.

Wherever any reference is made to the Department of Natural Resources or to the Director of Natural Resources pertaining to a duty, power, purpose, responsibility, or jurisdiction transferred to the Department of Conservation by this section, it shall be deemed to be a reference to, and to mean, the Department of Conservation or to the Director of Conservation, as the case may be.

article: 1. Organization and General Powers


text: The director is hereby vested with all the duties, powers, purposes, responsibilities, and jurisdiction of the State Geologist as Chief of the California Geological Survey of the department. The director may appoint an assistant or deputy director to exercise any powers and duties in the administration of the California Geological Survey that the director may delegate to that person.

history: (History: Amended by Stats. 2006, Ch. 869, Sec. 8. Effective January 1, 2007.)

article: 1. Organization and General Powers


citation: PRC § 604

text: The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office or officer whose duties, powers, and functions have been transferred to and conferred upon the department. Such expenditures by the department shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created.

article: 1. Organization and General Powers


citation: PRC § 605

text: The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, held for the benefit or use of all bodies, offices, and officers whose duties, powers, and functions have been transferred to and conferred upon the department.

article: 1. Organization and General Powers


citation: PRC § 606

text: The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director may appoint, in accordance with civil service, such deputies, officers, and other employees as may be necessary.

article: 1. Organization and General Powers


citation: PRC § 607

text:
The work of the department shall be divided into at least the following:

(a) California Geological Survey.

(b) (1) Geologic Energy Management Division.

(2) Any reference in any law or regulation to the Division of Oil, Gas, and Geothermal Resources in the Department of Conservation is deemed to, instead, refer to the Geologic Energy Management Division.

(c) Division of Land Resource Protection.

(d) Division of Mine Reclamation.

history: (History: Amended by Stats. 2019, Ch. 771, Sec. 6. (AB 1057) Effective January 1, 2020.)

article: 1. Organization and General Powers


citation: PRC § 608

text: The director, with approval of the Director of Finance, may accept on behalf of the various divisions of the department federal grants for the purposes for which the department is established. Such grants shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government.

article: 1. Organization and General Powers


citation: PRC § 609

text: Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or whenever a refund of all or a portion of such money is due any person, firm, or corporation because of the termination of an agreement or other lawful reason, payment of such refund shall be made upon the filing of a claim by the director with the State Controller. The State Controller shall draw his warrant for payment of the refund from any appropriation made for that purpose.

article: 1. Organization and General Powers


citation: PRC § 610

text:
For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department may issue publications, construct and maintain exhibits, and perform acts and carry on functions, as in the opinion of the director, will best tend to disseminate the information.

These publications may be distributed free of charge to public libraries and to other state departments and state officers. The department may exchange copies with contemporary publications.

All money received by the department from the sale of publications, exclusive of money received by any separate division of the department from the sale of publications, shall be paid into the State Treasury to the credit of the General Fund.

history: (History: Amended by Stats. 1988, Ch. 259, Sec. 2.)

article: 1. Organization and General Powers


citation: PRC § 611

text: Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, on and after January 1, 1980, the department, director, the State Geologist, the State Mining and Geology Board, or the California Geological Survey shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from such provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.

history: (History: Amended by Stats. 2006, Ch. 869, Sec. 10. Effective January 1, 2007.)

article: 1. Organization and General Powers


citation: PRC § 612

text: The department shall prepare, update, and maintain Important Farmland Series maps as defined in subdivision (f) of Section 65560 of the Government Code and other soils and land capability information, and prepare and maintain an automated map and data base system to record and report changes in the use of agricultural lands.

history: (History: Amended by Stats. 2017, Ch. 434, Sec. 9. (SB 732) Effective January 1, 2018.)

article: 1. Organization and General Powers


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

(1) It is in the state’s public interest to have an accurate inventory of the state’s soil resources.

(2) In California, the United States Soil Conservation Service has been responsible for undertaking soil surveys and soils information for many of California’s agricultural counties is outdated or unavailable.

(3) Information on soils is needed for agricultural management, water and soil conservation activities, engineering and land use planning, and state and local policy decisions. Completion of the California Farmland Mapping and Monitoring Program is contingent upon availability of accurate, modern soil surveys.

(4) State funding of soil surveys has been limited to soil vegetation surveys on wildlands and no state contributions have been made toward the completion of modern soil surveys in California on cropland. In recent years, every state with incomplete soil surveys on farmland, except California, has cost-shared with the United States Soil Conservation Service to complete those surveys.

(5) Federal funding for the soil survey program of the United States Soil Conservation Service has been declining in real dollars in the past several years and is projected to be further reduced under the requirements of the Gramm-Rudman-Hollings Deficit Reduction Act.

(6) Therefore, it is in California’s interest to authorize the department to assist the United States Soil Conservation Service with the completion of soil surveys.

(b) The department shall provide financial assistance to the United States Soil Conservation Service to undertake or complete soil surveys in areas of this state where the surveys have not been completed, including, but not limited to, portions of the Counties of San Joaquin, Yuba, Colusa, Butte, Fresno, Kern, Tulare, Stanislaus, and Lassen. Financial assistance shall be applied to field work that includes onsite soils mapping, report writing, manuscript preparation, and final correlation of soils data.

