text: If a local, state, or national government agency or nonprofit land trust organization holding the easement is dissolved, the easement shall be transferred to an appropriate public or nonprofit land trust organization that is qualified to monitor and enforce the easement.


kind: section

code: PRC

text: The easement, or any of its terms, may only be amended with the consent of all of the necessary parties to the easement. The department shall determine that the amendment is consistent with this division.

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

chapter: 2. California Forest Legacy Program

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


text: The director shall not disburse any funds unless the applicant agrees to restrict the use of the land in perpetuity.

division: 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007


text: The board shall adopt rules and regulations for the implementation of this division, including the standards, criteria, and requirements necessary for acquiring conservation easements.


text: Rules or regulations adopted by the board pursuant to Section 12249 shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).


text: The department shall review, and approve or disapprove, applications from landowners for the acquisition of conservation easements on forest lands or woodlands.


text: Every application for the acquisition of a conservation easement shall provide sufficient information to enable the department to verify the parcel’s eligibility for the program and to understand the conservation objectives and the parcel’s environmental value or potential to protect forest and aquatic resources.

chapter: 3. Eligibility Criteria

path: 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 > 3. Eligibility Criteria


text: In reviewing applications pursuant to this division, the department shall determine whether the proposed conservation easement meets the eligibility and selection criteria set forth in this chapter and conforms with any rules or regulations adopted by the department pursuant to this chapter.


text:
Proposed conservation easements shall meet the eligibility criteria set forth in this section prior to review pursuant to the selection criteria set forth in Section 12260. To be eligible for participation, private forest land parcels proposed for protection under the program shall comply with all of the following:

(a) Be subject to potential conversion.

(b) Be owned by landowners who are willing and interested in selling or donating conservation easements.

(c) Be forested with at least 10-percent canopy cover by conifer or hardwood species, or be capable of being so forested under natural conditions.

(d) Possession of one or more environmental values of great concern to the public and the state:

(1) Important fish and wildlife habitat.

(2) Areas that can help maintain habitat connectivity across landscapes.

(3) Rare plants.

(4) Biodiversity.

(5) Riparian habitats.

(6) Oak woodlands.

(7) Ecological old growth forests.

(8) Other key forest types and seral stages that are poorly represented across California.

(9) Lands that directly affect water quality and other watershed values.

(e) Provision for continuity of one or more traditional forest uses, such as commodities production or habitat maintenance.

(f) Possession of environmental values that can be protected and managed effectively through conservation easements at reasonable costs.


text: The easement shall not be required as a condition of any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, mitigating the significant effects on the environment of a project pursuant to an approved environmental impact report or mitigated negative declaration pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or pursuant to an approved environmental impact statement or a finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C.A. Sec. 4321 et seq.) or the federal Endangered Species Act of 1973 (16 U.S.C.A. Sec. 1531 et seq.).


text:
If the department determines that the proposed conservation easement meets the eligibility criteria set forth in Section 12251, the application shall be reviewed based upon the extent to which it satisfies all of the following selection criteria:

(a) The nature of the environmental values proposed for protection, and whether they can be monitored efficiently and effectively.

(b) Whether the parcels are likely to become isolated from other areas maintained for key forest resources by development on adjacent parcels.

(c) Whether the landowner’s management goal for the landowner’s parcel is compatible with the resource protections the landowner is proposing.

(d) Whether the landowner has developed, or commits to developing by the time the easement is finalized, a management plan equivalent to, or better than, a forest stewardship plan that governs management on the parcel.

(e) Whether a nonprofit land trust organization, public agency, or other suitable organization has expressed an interest in working with the department and the landowner to establish, hold, and monitor the easement.

(f) Whether other sources of funding for easement acquisition, closing costs, monitoring, and other costs are available.

(g) Other relevant considerations established by the director.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 97. (SB 272) Effective July 23, 2021.)

chapter: 4. Selection Criteria and Process

path: 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 > 4. Selection Criteria and Process


text: An applicant shall select and retain an independent real estate appraiser to determine the value of the conservation easement, which shall be calculated by determining the difference between the fair market value and the restricted value of the property.


text: The department shall act on an application for the acquisition of a conservation easement within 180 days of its receipt, and shall notify the applicant in writing of approval or disapproval of the application within 10 days of the decision of the department. The written notice regarding a disapproval decision shall state the reason for the disapproval of the application.


text:
The department may disapprove the application for the acquisition of a conservation easement in any of the following circumstances:

(a) The application does not satisfy the eligibility criteria set forth in Section 12251 or selection criteria set forth in Section 12260.

(b) Clear title to the conservation easement cannot be conveyed.

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

(d) Other acquisitions have a higher priority.

(e) Other relevant considerations established by the director.


text: The department, local government entity, or nonprofit land trust organization acquiring an easement pursuant to this division shall monitor that easement in order to assess the condition of the resources being protected and to ensure that the terms of the easement are being followed. Entities acquiring easements may also enter into a cooperative agreement with another qualified entity to monitor the easement.

chapter: 5. Easement Monitoring and Management

path: 10.5. CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 > 5. Easement Monitoring and Management


text: The department shall ensure that any entity acquiring a conservation easement acquired pursuant to this division has adequate funding for, or otherwise adequately provides for, easement monitoring pursuant to this division, and is able to enforce the easement if its provisions are not satisfied.


text: The Legislature hereby finds and declares that there exists throughout the State large unincorporated areas which are particularly suited to and used for recreation resort purposes, and which are held and used by residents of this State but which are inhabited only seasonally. The Legislature further finds and declares that these resort areas are not suited to full urban development without destroying the very nature of the areas; but the seasonal residents of these areas are, nevertheless, in need of extended governmental services; and that the extension of governmental services and the construction and financing of public improvements in these resort areas is complicated by the facts that: (a) many of the services are needed only seasonally, and (b) most of the landowners whose property is benefited by the public improvements, because they are technically nonresidents, are without voice in the direction or method of financing of the necessary services and improvements. It is the intent of the Legislature in enacting this division to provide an alternative method for the furnishing of extended governmental services, including the construction and financing of public improvements, within recreation resort areas adequate to meet the needs of such areas; and to provide for the levy of taxes within such areas in an amount sufficient to pay for extended services provided, additional extended services to be provided, and for public improvements installed or constructed.

history: (History: Added by Stats. 1961, Ch. 2069.)

division: 11. RESORT IMPROVEMENT DISTRICTS

chapter: 1. General Provisions

path: 11. RESORT IMPROVEMENT DISTRICTS > 1. General Provisions


text: This division shall be known and may be cited as the “Resort Improvement District Law.”


text: A resort improvement district consisting of unincorporated territory in one county may be established pursuant to this division, provided that 80 percent or more of the assessed valuation of the land in the district as shown on the last equalized county assessment roll is in nonresident ownership.