(c) In allocating funds for completion of soil surveys in the United States Soil Conservation Service soil survey areas in California, the department shall consider criteria that include, but are not limited to, all of the following:

(1) Voids in important farmland maps.

(2) Rate and type of land use changes.

(3) Extent of erosion, alkalinity, and other soil resource problems.

(4) Farm-gate value of agricultural production.

(5) Specific soil-related problems.

(6) Status of ongoing soil surveys.

(7) Extent of cropland in each county.

(8) Availability of local funding or other support.

history: (History: Amended by Stats. 2004, Ch. 193, Sec. 159. Effective January 1, 2005.)

article: 1. Organization and General Powers


citation: PRC § 613

text:
The department, through the California Resources Information System and as budgetary resources permit, may provide informational assistance to local agencies in the development of geobased natural resource information systems. In addition, the department may assist local agencies in securing geobased natural resource information from state agencies.

Local agencies requesting assistance shall reimburse the department for identifiable costs incurred by the department pursuant to this section.

history: (History: Added by Stats. 1982, Ch. 221, Sec. 1.)

article: 1. Organization and General Powers


citation: PRC § 614

text:
The department may do any of the following:

(a) Advise a city, county, city and county, special district, including a resource conservation district, state agency, federal agency, tribal agency, and the general public on issues of conservation importance, including, but not limited to, planning activities and documents.

(b) Review and provide comments to documents prepared in accordance with the California Environmental Quality Act (Division 13 (commencing with Section 21000)).

(c) Administer local assistance programs, including grants and contracts.

(d) Serve as a state-level liaison with resource conservation districts.

(e) Provide assistance to resource conservation districts, including, but not limited to, equipment, technology, training, education, technical assistance, financial assistance, assistance to support or improve the district’s organization or capacity, and any other goods or services.

(f) Cooperate with and promote coordination of the activities of any federal, state, local, or tribal agency, including cities, counties, special districts, including resource conservation districts, and California Native American tribes on issues of conservation importance.

history: (History: Repealed and added by Stats. 2022, Ch. 585, Sec. 2. (AB 1902) Effective January 1, 2023.)

article: 1. Organization and General Powers


citation: PRC § 615

text: Grants administered by the department, including, but not limited to, those awarded pursuant to Division 9 (commencing with Section 9001), Division 10.2 (commencing with Section 10200), and Division 12.1 (commencing with Section 14500), are not subject to the State Contract Act (Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code) or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code.

history: (History: Amended by Stats. 2019, Ch. 469, Sec. 5. (SB 785) Effective January 1, 2020.)

article: 1. Organization and General Powers


citation: PRC § 617

text: Upon an appropriation by the Legislature, or as other funds become available and are appropriated for these purposes, the department may provide grants and other forms of local assistance to resource conservation districts.

history: (History: Added by Stats. 2022, Ch. 585, Sec. 3. (AB 1902) Effective January 1, 2023.)

article: 1. Organization and General Powers


citation: PRC § 660

text: There is in the department a State Mining and Geology Board consisting of nine members appointed by the Governor, subject to confirmation by the Senate.

history: (History: Amended by Stats. 1988, Ch. 257, Sec. 1.)

article: 2. State Mining and Geology Board

path: 1. ADMINISTRATION > 2. Department of Conservation > 2. State Mining and Geology Board


citation: PRC § 661

text: As used in this article, “board” means the State Mining and Geology Board and “division” means the California Geological Survey of the department.

history: (History: Amended by Stats. 2006, Ch. 869, Sec. 11. Effective January 1, 2007.)

article: 2. State Mining and Geology Board


citation: PRC § 662

text:
(a) One member of the board shall be a professional geologist with background and experience in mining geology; one member shall be a mining engineer with background and experience in mining minerals in California; one member shall have background and experience in groundwater hydrology, water quality, and rock chemistry; one member shall be a representative of local government with background and experience in urban planning; one member shall have background and experience in the field of environmental protection or the study of ecosystems; one member shall be a professional geologist, registered geophysicist, registered civil engineer, or registered structural engineer with background and experience in seismology; one member shall be a landscape architect with background and experience in soil conservation or revegetation of disturbed soils; one member shall have background and experience in mineral resource conservation, development, and utilization; and one member shall not be required to have specialized experience.

(b) All members of the board shall represent the general public interest, but not more than one-third of the members at any one time may be currently employed by, or receive more than 25 percent of their annual income, not to exceed $25,000 a year per member, from an entity that owns or operates a mine in California. The representative of local government shall not be considered an employee of an entity that owns or operates a mine if the lead agency employing the representative owns or operates a mine. For purposes of this section, retirement or other benefits paid by a mining entity to an individual who is no longer employed by that entity are not considered to be compensation, if those benefits were earned prior to the date the individual terminated his or her employment with the entity.