text: No additional districts shall be created or organized under this division after September 17, 1965, except in the Fallen Leaf Lake watershed within the Lake Tahoe watershed. The provisions of Section 13075 shall not apply in the Fallen Leaf Lake watershed within the Lake Tahoe watershed.

history: (History: Amended by Stats. 1976, Ch. 1281.)


text: The terms defined in this chapter have the meaning set forth unless the context requires a different meaning.

chapter: 2. Definitions

path: 11. RESORT IMPROVEMENT DISTRICTS > 2. Definitions


text: “District” means a district created pursuant to this division.


text: “District board” means the board of directors of the district.


text: “County” means the county in which the district in located.


text: “Board of supervisors” and “board” means the board of supervisors of the county.


text: “Charges” includes fees, tolls, rates, and rentals.


text: “Land” means land in the district and does not include improvements or personal or utility property.


text: “Legal representative” means an officer or other person or persons appointed to serve as such by the board of directors of a corporation owner.


text: “Owner” means the owner of land as shown on the last equalized county assessment roll.


text: “Voter” means a voter, as defined in Section 359 of the Elections Code, who resides within the boundaries of the district.

history: (History: Amended by Stats. 1997, Ch. 140, Sec. 1. Effective January 1, 1998.)


text: “Nonresident landowner” means a person or persons, association, corporation, or partnership owning land within the district but having his actual residence elsewhere.


text: The board of supervisors is the governing body of the district, and, unless otherwise provided in this division, the provisions of the County Service Area Law (Chapter 2.5 (commencing with Section 25210) of Part 2 of Division 2 of Title 3 of the Government Code) shall apply to the conduct of the business of the district.

history: (History: Amended by Stats. 2008, Ch. 158, Sec. 14. Effective January 1, 2009.)

chapter: 3. General Administrative Provisions

path: 11. RESORT IMPROVEMENT DISTRICTS > 3. General Administrative Provisions


text: If deemed advisable by the board of supervisors a board of directors for the district may be formed.


text: The board of directors of any district formed pursuant to this division shall have such powers as the board of supervisors may from time to time give to them. The board of supervisors may grant to the board of directors of the district any powers herein given to the board of supervisors.


text: The district board shall consist either of five members, four of which shall be elected from the district and the fifth which shall be the supervisor who represents the area in which the district or major portion thereof is located; or, if the district so elects, by unanimous vote of the directors, the district board shall consist of five members who shall be elected from the district.

history: (History: Amended by Stats. 1973, Ch. 531.)


text:
If a district elects pursuant to Section 13034 to have the district board consist of five members elected from the district, the district board may call a special election for the purpose of electing a district board member to succeed the supervisorial member on the district board. A special election called pursuant to this section shall be called and conducted in accordance with the provisions of Chapter 4 (commencing with Section 13050) of this division. A person elected to a district board at a special election pursuant to this section shall hold office until the next succeeding general district election and until the election and qualification of his successor. Thereafter, the term of office of such elected board member shall be four years.

If a special election is not called, the successor to the supervisorial member shall be elected at the next general district election.

Any supervisor serving as a district board member when an election is held pursuant to this section shall remain in office until the election and qualification of his successor.

Any district electing to call a special election pursuant to the provisions of this section shall reimburse any local government for any costs incurred by such local government by reason of the provisions of this section.

history: (History: Added by Stats. 1973, Ch. 531.)


text: Exclusive of the supervisorial member, the directors shall be voters in the district.

history: (History: Amended by Stats. 1997, Ch. 140, Sec. 2. Effective January 1, 1998.)


text: The number of directors elected by voters in the district at the first general district election held after January 1, 1998, shall be equal to the number of directors whose terms have expired by the date of that election. Any director whose term has not expired by the date of that election shall continue to serve until the person’s term of office expires and the person’s successor has been elected by the voters in the district. At the first general district election held after January 1, 1998, and at all subsequent general district elections, the form of the ballot and the conduct of the election shall comply with the requirements of the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) governing resident voting elections.

history: (History: Added by Stats. 1997, Ch. 140, Sec. 3. Effective January 1, 1998.)


text: All vacancies in the office of director shall be filled by appointment by the board of supervisors.


text: An appointment to fill a vacancy in the office of director shall be for the unexpired term of the office in which the vacancy exists, and until the election or appointment of his successor.


text: Once each year, the district board shall elect one of its members to serve as president and shall appoint a secretary, who may be a member of the board.

history: (History: Amended by Stats. 1968, Ch. 302.)


text: All sessions of the district board shall be public.


text: The district board by resolution, shall provide for the time and place of its meetings, the manner of calling special meetings and shall establish rules for its proceedings.


text:
(a) Any compensation provided pursuant to this section shall comply with Articles 2.3 (commencing with Section 53232) and 2.4 (commencing with Section 53234) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.

(b) The district board may authorize each director to receive compensation not exceeding twenty-five dollars ($25) for each meeting of the board attended by the director within the State of California, not exceeding two meetings in any calendar month, plus reimbursement for actual and necessary expenses incurred in the performance of these duties.

(c) The district board may authorize a director to receive for performing duties for the district other than attending board meetings:

(1) Not to exceed twenty-five dollars ($25) for each day, but payment is limited to five days in any calendar month as to each director other than the president.

(2) Actual and necessary expenses incurred in the performance of these duties.

(d) The secretary shall receive compensation set by the board, which compensation shall be in lieu of any other compensation to which the secretary may be entitled for attendance at meetings pursuant to this section.

history: (History: Amended by Stats. 2009, Ch. 332, Sec. 79. (SB 113) Effective January 1, 2010.)


text: After the authorization of a district board by the board of supervisors, a general district election shall be held on the first Tuesday after the first Monday in November in odd-numbered years, commencing with the first odd-numbered year following the formation of the district board.

history: (History: Amended by Stats. 1966, 1st Ex. Sess., Ch. 16.)

chapter: 4. Elections

path: 11. RESORT IMPROVEMENT DISTRICTS > 4. Elections


text: Except as otherwise provided in this division, districts governed by this division are subject to the provisions of the Uniform District Election Law.

history: (History: Added by Stats. 1966, 1st Ex. Sess., Ch. 16.)


text: A special election may be called by the board to be held at any time.


text: The hours during which the polls shall be opened at any special district election shall be as established by the board.


text: Notices of elections shall be given as nearly as practicable in accordance with the general laws regarding notices of county election.


text: Each voter, as defined in Section 13019, shall have one vote.

history: (History: Amended by Stats. 1965, Ch. 612.)


text: In the first district board election the two candidates receiving the highest number of votes shall be elected for four years, the candidates which are elected receiving the third and fourth highest number of votes shall be elected for two years. After the first district board election the term of office of all district board members, except for the supervisorial member, shall be four years, or until the election or appointment and qualification of his successor.


text: A majority of the votes cast shall be required to approve a proposition.


text:
The district may acquire, construct, maintain, and operate property, works, and facilities for any one or more of the following purposes:

(a) To supply the inhabitants of the district with water for domestic use, irrigation, sanitation, industrial use, fire protection, and recreation.