(c) If a member of the board determines that he or she has a conflict of interest on a particular matter before the board pursuant to subdivision (b) or Section 663, he or she shall provide the clerk of the board with a brief written explanation of the basis for the conflict of interest, which shall become a part of the public record of the board. The written explanation shall be delivered prior to the time the matter to which it pertains is voted on by the board. This disclosure requirement is in addition to any other conflict-of-interest disclosure requirement imposed by law.

history: (History: Amended by Stats. 2004, Ch. 865, Sec. 37. Effective January 1, 2005.)

article: 2. State Mining and Geology Board


citation: PRC § 663

text:
(a) No member of the board shall participate in any action of the board or attempt to influence any decision of the board that involves himself or herself, or any person with whom he or she is connected, as a director, officer, paid consultant, or full-time or part-time employee, or in which he or she has a financial interest within the meaning of Section 87103 of the Government Code.

(b) No board member shall participate in any proceeding before any state or local agency as a consultant or in any other capacity on behalf of any person who engages in surface mining operations.

(c) Upon request of any person, or on his or her own initiative, the Attorney General may file a complaint in the superior court for the county in which the board has its principal office alleging that a board member has knowingly violated this section, alleging the facts upon which the allegation is based, and asking that the member be removed from office. Further proceedings shall be in accordance as nearly as practicable with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section it shall order the member removed from office.

history: (History: Amended by Stats. 1993, Ch. 278, Sec. 2. Effective August 2, 1993.)

article: 2. State Mining and Geology Board


text:
(a) For the purposes of this section, “ex parte communication” means any oral or written communication between a member of the board and an interested person about a matter within the board’s jurisdiction that does not occur in a public hearing, workshop, or other official proceeding, or on the official record of the proceeding on the matter.

(b) For purposes of this section, “a matter within the board’s jurisdiction” means any action on a reclamation plan or financial assurance appealed pursuant to subdivision (e) of Section 2770, any review of an order setting administrative penalties pursuant to Section 2774.2, or any review of an appeal pursuant to Section 2775.

(c) A board member or any person, other than a staff member of the board, department, or any other state agency, who is acting in his or her official capacity and who intends to influence the decision of the board on a matter within the board’s jurisdiction, shall not conduct an ex parte communication, unless the board member or the person who engages in the communication with the board member discloses that communication in one of the following ways:

(1) The board member or the person fully discloses the communication and makes public the ex parte communication by providing a full report of the communication to the executive officer or, if the communication occurs within seven days of the next board hearing, to the board on the record of the proceeding of that hearing.

(2) When two or more board members receive substantially the same written communication or receive the same oral communication from the same party on the same matter, one of the board members fully discloses the communication on behalf of the other board member or members who received the communication and requests in writing that it be placed in the board’s official record of the proceeding.

(d) (1) The board shall adopt standard disclosure forms for reporting ex parte communications which shall include, but not be limited to, all of the following information:

(A) The date, time, and location of the communication.

(B) The identity of the person or persons initiating and the person or persons receiving the communication.

(C) A complete description of the content of the communication, including the complete text of any written material that was part of the communication.

(2) The executive officer shall place in the public record any report of an ex parte communication.

(e) Communications shall cease to be ex parte communications when fully disclosed and placed in the board’s official record.

(f) In addition to any other applicable penalty, a board member who knowingly violates this section is subject to a civil fine, not to exceed seven thousand five hundred dollars ($7,500). Notwithstanding any law to the contrary, the court may award attorneys’ fees and costs to the prevailing party.

(g) Notwithstanding Section 11425.10 of the Government Code, the ex parte communications provisions of the Administrative Procedure Act (Article 7 (commencing with Section 11430.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code) do not apply to proceedings of the board under this code.

history: (History: Amended by Stats. 1995, Ch. 938, Sec. 81. Effective January 1, 1996. Operative July 1, 1997, by Sec. 98 of Ch. 938.)

article: 2. State Mining and Geology Board


text:
(a) No board member shall make, participate in making, or in any other way attempt to use his or her official position to influence a board decision about which the member has knowingly had an ex parte communication that has not been reported pursuant to Section 663.1.

(b) In addition to any other applicable penalty, including a civil fine imposed pursuant to subdivision (f) of Section 663.1, a board member who knowingly violates this section shall be subject to a civil fine, not to exceed seven thousand five hundred dollars ($7,500). Notwithstanding any law to the contrary, the court may award attorneys’ fees and costs to the prevailing party.

history: (History: Added by Stats. 1993, Ch. 278, Sec. 4. Effective August 2, 1993.)

article: 2. State Mining and Geology Board


citation: PRC § 664

text: Each member of the board shall hold office for four years. Vacancies shall be immediately filled by the Governor.

history: (History: Amended by Stats. 1988, Ch. 257, Sec. 2.)

article: 2. State Mining and Geology Board


citation: PRC § 667

text: Each member of the board shall receive one hundred dollars ($100) for each day during which the member is engaged in the performance of official duties. The compensation of each member, except the compensation of the chair, shall not, however, exceed in any one fiscal year the sum of four thousand dollars ($4,000). The chair of the board may receive compensation not to exceed five thousand dollars ($5,000) in any one fiscal year for the performance of official duties. In addition to the compensation, each member shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties.

history: (History: Amended by Stats. 2011, Ch. 296, Sec. 254. (AB 1023) Effective January 1, 2012.)

article: 2. State Mining and Geology Board


citation: PRC § 668

text: The board shall maintain its headquarters in Sacramento and shall hold meetings at such times and at such places as shall be determined by it. Five members of the board shall constitute a quorum for the purpose of transacting any business of the board. A majority affirmative vote of the total authorized membership of the board shall be necessary to adopt, amend, or repeal state policy for the reclamation of mined lands adopted pursuant to Article 4 (commencing with Section 2755) of Chapter 9 of Division 2. All meetings of the board shall be open to the public.

history: (History: Added by Stats. 1975, Ch. 1131.)

article: 2. State Mining and Geology Board


citation: PRC § 669

text: The Governor shall designate the chair of the board from among the members of the board. The person designated as the chair shall hold the office at the pleasure of the Governor. The board shall annually elect a vice chair from among its members.

history: (History: Amended by Stats. 2010, Ch. 213, Sec. 4. (AB 2768) Effective January 1, 2011.)

article: 2. State Mining and Geology Board


citation: PRC § 670

text: The board may appoint an executive officer who shall be exempt from civil service. The board may also employ the clerical assistance necessary for the proper discharge of its duties. Neither the board nor its employees shall have or be given any powers in relation to the administration of the division.

history: (History: Amended by Stats. 2025, Ch. 236, Sec. 1. (SB 831) Effective January 1, 2026.)

article: 2. State Mining and Geology Board


citation: PRC § 671

text: The director shall have no power to amend or repeal any order, ruling, or directive of the board.

article: 2. State Mining and Geology Board


citation: PRC § 672

text: The board shall represent the state’s interest in the development, utilization, and conservation of the mineral resources of the state and the reclamation of mined lands, as provided by law, and federal matters pertaining to mining, and shall determine, establish, and maintain an adequate surface mining and reclamation policy. The board shall also represent the state’s interest in the development of geological information necessary to the understanding and utilization of the state’s terrain, and seismological and geological information pertaining to earthquake and other geological hazards. General policies for the division shall be determined by the board.

history: (History: Amended by Stats. 1976, Ch. 1243.)

article: 2. State Mining and Geology Board


citation: PRC § 673

text: The board shall also serve as a policy and appeals board for the purposes of Chapter 7.5 (commencing with Section 2621) of Division 2.

article: 2. State Mining and Geology Board


citation: PRC § 675

text: The board may provide for a statewide program of research regarding the technical phases of reclaiming mined lands which may be delegated to it by law and may accept funds from the United States or from any person to aid in carrying out the provisions of this section. The board may conduct such a program independently or by contract or in cooperation with any person, public or private organization, federal agency, or state agency, including any political subdivision of the state.

article: 2. State Mining and Geology Board


citation: PRC § 676

text: The board shall provide for a public information program on matters involving the state’s terrain, mineral resources, mining, the reclamation of mined lands, and the seismological and geological aspects of earthquakes and other geological hazards.

article: 2. State Mining and Geology Board


citation: PRC § 677

text: The board shall nominate, and the director shall appoint, the State Geologist, who shall either be registered in compliance with the Geologist and Geophysicist Act (Chapter 12.5 (commencing with Section 7800) of Division 3 of the Business and Professions Code) at least one year from the date of appointment, or the Board for Professional Engineers and Land Surveyors may, upon the review of academic and professional experience, grant registration. The State Geologist shall possess general knowledge of mineral resources, structural geology, seismology, engineering geology, and related disciplines in science and engineering, and the reclamation of mined lands and waters. The State Geologist shall advise the director regarding technical, scientific, and engineering issues, including the scientific quality of the division's products and activities.

history: (History: Amended by Stats. 2009, 4th Ex. Sess., Ch. 18, Sec. 68. (AB 20 4x) Effective October 23, 2009.)

article: 2. State Mining and Geology Board


citation: PRC § 678

text: The director may authorize the State Geologist to exercise his power to appoint employees of the division in accordance with the State Civil Service Act. The director may authorize the State Geologist, or any employee of the division, to exercise any power granted to, or perform any duty imposed upon, the director by the State Civil Service Act.

article: 2. State Mining and Geology Board


citation: PRC § 690

text: The Geologic Energy Management Division shall be in charge of a chief, known as the State Oil and Gas Supervisor.

history: (History: Amended by Stats. 2019, Ch. 771, Sec. 7. (AB 1057) Effective January 1, 2020.)

article: 3. Geologic Energy Management Division

path: 1. ADMINISTRATION > 2. Department of Conservation > 3. Geologic Energy Management Division


citation: PRC § 700

text:
As used in this chapter:

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

(b) “Department” means the Department of Forestry and Fire Protection.

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

history: (History: Amended by Stats. 1998, Ch. 972, Sec. 11. Effective January 1, 1999.)

article: 1. Organization and General Powers

path: 1. ADMINISTRATION > 2.5. Department of Forestry and Fire Protection > 1. Organization and General Powers


citation: PRC § 701

text:
(a) There is in the Resources Agency the Department of Forestry and Fire Protection, which is under the control of an executive officer known as the Director of Forestry and Fire Protection. The director is appointed by the Governor and holds office at the pleasure of the Governor. The appointment of the director is subject to confirmation by the Senate at the next regular or special session of the Legislature, and the refusal or failure of the Senate to confirm the appointment shall create a vacancy in the office. The director shall receive an annual salary as provided by Chapter 6 (commencing with Section 11550) of Part 1 of Division 3 of Title 2 of the Government Code.