(b) The collection, treatment, or disposal of sewage, waste, and storm water of the district and its inhabitants.

(c) To exercise any of the powers, functions, and duties which are vested in, or imposed upon, a fire protection district pursuant to the Fire Protection District Law of 1987, Part 3 (commencing with Section 13800) of Division 12 of the Health and Safety Code.

If the district includes any part of any local agency which provides fire protection service to any territory in the district, the district shall have no authority regarding the prevention or suppression of fires in that territory unless the district has obtained the consent of the local agency.

(d) Comprehensive planning for the physical growth of the area within the district.

(e) The collection or disposal of garbage or refuse matter.

(f) Public recreation by means of parks, including, but not limited to, acquatic parks and recreational harbors, playgrounds, golf courses, swimming pools, or recreation buildings for all-year recreation, including, but not limited to, facilities for public and private meetings, and other public squares and places.

(g) Street lighting.

(h) Mosquito abatement.

(i) The equipment and maintenance of a police department or other police protection to protect and safeguard life and property.

(j) The opening, widening, extending, straightening, and surfacing, in whole or part, of any street in the district, subject to the consent of the Department of Transportation, with respect to state highways, and local authorities, as defined in Section 385 of the Vehicle Code, with respect to highways under their jurisdiction.

(k) The construction and improvement of bridges, culverts, curbs, gutters, drains, and works incidental to the purposes specified in subdivision (j), subject to the consent of the Department of Transportation, with respect to state highways, and local authorities, as defined in Section 385 of the Vehicle Code, with respect to highways under their jurisdiction.

(l) The construction and maintenance of parking facilities and other transportation facilities.

history: (History: Amended by Stats. 1989, Ch. 45, Sec. 2. Effective June 15, 1989.)

chapter: 5. Powers

path: 11. RESORT IMPROVEMENT DISTRICTS > 5. Powers


text: As used in this chapter, “acquire” includes, but is not restricted to, taking by condemnation, purchase, or lease and receiving by donation or dedication.

history: (History: Added by Stats. 1975, Ch. 582.)


text: The district may hold, use, enjoy, lease or dispose of any of its property.

history: (History: Added by Stats. 1968, Ch. 302.)


text: Whenever the board determines by resolution that it is feasible, economically sound, and in the public interest, for the district to exercise its powers for any of the purposes specified in Section 13070, and not specified in the resolution establishing the district, the board may call a special district election and submit to the voters of the district, or submit to them at the next general district election, the question of whether the district should adopt such additional purpose or purposes. If a majority of the votes cast at the election upon such proposition shall be in favor of the adoption of such additional purpose or purposes, then the powers of the district may be exercised therefor.


text: Bonded indebtedness may be incurred within the district in the manner herein provided.


text: The board may compel all residents and property owners in the district to connect their houses, habitations and structures requiring sewage or drainage disposal service or a joint water system with the sewer and storm drains or water facilities of the district, and to use district garbage and refuse removal service and facilities. The board may charge reasonable and necessary fees for these services.

history: (History: Amended by Stats. 1989, Ch. 789, Sec. 22.)


text:
(a) No district shall engage in any activity or provide any service not already engaged in or provided, or budgeted for, as of July 1, 1970. Whenever any activity or service of a district is terminated, it shall not be reactivated.

(b) Notwithstanding the provisions of subdivision (a), any obligations of a district which are outstanding as of the effective date of this section shall be considered exceptions to subdivision (a) and may be fully performed, and the provisions of this section shall not be construed in any manner so as to impair the contractual rights of any person.

(c) On or before January 1, 1972 the district board shall certify in writing to the Secretary of State any and all activities and services being engaged in or provided, or budgeted for, as of July 1, 1970, and all outstanding obligations of the district as of the effective date of this section, and shall transmit a copy of such certification to the State Controller, which shall be presumptive evidence of the activities authorized to be performed by the district.

history: (History: Added by Stats. 1971, Ch. 301.)


text:
(a) Notwithstanding any other provision of this chapter, and in addition to any other powers conferred thereby, Resort Improvement District Number 1, in the County of Humboldt, may produce, purchase, and sell electrical power within the boundaries of the district.

(b) Except as provided in subdivision (c), any judicial action or proceeding against the district to attack, review, set aside, void, or annul an ordinance, resolution, or motion fixing or changing a rate or charge for an electric commodity or an electric service furnished by the district and adopted on or after July 1, 2000, shall be commenced within 120 days of the effective date of that ordinance, resolution, or motion.

(c) The statute of limitations set forth in subdivision (b) does not apply to any judicial action or proceeding filed pursuant to Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2 of Title 5 of the Government Code to protest or challenge a rate or charge or to seek the refund of a capital facilities fee if the notice and disclosure requirements of Section 54999.35 of the Government Code have not been followed.

history: (History: Amended by Stats. 2000, Ch. 146, Sec. 4. Effective July 21, 2000.)


text:
Whenever the board deems it necessary for the district to incur a bonded indebtedness, it shall by resolution set forth all of the following:

(a) A declaration of the necessity for the indebtedness.

(b) The purpose for which the proposed debt is to be incurred.

(c) The amount of the proposed debt.

(d) The time and place for a hearing by the board on the questions:

(1) Will the whole or a portion of the district be benefited by the accomplishment of the purpose?

(2) If only a portion of the district will be benefited, what portion will be so benefited?

history: (History: Added by Stats. 1961, Ch. 2069.)

chapter: 6. Bonds

path: 11. RESORT IMPROVEMENT DISTRICTS > 6. Bonds


text: Notice of the hearing shall be given by publication of a copy of the resolution pursuant to Section 6066 of the Government Code in a newspaper of general circulation circulated within the area.


text:
The copy of the resolution published shall be accompanied by a notice subscribed by the clerk that:

(a) The hearing referred to in the resolution will be had at the time and place specified in the resolution.

(b) At that time and place any person interested, including all persons owning property in the district, will be heard upon the question stated in the resolution.


text: At the time and place fixed for the hearing on the resolution declaring the necessity for incurring the bonded indebtedness or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing.


text: At the hearing any person interested, including persons owning property within the district, may appear and present any matters material to the questions set forth in the resolution declaring the necessity for incurring the bonded indebtedness.


text: At the conclusion of the hearing, the board shall by resolution determine whether the whole or part of the district will be benefited by the accomplishment of the purpose stated in the resolution.


text: If the board determines that the whole of the district will not be benefited, the resolution shall also describe the portion of the district which will be benefited, in a manner sufficient for identification, which portion of the district described in the resolution shall thereupon constitute and be known as “Improvement Area No. ____” of the district.


text: After the formation of an improvement area within the district pursuant to this chapter, all proceedings for the purpose of a bond election within the improvement area and for the purpose of taxation for the payment of the bonds and interest shall be limited, and apply only to the improvement area.


text: The determination of the board that the whole of the district will be benefited by the bond issue or only that a described portion of the district will be benefited by the bond issue is final and conclusive.


text:
After the board has made its determination pursuant to Section 13105, if it deems it necessary to incur the bonded indebtedness, it shall by resolution state:

(a) That it deems it necessary to incur the bonded indebtedness.