(b) There shall be one Deputy Director of Forestry and Fire Protection appointed by the director who shall be exempt from civil service.

(c) There shall be one Deputy Director of Forestry and Fire Protection appointed by the director in accordance with the State Civil Service Act who shall be a registered professional forester.

(d) The deputy directors shall have duties as assigned, from time to time, by the director, and they shall be responsible to the director for the performance of those duties.

history: (History: Amended by Stats. 1988, Ch. 160, Sec. 148.)

chapter: 2.5. Department of Forestry and Fire Protection

article: 1. Organization and General Powers


text:
Notwithstanding Section 701, Section 12805 of the Government Code, or any other provision of law, on and after January 1, 1987, the Department of Forestry shall be the Department of Forestry and Fire Protection.

On and after that date, any reference to the Department of Forestry is deemed to be to the Department of Forestry and Fire Protection and any reference to the Director of Forestry is deemed to be to the Director of Forestry and Fire Protection.

No existing supplies, forms, insignias, signs, or logos shall be destroyed or changed as a result of this name change, and they shall continue to be used until exhausted or unserviceable.

history: (History: Added by Stats. 1986, Ch. 421, Sec. 1.)

article: 1. Organization and General Powers


text:
(a) Notwithstanding any other provision of law, on and after January 1, 2007, the Department of Forestry and Fire Protection may be referred to, where appropriate and as determined by the director, as CAL-FIRE.

(b) No existing supplies, forms, insignias, signs, or logos shall be destroyed or changed as a result of the authorization to use CAL-FIRE where appropriate to refer to the department, and they shall continue to be used until exhausted or unserviceable.

history: (History: Added by Stats. 2006, Ch. 265, Sec. 1. Effective January 1, 2007.)

article: 1. Organization and General Powers


citation: PRC § 702

text:
(a) Pursuant to Section 13100 of the Health and Safety Code, there is within the department the Office of the State Fire Marshal.

(b) There shall be a Chief Deputy Director of Forestry and Fire Protection who shall administer the Office of the State Fire Marshal and who shall be known as the State Fire Marshal. The State Fire Marshal shall be appointed pursuant to Section 13101 of the Health and Safety Code.

(c) The State Fire Marshal may, with the approval of the director, appoint assistant or deputy state fire marshals and employ office and field assistants and other employees pursuant to Sections 12551, 13102, and 13103 of the Health and Safety Code.

(d) There is within the Office of the State Fire Marshal the State Board of Fire Services, established pursuant to Section 13140 of the Health and Safety Code. The State Board of Fire Services shall advise the State Fire Marshal as provided by law.

(e) The Office of the State Fire Marshal, as a component of the department, shall have access to all resources of the department in carrying out its mission.

history: (History: Amended by Stats. 2021, Ch. 225, Sec. 11. (AB 9) Effective January 1, 2022.)

article: 1. Organization and General Powers


citation: PRC § 703

text:
The director shall appoint a cultural burning liaison who shall do all of the following:

(a) Advise the department on developing increased cultural burning activity.

(b) Engage with California Native American tribes, tribal organizations, and cultural fire practitioners, as defined in Section 4002.6, on opportunities to partner with the department.

(c) Make recommendations to the director on ways to reduce barriers to cultural burning, as defined in Section 4002.4.

(d) Serve on the State Fire Marshal’s State Board of Fire Services, as established by Article 2 (commencing with Section 13140) of Chapter 1 of Part 2 of Division 12 of the Health and Safety Code.

(e) Work with unit chiefs across the state to ensure prescribed fire and cultural burning objectives are understood and supported by the department.

history: (History: Added by Stats. 2021, Ch. 375, Sec. 6. (AB 642) Effective January 1, 2022.)

article: 1. Organization and General Powers


citation: PRC § 705

text: The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office, or officer whose duties, powers, and functions have been transferred to, and conferred upon, the department. Such expenditures by the department shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created.

history: (History: Added by Stats. 1976, Ch. 1300.)

article: 1. Organization and General Powers


citation: PRC § 706

text: The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land, and other property, real or personal, held for the benefit or use of all bodies, offices, and officers whose duties, powers, and functions have been transferred to, and conferred upon, the department.

article: 1. Organization and General Powers


citation: PRC § 707

text: Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or whenever a refund of all or a portion of such money is due any person, firm, or corporation because of the termination of an agreement or other lawful reason, payment of such refund shall be made upon the filing of a claim by the director with the State Controller. The State Controller shall draw his warrant for payment of the refund from any appropriation made for that purpose.

article: 1. Organization and General Powers


text:
(a) Any moneys recovered by the department in a civil action to recover state costs related to fire suppression, rescue, or emergency medical services pursuant to Section 13009 of the Health and Safety Code shall be deposited by the department into the Treasury as provided in Section 16305.2 of the Government Code.

(b) (1) Notwithstanding Section 10231.5 of the Government Code, the department shall, no later than January 10 of each year, submit a report to the Legislature regarding any moneys recovered by the department in a civil action, as described in subdivision (a), in the prior year. The report shall include, but not be limited to, all of the following information:

(A) Name, date, location, and total costs of the fire, and the amount of any federal moneys received.

(B) Settlement or judgment information including the date and total value of the settlement or judgment.

(C) The amount of the settlement or judgment abated against expenses whether state or federal, local remittance, or total General Fund recovery including the abatement of expenses or miscellaneous revenues.

(D) Information specifying whether the settlement, if applicable, was approved at the unit, region, or headquarters level.

(2) A report submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code.

(c) All moneys in the account in the Special Deposit Fund entitled “Civil Cost Recovery Investigation Support Account” shall be immediately transferred to the General Fund.

history: (History: Added by Stats. 2014, Ch. 250, Sec. 1. (SB 1075) Effective January 1, 2015.)

article: 1. Organization and General Powers


citation: PRC § 708

text:
For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department, with the approval of the Department of General Services, may issue publications, construct and maintain exhibits, and perform such acts and carry on such functions as in the opinion of the director will best tend to disseminate such information.

Such publications may be distributed free of charge to public libraries and to other state departments and state officers. The department may exchange copies with contemporary publications.

All money received by the department from the sale of publications shall be paid into the State Treasury to the credit of the General Fund.

article: 1. Organization and General Powers


citation: PRC § 709

text: The provisions of Chapter 2 (commencing with Section 11150) of Part 1 of Division 6 of Title 2 of the Government Code apply to the director. The director may appoint, in accordance with the State Civil Service Act, such deputies, officers, and other employees as may be necessary. The director shall assure an adequate number of employees who, by reason of their education or professional qualifications, are equipped to perform the duties required under the Z'berg-Nejedly Forest Practice Act of 1973, including, but not limited to, the review of timber harvesting plans and performing the necessary inspections of timber operations. The director may authorize any employee of the department, to exercise any power granted to, or perform any duty imposed upon, the director by the State Civil Service Act.

article: 1. Organization and General Powers


citation: PRC § 710

text: The director shall have no power to amend or repeal any order, regulation, ruling, or directive of the board.

article: 1. Organization and General Powers


citation: PRC § 711

text: The director, with approval of the Director of Finance, may accept on behalf of the department federal grants for the purposes for which the department is established. Such grants shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government.

article: 1. Organization and General Powers


citation: PRC § 712

text: Notwithstanding any other provision of this code or of law, and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, on and after January 1, 1980, the Director of Forestry and Fire Protection, the Department of Forestry and Fire Protection, or the State Board of Forestry and Fire Protection shall not adopt nor publish a building standard as defined in Section 18909 of the Health and Safety Code unless the provisions of Sections 18930, 18933, 18938, 18940, 18943, 18944, and 18945 of the Health and Safety Code are expressly excepted in the statute under which the authority to adopt rules, regulations, or orders is delegated. Any building standard adopted in violation of this section shall have no force or effect. Any building standard adopted before January 1, 1980, pursuant to this code and not expressly excepted by statute from the provisions of the State Building Standards Law shall remain in effect only until January 1, 1985, or until adopted, amended, or superseded by provisions published in the State Building Standards Code, whichever occurs sooner.

history: (History: Amended by Stats. 1998, Ch. 972, Sec. 12. Effective January 1, 1999.)

article: 1. Organization and General Powers


citation: PRC § 713

text: The department is responsible for the fire protection, fire prevention, maintenance, and enhancement of the state’s forest, range, and brushland resources, contract fire protection, associated emergency services, and assistance in civil disasters and other nonfire emergencies. Department programs, as made specific in Division 4 (commencing with Section 4001), are closely related and interdependent. The department shall coordinate programs of fire protection, fire prevention, pest control, and forest and range maintenance and enhancement.

history: (History: Added by Stats. 1987, Ch. 411, Sec. 3.)

article: 1. Organization and General Powers


citation: PRC § 714

text:
The department is responsible for all of the following:

(a) Providing fire protection, fire prevention, pest control, and forest and range protection and enhancement implements and apparatus as necessary.

(b) Maintaining an integrated staff to accomplish fire protection, fire prevention, pest control, and forest and range protection and enhancement activities as needed.

(c) Establishing and maintaining facilities for the performance of fire protection, fire prevention, pest control, and forest and range protection and enhancement activities.

(d) Enforcing forest and fire laws, the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511), Part 2, Division 4), and other laws specified in Division 4 (commencing with Section 4001).

history: (History: Added by Stats. 1987, Ch. 411, Sec. 4.)

article: 1. Organization and General Powers


citation: PRC § 715

text: The Department of Forestry and Fire Protection, in cooperation with the Office of Emergency Services, shall develop a program to certify active duty military pilots to engage in firefighting in the state.

history: (History: Amended by Stats. 2013, Ch. 352, Sec. 473. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)

article: 1. Organization and General Powers


citation: PRC § 716

text:
(a) Upon approval by the Department of Finance, the department may exercise the same authority granted to the Division of the State Architect and the Real Estate Services Division in the Department of General Services, to plan, design, construct, and administer contracts and professional services for public works projects under the jurisdiction of the department.