(b) The purpose for which the bonded indebtedness will be incurred.

(c) Either of the following in accordance with its previous determination:

(1) That the whole of the district will be benefited by incurring the bonded indebtedness.

(2) That a portion of the district will be benefited by incurring the bonded indebtedness, which portion shall be described in the resolution of the board made pursuant to Section 13105.

(d) The amount of debt to be incurred.

(e) The maximum term the bonds to be issued shall run before maturity, which term shall not exceed 40 years.

(f) The annual rate of interest to be paid, which rate shall not exceed 7 percent, payable annually or semiannually, or in part annually and in part semiannually.

(g) The proposition to be submitted to the voters.

(h) The date of the special district election (which may be consolidated with a general election) at which such proposition shall be submitted to the voters; the hours between which the polls shall be open; the boundaries of voting precincts within the area or portion thereof benefited by incurring the bonded indebtedness; the location of polling places; and the names of the officers selected to conduct such election in each precinct, who shall consist of one judge, one inspector and two clerks.


text: The resolution provided for in Section 13109 shall constitute the notice of such special bond election and such resolution shall be published pursuant to Section 6066 of the Government Code in a newspaper of general circulation circulating within the area.


text:
The provisions of the Elections Code relating to the qualifications of electors, the manner of voting, the duties of election officers, the canvassing of returns, and all other particulars in respect to the management of general elections so far as they may be applicable shall govern all district elections except:

(a) To the extent that the provisions of the Elections Code pertaining to the conduct of local elections are inconsistent with the provisions of that code pertaining to general elections, the provisions pertaining to local elections shall control.

(b) Inconsistent provisions of this division shall control over any provisions of the Elections Code.

history: (History: Amended by Stats. 1981, Ch. 714, Sec. 368.)


text: Every voter within the area designated in the resolution adopted pursuant to Section 13109, but no others, may vote on the proposition to authorize the bonds. If the area does not include the entire district, a separate ballot shall be prepared for the vote upon such proposition and only the voters entitled thereto shall be given such ballots.


text: A two-thirds vote shall be required for the issuance of general obligation bonds.


text:
If two-thirds of the vote cast at the election are in favor of incurring the indebtedness, the board may by resolution, at the time or times it deems proper, provide for the following:

(a) The form of the bonds.

(b) The execution of the bonds.

(c) The issuance of any part of the bonds.


text: The bonds shall be signed by the chair of the board and countersigned by the clerk of the board or the clerk’s deputy and the coupons shall be signed by the clerk of the board or the clerk’s deputy. All signatures, except that of the clerk, on the bonds may be printed, lithographed, or engraved. If an officer whose signature appears on the bonds or coupons ceases to be an officer before the delivery of the bonds, the signature is as effective as if the officer had remained in office. All bonds shall be payable at the office of the county treasurer, who is the depositary of the district.

history: (History: Amended by Stats. 2010, Ch. 213, Sec. 16. (AB 2768) Effective January 1, 2011.)


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

history: (History: Amended by Stats. 2006, Ch. 68, Sec. 5. Effective January 1, 2007.)


text: The district may sell the bonds so issued at the times or in the manner the board deems to be to the public interest, provided, that all bonds shall be sold on sealed proposals to the highest bidder. Public notice shall be given in the manner determined by the board. If no bids are received or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any, and either readvertise or sell the bonds at private sale.


text:
Any bonds issued by any area organized under this division are hereby given the same force, value, and use as bonds issued by any municipality and shall be exempt from all taxation within the state.

All bonds issued by any area payable from taxes are legal investments for all trust funds, for the trust funds of all insurance companies, the state school funds, and any funds that may be invested in bonds of cities, counties, cities and counties, school districts, or municipalities in the state.

history: (History: Amended by Stats. 1991, Ch. 1226, Sec. 22.5.)


text:
The board may, by resolution, do the following:

(a) Submit to voters a measure to issue new bonds to refund any or all of the district bonds outstanding.

(b) Submit to the voters of any improvement area a measure to issue new bonds to refund any improvement area bonds outstanding.


text: The measure may be voted on at any district election or an election may be called for the purpose.


text:
The procedure upon the election shall be in accordance, so far as applicable, with the procedure upon an original issue of bonds, except that:

(a) No hearing need be held upon the question whether the bond issue will benefit the entire district or only a portion of it.

(b) A vote of two-thirds of the voters voting upon the measure is sufficient to authorize the issue of refunding bonds.


text: The refunding bonds may, if the holders of the bonds of an original issue and the board so agree, be exchanged for original bonds.


text: The face value of refunding bonds exchanged for original bonds shall not exceed the face value of the original bonds.


text: The board may raise money by rates or taxes to pay principal and interest of the refunding bonds in the same manner as prescribed for payment of bonds of an original issue.


text: Any bonds issued by the district may be made callable by resolution of the board adopted at or prior to the time of issuing the bonds.


text: When bonds are made callable a statement to that effect shall be set forth on the face of the bond.


text: Callable bonds may be redeemed on any interest payment date prior to their fixed maturity in such amounts and manner and at such prices as the board may prescribe in the resolution provided for in Section 13125.


text: Notice designating the bonds called for redemption shall be published in a newspaper determined by the board to be the one most likely to reach the holders of the bonds. The first publication of the redemption notice shall not be less than 30 nor more than 90 days prior to the date fixed for redemption.


text:
If on the date fixed for redemption the district has provided funds available for payment of the principal and interest of the bonds called, interest on them ceases.