(b) Any right afforded to the department pursuant to subdivision (a) to exercise project planning, design, construction, and administration of contracts and professional services may be revoked, in whole or in part, by the Department of Finance at any time.

history: (History: Amended by Stats. 2023, Ch. 196, Sec. 21. (SB 143) Effective September 13, 2023.)

article: 1. Organization and General Powers


citation: PRC § 717

text:
(a) The Secretary of the Natural Resources Agency shall establish a working group on expanding wood product markets that can utilize woody biomass, especially biomass that is removed from high hazard zones, as determined by the department. These markets include, but are not limited to, animal bedding, biochar, cross-laminated timber, mulch, oriented strand board, pulp, post, shredding, and veneer products.

(b) At a minimum, the working group shall include members of the working group on wood market products established under the Proclamation of a State of Emergency on Tree Mortality declared by the Governor on October 30, 2015.

(c) By June 1, 2017, the working group shall submit recommendations to the Legislature on actions that may be taken to encourage the development of the wood product markets, including the identification of potential pilot projects.

history: (History: Added by Stats. 2016, Ch. 368, Sec. 9. (SB 859) Effective September 14, 2016.)

article: 1. Organization and General Powers


citation: PRC § 730

text:
(a) There is in the department a State Board of Forestry and Fire Protection consisting of nine members appointed by the Governor, subject to confirmation by the Senate.

(b) (1) On and after January 1, 1998, wherever any reference is made in any law to the State Board of Forestry in the department, the reference shall be deemed to be a reference to, and to mean, the State Board of Forestry and Fire Protection.

(2) No existing supplies, forms, signs, or logos shall be destroyed or changed to reflect the name change, and they shall continue to be used until exhausted or unserviceable.

history: (History: Amended by Stats. 1998, Ch. 972, Sec. 14. Effective January 1, 1999.)

path: 1. ADMINISTRATION > 2.5. Department of Forestry and Fire Protection > 2. State Board of Forestry and Fire Protection


citation: PRC § 731

text: All members of the board shall be appointed and shall be selected and approved for appointment on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience with, problems relating to watershed management (including hydrology and soil science), forest management practices, fish and wildlife, range management, forest economics, or land use planning. Five members shall be selected from the general public, three members shall be selected from the forest products industry, and one member shall be selected from the range livestock industry. At no time shall a majority of the members, nor any of the members selected from the general public, be persons with a direct personal financial interest, within the meaning of Section 1120 of the Government Code, in timberlands. All members of the board shall represent the general public interest.

article: 2. State Board of Forestry and Fire Protection


text: The Legislature declares that some individuals appointed as members of the State Board of Forestry and Fire Protection are required to be chosen from backgrounds in the forest products and range livestock industries in order to represent and further the interests of those industries and that this representation and furtherance serves the general public interest, as specified in Section 731. Accordingly, the Legislature finds that, for purposes of persons who hold that office, the forest products and the range livestock industries are tantamount to and constitute the public generally within the meaning of Section 87103 of the Government Code in those decisions affecting the forest products or range livestock industries, unless the results of their actions taken as board members have a material financial effect on them distinguishable from their effect on other members of their respective industries generally.

history: (History: Amended by Stats. 1998, Ch. 972, Sec. 15. Effective January 1, 1999.)


citation: PRC § 732

text: Each member of the board shall hold office for four years from the expiration of the term of his or her predecessor. Vacancies shall be immediately filled by the Governor.

history: (History: Amended by Stats. 1988, Ch. 257, Sec. 5.)


citation: PRC § 735

text: Each member of the board shall receive compensation for each day during which the member engaged in the performance of official duties, except that the total number of days for which a member, other than the chairperson, may be compensated shall not exceed 80 days in any one fiscal year. The chairperson of the board may receive compensation for not more than 100 days in any one fiscal year. In addition to the compensation, each member shall be reimbursed for necessary traveling and other expenses incurred in the performance of official duties.

history: (History: Amended by Stats. 1987, Ch. 796, Sec. 2. Effective September 18, 1987.)


citation: PRC § 736

text: The board shall maintain its headquarters in Sacramento and shall hold meetings at such times and at such places as shall be determined by it. Five members of the board shall constitute a quorum for the purpose of transacting any business of the board. A majority affirmative vote of the total authorized membership of the board shall be necessary to adopt, amend, or repeal rules and regulations of the board adopted pursuant to Article 4 (commencing with Section 4551) of Chapter 8 of Part 2 of Division 4. All meetings of the board shall be open to the public.


citation: PRC § 737

text:
(a) A member of the board shall not participate in a board action pursuant to Article 8 (commencing with Section 4601) or Article 9 (commencing with Section 4621) of Chapter 8 of Part 2 of Division 4 that involves the board member or a person with whom the board member is connected as a director, officer, or employee, or in which the board member has a direct personal financial interest within the meaning of Section 1120 of the Government Code.

(b) Upon request of a person or on the Attorney General’s own initiative, the Attorney General may file a complaint in the superior court for the county in which the board has its principal office alleging that a board member has knowingly violated this section and the facts upon which the allegation is based and asking that the member be removed from office. Further proceedings shall be in accordance as near as may be with rules governing civil actions. If after trial the court finds that the board member has knowingly violated this section it shall pronounce judgment that the board member be removed from office.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 39. (SB 272) Effective July 23, 2021.)


citation: PRC § 738

text: The Governor shall designate the chair of the board from among the members of the board. The person designated as the chair shall hold the office at the pleasure of the Governor. The board shall annually elect a vice chair from among its members.

history: (History: Amended by Stats. 2010, Ch. 213, Sec. 5. (AB 2768) Effective January 1, 2011.)


citation: PRC § 739

text: The board may appoint an executive officer who shall be exempt from civil service pursuant to subdivision (e) of Section 4 of Article VII of the California Constitution.

history: (History: Amended by Stats. 1986, Ch. 248, Sec. 204.)


citation: PRC § 740

text: The board shall represent the state’s interest in the acquisition and management of state forests as provided by law and in federal land matters pertaining to forestry, and the protection of the state’s interests in forest resources on private lands, and shall determine, establish, and maintain an adequate forest policy. General policies for guidance of the department shall be determined by the board.


citation: PRC § 741

text:
(a) The board shall appoint a Range Management Advisory Committee and shall consult with the advisory committee on rangeland resource issues under consideration by the board.

(b) The advisory committee shall consist of 11 members, who shall be selected as follows:

(1) Three members of the general public, who have an interest and background in the conservation of range resources or special knowledge in the protection of range and brushland soils and watersheds.

(2) One member nominated by the California Association of Resource Conservation Districts.

(3) Seven members nominated by organizations representing owners of range and brushlands.

(c) Members of the advisory committee shall serve without compensation.

(d) The Secretary of the Natural Resources Agency, the Secretary for Environmental Protection, and the Secretary of Food and Agriculture shall notify the advisory committee of, and are encouraged to consult with the advisory committee on, rangeland resource issues that are under consideration by the Natural Resources Agency, the California Environmental Protection Agency, and the Department of Food and Agriculture, respectively.

history: (History: Amended by Stats. 2015, Ch. 683, Sec. 36. (SB 798) Effective January 1, 2016.)


text:
(a) On or before July 1, 2025, the Range Management Advisory Committee, established pursuant to Section 741, in consultation with the Department of Fish and Wildlife, fire ecologists with expertise in the full range of California’s vegetation communities, and the University of California Cooperative Extension Livestock and Natural Resources Advisors and Specialists, shall develop guidance for local or regional prescribed grazing plans. The guidance shall include all of the following:

(1) Best practices for identifying and selecting priority areas for prescribed grazing.

(2) Best practices for developing project plans and metrics for applying, monitoring, and evaluating the effectiveness and impacts of prescribed grazing.

(3) Best practices for using prescribed grazing to increase the diversity and abundance of native species and decrease the abundance of invasive species, including through adaptive management, exclusion areas, wildlife-friendly fencing, and monitoring.

(4) Recommendations for securing sufficient land and resources, including forage, needed to pasture livestock when not engaged in a prescribed grazing project.

(5) Best practices for building community support and engaging with public and private landowners to improve the implementation and outcomes of a prescribed grazing plan.

(6) Methods to identify opportunities to house and maintain shared grazing infrastructure.

(7) Best practices to use prescribed grazing to support and enhance prescribed burns and other vegetation management projects.

(8) Best practices for use of prescribed grazing for reducing wildfire risk in and near fire-threatened communities, as that term is defined in paragraph (2) of subdivision (b) of Section 4124.5.

(9) Other recommendations to increase the pace and scale of prescribed grazing at the local or regional levels, where appropriate.

(b) The department shall consider and incorporate, at its discretion, the guidance developed pursuant to subdivision (a) in the grant program established pursuant to Section 4124.5.

(c) The Department of Conservation shall consider and incorporate, where appropriate, the guidance developed pursuant to subdivision (a) in the grant program established pursuant to Section 4208.1.

history: (History: Added by Stats. 2024, Ch. 772, Sec. 1. (SB 675) Effective January 1, 2025.)


citation: PRC § 743

text: State agencies shall submit to the board plans for, and the results of, all investigations that relate to, or have an effect upon, forest resource utilization for review and comment. The board may, at its expense, contract with any state or local agency to investigate and report on any technical factors involved in forest management; provided, that the burden, including costs, of such reports shall bear a reasonable relationship to the needs for the reports and the benefits to be obtained from such reports.

history: (History: Added by Stats. 1976, Ch. 1300.)


citation: PRC § 745

text: The board shall implement a public information program on matters involving forest management and shall maintain an information file on forest management research and other pertinent matters.


citation: PRC § 750

text: This article may be known and cited as the Professional Foresters Law.

article: 3. Professional Foresters

path: 1. ADMINISTRATION > 2.5. Department of Forestry and Fire Protection > 3. Professional Foresters