None of the provisions of this chapter shall apply to any proceedings for the authorization, issue or sale of revenue bonds of a county service area.


text: Revenue bonds may be issued by the district for the acquisition and construction, or acquisition or construction of any improvements or property or facilities contained within the district.

chapter: 7. Revenue Bonds

path: 11. RESORT IMPROVEMENT DISTRICTS > 7. Revenue Bonds


text: Proceedings for the authorization, issuance, sale, security, and payment of revenue bonds shall be had, the board shall have the powers and duties, and the bondholders shall have the rights and remedies, all in substantial accordance with and with like legal effect as provided in the Revenue Bond Law of 1941, Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code; provided, however, that qualified voters at the election therein provided shall be voters as defined in this division, and the method of voting shall be as herein provided. As used therein the word “resolution” shall mean ordinance, the words “local agency” shall mean district, and the words “legislative body” shall mean board.


text: The Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000)) of the Streets and Highways Code, the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) of the Streets and Highways Code, and the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500)) of the Streets and Highways Code, as those acts read on January 1, 1994, or as thereafter amended, are applicable to the district.

history: (History: Amended by Stats. 1993, Ch. 194, Sec. 1. Effective January 1, 1994.)

chapter: 8. Assessment Bonds

path: 11. RESORT IMPROVEMENT DISTRICTS > 8. Assessment Bonds


text: The lien for taxes for the first fiscal year after the district is formed shall attach on the first Monday in March or on the date the district is created, whichever is later.

chapter: 9. Taxation

path: 11. RESORT IMPROVEMENT DISTRICTS > 9. Taxation


text: The board of supervisors shall at the time and in the manner of levying other county taxes, levy and cause to be collected a tax upon the taxable real and personal property in the district, based upon the last equalized assessment roll of the county, sufficient to pay (a) the interest on bonds for that year, and the portion of the principal that is to become due before the time for making the next general tax levy, and (b) the amount necessary to maintain, operate, extend, or repair any work or improvements within the district, and to defray all other expenses incidental to the exercise of any of the district powers or to pay any existing obligations of the district. The aggregate taxes levied for any one fiscal year, other than those levied to pay the principal and interest on the bonds, shall not exceed one dollar ($1) on each one hundred dollars ($100) of the assessed valuation of taxable real and personal property in the district.


text: A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. The special taxes shall be applied uniformly to all taxpayers or all real property within the district, except that unimproved property may be taxed at a lower rate than improved property.

history: (History: Added by Stats. 1991, Ch. 70, Sec. 8.)


text: The tax shall be collected at the same time and in the same manner as the general tax levy for county purposes, and when collected, shall be paid into the county treasury to the credit of the proper district fund, as provided in Chapter 10 (commencing with Section 13170). The board shall control and order its expenditure.


text: The principal and interest on district bonds shall be paid by the county treasurer, if payable at his office, in the manner now or hereafter provided by law for the payment of principal and interest on the bonds of the county, unless said bonds shall be made payable elsewhere.


text: In a fund called the “Resort Improvement District General Fund,” the treasurer shall place and keep the money levied by the board for that fund.

chapter: 10. Funds

path: 11. RESORT IMPROVEMENT DISTRICTS > 10. Funds


text: The proceeds of the sale of revenue bonds or general obligation bonds or proceeds of special assessments levied by the board shall be deposited with the treasurer and shall be placed in a fund to be called the “Resort Improvement District Construction Fund No. ____” (inserting number).


text: The money in any construction fund shall be used for the purpose indicated in the resolution calling the election upon the question of the issuance of bonds, or for the purpose described in the resolution of intention in the assessment proceedings, or for repayment of money borrowed for the purpose of financing the improvement for which bonds were subsequently issued or the assessment levied.


text: The bond moneys may also be used for interest and working capital for the period of construction and for twelve (12) months thereafter, and also to pay the costs of their authorization and issuance including fees for legal, engineering, fiscal, economic or other service.


text: Any money in the construction fund determined by resolution of the board to be in excess of the amounts required for completion of the improvement authorized may, by the resolution so determining, be transferred to any other fund of the district and be used for any lawful purpose.


text: In a fund called the “Resort Improvement District Bond Fund ____” (inserting series number), the treasurer shall keep money levied or collected for that fund.


text: No part of the money belonging in the bond fund may be transferred to any other fund or be used for any purpose other than the payment of principal and interest of the bonds of the district, or for repayment of money borrowed for the purpose of paying the principal and interest of the bonds of the district, until said bonds are fully paid, at which time it may be transferred to any other fund.


text: The provisions of this chapter are alternative or supplemental to those providing for the use of the county treasury.

path: 11. RESORT IMPROVEMENT DISTRICTS > 11. Alternative Depositary of District Money


text: The board may by resolution designate a bank as depositary of any or all of its funds. No question of interest shall affect such appointment. If the depositary is not designated for all of its funds, it shall designate what funds are to be deposited with the depositary. The county treasurer shall be the depositary for all funds not so designated.

chapter: 11. Alternative Depositary of District Money


text: The charges of any depositary selected shall be a proper expense of the district.


text: If the board appoints a depositary, it shall appoint a person who shall be known as finance officer, who shall serve at its pleasure. It shall fix the amount of his compensation. It shall fix the amount of and approve his bond. He may, but need not be a member of the board, or his office may be consolidated with that of the secretary.


text: Bond principal and interest and salaries shall be paid when due. All other claims and demands shall be approved in writing or in open meeting by a majority of the members of the board.


text: Warrants shall be drawn by the finance officer and signed by the president and secretary, or one of them and one member of the board.


text: The finance officer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the district.


text: The finance officer shall make annual or earlier written reports to the board, as it shall determine, as to the receipts and disbursements and balances in the several accounts under his control. The report shall be signed by him and filed with the secretary.


text:
The district may, pursuant to the notice, protest, and hearing procedures in Section 53753 of the Government Code, fix by ordinance or resolution, on or before the first day of July in each calendar year, water or sewer standby or immediate availability charges. Each such charge shall not individually exceed twelve dollars ($12) per year for each acre of land, or eight dollars ($8) per year for each parcel of land of less than an acre within the district to which water or sewerage could be made available for any purpose by the district, whether the water or sewerage is actually used or not, unless the standby charge is imposed pursuant to the Uniform Standby Charge Procedures Act (Chapter 12.4 (commencing with Section 54984) of Part 1 of Division 2 of Title 5 of the Government Code). The district board may establish schedules varying the charges depending upon factors such as the uses to which the land is put, the cost of supplying such services to the land, and the amount of services used on the land. The district board may restrict the imposition of such charges to lands lying within one or more improvement districts within the district.

The limitations contained in this section shall not apply to any district which levied a standby charge pursuant to the County Service Area Law (Chapter 2.5 (commencing with Section 25210) of Part 2 of Division 2 of Title 3 of the Government Code) prior to January 1, 1977. Any such district shall be subject to Section 25215.6 of the Government Code.

history: (History: Amended by Stats. 2008, Ch. 158, Sec. 15. Effective January 1, 2009.)

chapter: 12. Standby Charges

path: 11. RESORT IMPROVEMENT DISTRICTS > 12. Standby Charges


text: If the procedures set forth in this section as it read at the time a standby or immediate availability charge was established were followed, the district board may, by ordinance or resolution, continue the charge pursuant to Section 13215 in successive years at the same rate. If new, increased, or extended assessments are proposed, the district board shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code.

history: (History: Amended by Stats. 2007, Ch. 27, Sec. 13. Effective January 1, 2008.)


text:
If any water or sewer standby or immediate availability charge remains unpaid on the first day of the month in which the board of supervisors of the county in which the district is located is required by law to levy the amount of taxes required for county purposes, a 6-percent penalty thereon shall accrue. The amount of the unpaid charges plus the penalty shall constitute a special assessment upon the land with respect to which the services, for which charges are unpaid, were available or in existence on a standby basis, and shall constitute a lien on that land. The assessment shall be collected at the same time and in the same manner as ad valorem taxes are collected and shall be subject to the same penalties and the same procedures upon sale in the case of delinquency as provided for such taxes. All laws applicable to the levy, collection, and enforcement of ad volorem taxes shall be applicable to the assessment; except that if any real property to which such lien would attach has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for the value has been created and attaches thereon, prior to the date on which the first installment of such taxes would become delinquent, then the lien which would otherwise be imposed by this section shall not attach to such real property and the unpaid charges, and any penalty thereon, relating to such property shall be transferred to the unsecured roll for collection.

At least 15 days before the first day of the month in which the board of supervisors is required by law to levy the amount of taxes required for county purposes, the district board shall furnish in writing both to the board of supervisors and to the county auditor, a description of each parcel of land within the district upon which a standby or immediate availability charge or charges remains unpaid, together with a statement setting forth both the amount of the unpaid charge or charges and the amount of the penalty on each parcel of land.

history: (History: Added by Stats. 1976, Ch. 1281.)


text: Nothing in this division shall be construed to authorize or permit a district to operate any facilities for furnishing any water services in any portion of the district which is included within a county water district.

path: 11. RESORT IMPROVEMENT DISTRICTS > 13. Portion of District Included in a County Water District


text: The county water district may elect to install the facilities for furnishing water services within any area that is included within both districts. In such event, the district shall provide the funds that are required therefor that the county water district would not otherwise provide.

chapter: 13. Portion of District Included in a County Water District


text: The county water district may elect to have the facilities installed by the district for providing water services within any area that is included within both districts. In such event, the facilities shall be installed by the district in conformity with plans and specifications previously approved by the county water district, and under such inspection and approval as it shall direct.


text: The Grizzly Lake Resort Improvement District, the Napa-Berryessa Resort Improvement District, and the Lake Berryessa Resort Improvement District may contract with any state agency to finance any district improvement authorized by this division that is related to the provision of water for human consumption. The terms of the contract shall be consistent with this division. Notwithstanding any other provision in this division, the term of the contract may extend up to 30 years.

history: (History: Added by Stats. 2001, Ch. 606, Sec. 5. Effective October 9, 2001.)


text: Nothing in this division shall be construed to repeal or limit any power possessed by a county water district within which there is any part of this district.


text:
(a) The Legislature hereby finds and declares that every California youth should be encouraged to reach their full potential, but that many youths require guidance and support to reach their goals and make positive changes in their lives.

(b) The Legislature finds and declares that conserving or developing natural resources, and enhancing and maintaining environmentally important lands and waters through the use of California’s young adults, is beneficial not only to the youth of the state by providing them with educational and work opportunities, but also is beneficial for the state’s economy and its environment.

(c) The Legislature further finds and declares that the California Conservation Corps continues to offer California a unique opportunity to meet both the goal of increasing understanding and appreciation of the environment and the goal of helping youths become productive adults.

(d) The Legislature therefore reaffirms its intent that the corps’ mission includes increasing awareness of and improving our natural resources, but more importantly, includes instilling basic skills and a healthy work ethic in California youth, building their character, self-esteem, and self-discipline, and establishing within them a strong sense of civic responsibility and understanding of the value of a day’s work for a day’s wages.

(e) It is the further intent of the Legislature that corpsmembers graduate from the corps with good work habits, positive attitudes, and broadened professional horizons. It is the intent of the Legislature that the corps blend academic and job skills training with personal growth opportunities in order to develop productive youths who can make substantial contributions as California workers and citizens.

(f) It is the further intent of the Legislature, in memory of Brien Thomas “B.T.” Collins and John E. “Jack” Dugan, and on behalf of their passion, support, and commitment to the mission of the corps, to ensure that the corps is an entrepreneurial and incentive-based program with stable and predictable funding. In pursuit of that goal, it is the intent of the Legislature that all state agencies look to the corps first to perform those projects that meet the mission of the corps.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 98. (SB 272) Effective July 23, 2021.)

division: 12. CALIFORNIA CONSERVATION CORPS

chapter: 1. Findings and Declarations of Policy

path: 12. CALIFORNIA CONSERVATION CORPS > 1. Findings and Declarations of Policy


text: In the Natural Resources Agency there is the California Conservation Corps, which shall be responsible for carrying out the purposes of, and implementing the findings and policies set forth in, this division.

history: (History: Amended by Stats. 2018, Ch. 635, Sec. 1. (AB 2126) Effective January 1, 2019.)


text:
The Legislature finds and declares that the California Conservation Corps provides an invaluable service. The Legislature supports the corps’ mission to enhance the educational opportunities and employability of corps members. To further this mission local community college districts and the corps are encouraged to enter into cooperative agreements so that corps members have access to equal educational opportunities.

Local community college districts are encouraged to recognize the unique needs and circumstances of the corps members and the corps’ need for adequate facilities. Local community college districts should, to the extent possible, develop procedures to address these unique needs.

history: (History: Added by Stats. 1984, Ch. 1710, Sec. 2.)


text:
(a) The Legislature finds and declares that the State of California has already established a model conservation corps program and that redundant federal and state programs to carry out resource protection and conservation within the state are not in the best interests of the state. Rather, it is in the best interests of the state that federal funds designated to be expended by federal agencies for this purpose be allocated, to the extent feasible, to the California Conservation Corps and local conservation corps.

(b) If federal funds are available for youth conservation corps or community service corps programs, excluding the federal Job Corps, the California Conservation Corps is hereby designated as the program recipient for the State of California, and the corps may distribute, as appropriate, any federal funds to other corps programs within the state. The director shall have the authority to adopt, amend, and repeal policies to implement the program consistent with the federal requirements and with this division.

history: (History: Amended by Stats. 1989, Ch. 463, Sec. 1.)


text: In memory of Brien Thomas “B.T.” Collins, and on behalf of his passion, support, and commitment to the mission of the corps, the California Conservation Corps headquarters in Sacramento is hereby named the “B.T. Collins California Conservation Corps Building.”

history: (History: Added by Stats. 1993, Ch. 894, Sec. 2. Effective January 1, 1994.)


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

history: (History: Repealed and added by Stats. 1973, Ch. 904.)

path: 12. CALIFORNIA CONSERVATION CORPS > 2. Definitions


text: “Corps” means the California Conservation Corps.

history: (History: Amended by Stats. 1976, Ch. 342.)


text: “Director” means the Director of the California Conservation Corps.

history: (History: Added by Stats. 1980, Ch. 50, Sec. 3.)


text:
Young adults participating in the corps program shall generally be engaged in projects that do the following:

(a) Preserve, maintain, and enhance environmentally important lands and waters.

(b) Accomplish useful and needed public works projects in both urban and rural areas.

(c) Conserve, maintain, improve, and develop natural resources in both urban and rural areas.

(d) Provide opportunities for public use of, or education in, the areas, projects, and resources described in subdivisions (a), (b), and (c).

(e) Assist in emergency operations, such as natural disaster relief and the rescue of lost and injured persons.

(f) Assist in fire prevention and suppression.

(g) Directly contribute to the conservation of energy.

(h) Contribute toward making public facilities accessible to persons with disabilities.

(i) Assist departments within the Resources Agency in developing, rehabilitating, and restoring parklands, recreational facilities, and historical resources; restoring salmon and steelhead spawning, nursery, and rearing habitat; restoring and preserving wildlife habitat; and enhancing reforestation in both urban and rural areas.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 99. (SB 272) Effective July 23, 2021.)

chapter: 3. Program

path: 12. CALIFORNIA CONSERVATION CORPS > 3. Program


text: The Governor shall appoint a director, who shall act as the administrative officer of the corps, and a deputy director. 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 and deputy director shall be exempt from civil service, under subdivision (f) of Section 4 of Article XXIV of the California Constitution. The director shall employ, pursuant to the provisions of Article XXIV of the California Constitution and Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code, such staff as is necessary to implement the provisions of this division.

history: (History: Added by Stats. 1976, Ch. 787.)


text:
Young adults shall be selected for participation in the corps program on the basis of motivation for hard work, personal development, and public service, and without regard to their prior employment or educational background. Participation shall be for a period of one year, which may be extended.

The corps, in conjunction with the Employment Development Department, shall place an emphasis on developing and executing plans to assist corpsmembers in obtaining employment following their participation in the corps program.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 100. (SB 272) Effective July 23, 2021.)


text:
(a) The corps shall collaborate with the Department of Veterans Affairs and the Employment Development Department to assist any corpsmember who is a veteran of the United States Armed Forces in obtaining employment after participating in the corps program.

(b) Collaboration efforts by the Department of Veterans Affairs shall include, but not be limited to, providing access to veterans supportive services. Collaboration efforts by the Employment Development Department shall include, but not be limited to, providing access to workforce services.

history: (History: Added by Stats. 2016, Ch. 485, Sec. 2. (SB 1227) Effective January 1, 2017.)


text: The director may employ special corpsmembers without regard to their age so that the corps may draw upon their special skills which may contribute to the attainment of the objectives of the program. Special corpsmembers may be assigned to headquarters, as well as field positions.

history: (History: Added by Stats. 1980, Ch. 50, Sec. 6.)


text: Projects shall be directed toward providing opportunities to the public for their education or the use of these natural resources and environmentally important public lands and waters, while at the same time providing young adults with an opportunity for personal development in a variety of basic skills. Projects shall be undertaken in both urban and rural areas and shall be selected on the basis of the environmental and natural resource benefits each offers, the opportunities for public education or use each offers, and the on-the-job training value of each.

history: (History: Amended by Stats. 2021, Ch. 133, Sec. 101. (SB 272) Effective July 23, 2021.)


text:
In order to protect the rights of corpsmembers individually and the corps as a community, the director shall adopt a corpsmember bill of rights, corpsmember grievance procedures, and search and seizure guidelines.

These adopted rights, procedures, and guidelines shall serve to assist the director and corps staff in identifying problems and conflicts and resolving them with a minimum disruption of work and training, and shall be used by corps supervisors to interpret and consistently enforce policies and procedures of the corps.

history: (History: Added by Stats. 1980, Ch. 50, Sec. 7.)


text:
To implement this division, the director may do all of the following:

(a) Recruit and enroll corpsmembers and special corpsmembers.

(b) Adopt criteria for selecting applicants for enrollment in the corps’ program, including criteria for individuals convicted of a crime described in the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code). The director shall take into account, when adopting this criteria, the health, safety, and welfare of the public and the corps’ program participants and staff.

(c) Execute contracts containing the terms and conditions that are deemed necessary and desirable for the enrollment of corpsmembers.

(d) Authorize the use of the corps for emergency projects occasioned by natural disasters, fire prevention and suppression, rescue of lost or injured persons, and any other activity or project necessary or desirable to carry out the purposes of this division.

(e) Apply for and accept grants or contributions of funds from any public or private source.

(f) Purchase, rent, or otherwise acquire or obtain necessary property, supplies, instruments, tools, equipment, and conveniences.

(g) Execute contracts for furnishing the services of the corps to any federal, state, or local public agency; any California Native American tribe; any local or statewide private organization concerned with the objectives of the corps’ program, as specified in Sections 14000 and 14300; and any person, firm, partnership, or corporation concerned with these objectives.

(h) Procure insurance.

(i) Be reimbursed by the federal government, any state or local public agency, any California Native American tribe, or any private organization for actual expenses incurred by the corps for any project undertaken for any such entity pursuant to subdivision (d) or (g) or pursuant to Section 14307.

(j) To the extent permitted by Article VII of the California Constitution, execute contracts with any person, natural or corporate, for the purpose of implementing the objectives of the corps, as specified in Sections 14000 and 14300.

(k) Use any services, material, or property of any agency of the state, and may make agreements with any agency of the state or take other actions that are reasonable and necessary.

(l) Contract with public or private nonprofit entities to provide services for the corps.

(m) Contract with the University of California, the California State University, the community college districts, and private institutions for the creation of special admission and tuition credit programs for corpsmembers.

history: (History: Amended by Stats. 2022, Ch. 131, Sec. 3. (AB 2966) Effective January 1, 2023.)


text:
(a) In recruiting and enrolling corpsmembers and special corpsmembers, the director may select an applicant for enrollment in the corps program who is on probation, parole, postrelease community supervision, or mandatory supervision.

(b) When selecting an applicant for enrollment in the corps program pursuant to subdivision (a), the director shall consider the applicant’s overall fitness to join the corps, which shall include, but not be limited to, an assessment of all of the following:

(1) Any potential impacts the applicant may have on public safety as well as the safety of other members of the corps.

(2) Whether the applicant is required to register as a sex offender pursuant to Section 290 of the Penal Code.

(3) Whether the applicant is on lifetime parole.

history: (History: Amended by Stats. 2019, Ch. 571, Sec. 1. (AB 278) Effective January 1, 2020.)


text:
(a) In complying with subdivision (b) of Section 14306 and Section 14306.5 of this code and Section 12645g(a) of Title 42 of the United States Code, the corps shall submit to the Department of Justice fingerprint images and related information required by the Department of Justice, pursuant to subdivision (u) of Section 11105 of the Penal Code, for all persons applying for any of the following:

(1) Enrollment as a corpsmember in the corps program.

(2) A position as a special corpsmember, as described in Section 14303.

(3) A civil service position supervising corpsmembers.

(4) A civil service position funded in whole or in part by AmeriCorps.

(b) The Department of Justice shall provide a state- or federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

history: (History: Added by Stats. 2023, Ch. 198, Sec. 18. (SB 152) Effective September 13, 2023.)


text: Fire prevention, fire suppression, and disaster relief including, but not limited to, flood, earthquake, pest infestation assistance measures, and search and rescue efforts shall be a major emphasis of the program. Certain corps centers designated by the director as fire centers in locations specifically needed to assure emergency capability and readiness for firefighting and natural disaster relief shall be administered and directed jointly by the director of the corps and the Director of Forestry and Fire Protection. The director of the corps shall be responsible for setting the policies under which these centers shall be operated and shall be responsible for the recruitment, orientation, job training, project planning, and educational and other services generally provided in the corps at its base centers. The Director of Forestry and Fire Protection, and his or her designee, shall be responsible for the supervision of corps members engaged in public service conservation work and for the training, supervision, and direction of corps members engaged in fire prevention, fire suppression, and other emergency activities.

history: (History: Amended by Stats. 2001, Ch. 760, Sec. 1. Effective January 1, 2002.)


text: In carrying out this division, the director may utilize any services, materials, or property of any agency of the state and may make any agreements with any agency of the state, or take any other actions, that are reasonable and necessary.

history: (History: Amended by Stats. 1993, Ch. 894, Sec. 6. Effective January 1, 1994.)


text: In order to provide the best and most cost-effective training possible for corps members and other state employees, state agencies shall seek to combine or share training programs that provide related skills.

history: (History: Added by Stats. 2001, Ch. 760, Sec. 2. Effective January 1, 2002.)


text: Notwithstanding any other provision of law, corpsmembers and special corpsmembers, other than staff officers and employees, shall not receive state retirement benefits.

history: (History: Amended by Stats. 1980, Ch. 50, Sec. 11.)


text:
In keeping with the corps’ entrepreneurial nature and to expand the corpsmember population, the corps shall actively seek reimbursable work projects from state and nonstate entities that are in keeping with its mission. The corps shall use the following criteria in reviewing such a project offer:

(a) The project will provide opportunities to expand corpsmember population.

(b) The project will provide corpsmembers with education and training in employable skills.

(c) The project will attract community support, participation, and funding.

(d) The project conserves or enhances the state’s natural resources, or has other public benefits.

history: (History: Added by Stats. 1993, Ch. 894, Sec. 7. Effective January 1, 1994.)


text:
(a) The Collins-Dugan California Conservation Corps Reimbursement Account is hereby created in the General Fund in the State Treasury, for support of the corps.

(b) Funds received in payment for reimbursable work projects, excluding General Fund money, may be deposited in the Collins-Dugan California Conservation Corps Reimbursement Account.

(c) Notwithstanding Section 13340 of the Government Code, the money in the Collins-Dugan California Conservation Corps Reimbursement Account is hereby continuously appropriated to the corps for the following program activities:

(1) Program expansion to hire more corpsmembers.

(2) Enhancement of corpsmember education and educational support services.

(3) Enhancement of equipment used by corpsmembers in projects meeting the corps’ mission.

(4) Program support when legislatively directed reimbursement targets are unmet in a given fiscal year.

history: (History: Amended by Stats. 1996, Ch. 976, Sec. 1. Effective September 27, 1996.)


text: To assist the corps’ operation as an entrepreneurial and incentive-based program, the director may seek and accept donations from private entities, foundations, or other sources outside of state government for purposes of accomplishing the corps’ mission.

history: (History: Added by Stats. 1993, Ch. 894, Sec. 9. Effective January 1, 1994.)


text:
(a) Subject to the availability of assistance from the corps, a state agency that is considering the use of contracted labor shall give priority to the corps when the mission of the corps and the nature of the state agency’s project are substantially consistent.

(b) State agencies shall notify the corps of potential contracts for services that fit within the parameters of the legislative intent set forth in Section 14000 and shall use the corps to the maximum extent feasible to carry out projects that promote the legislative intent as set forth in Section 14000. Because of the corps’ commitment to the state’s youth, in the exercise of a state agency’s discretion when considering contracts for services, strong consideration shall be given to the use of corpsmembers over the use of other contracted labor.

(c) The corps may contract with any state agency for the performance of activities consistent with this division.

(d) Upon appropriation by the Legislature and execution of a contract pursuant to subdivision (b), the Controller may transfer money to the Collins-Dugan California Conservation Corps Reimbursement Account from other funds under the control of the contracting state agency, including, but not limited to, the following funds and accounts:

(1) Hazardous Waste Control Account in the General Fund.

(2) State Highway Account in the State Transportation Fund.

(3) Transportation Planning and Development Account in the State Transportation Fund.

(4) California Environmental License Plate Fund.

(5) Fish and Game Preservation Fund.

(6) Public Resources Account in the Cigarette and Tobacco Products Surtax Fund.

(7) Unallocated Account in the Cigarette and Tobacco Products Surtax Fund.

(8) Habitat Conservation Fund.

(9) Motor Vehicle Fuel Account in the Transportation Tax Fund pursuant to Section 8352.6 of the Revenue and Taxation Code (OMV Fund).

(10) Oil Spill Prevention and Administration Fund.

(11) Integrated Waste Management Account in the Integrated Waste Management Fund.

(12) State Parks and Recreation Fund.

(13) Greenhouse Gas Reduction Fund.

(14) Employment Training Fund.

(15) Harbors and Watercraft Revolving Fund.

(16) California Beverage Container Recycling Fund.

(17) California Cannabis Tax Fund.

(18) Good Neighbor Authority Fund.

(e) Expenditures from the Collins-Dugan California Conservation Corps Reimbursement Account of amounts transferred pursuant to subdivision (d) shall be limited to purposes that are consistent with the requirements of each fund or account contributing each amount to the Collins-Dugan California Conservation Corps Reimbursement Account.

history: (History: Amended by Stats. 2022, Ch. 131, Sec. 4. (AB 2966) Effective January 1, 2023.)


text: The Department of Finance may make a loan from the General Fund to the Collins-Dugan California Conservation Corps Reimbursement Account, in an amount not to exceed a cumulative total of one million five hundred thousand dollars ($1,500,000) to meet cashflow needs due to delays in collecting reimbursements. Any loan made by the Department of Finance pursuant to this section shall only be made if the corps has a valid contract or certification signed by a client agency that demonstrates that sufficient funds will be available to repay the loan. All money so transferred shall be repaid to the General Fund as soon as possible, but not later than one year from the date of the loan, with interest at the average rate earned by the Surplus Money Investment Fund.

history: (History: Amended by Stats. 2002, Ch. 953, Sec. 10. Effective January 1, 2003.)


text:
(a) The corps may enter into a contract with an individual or collective of community conservation corps certified pursuant to Section 14507.5 for a project or program that is in furtherance of Section 14000 and that consists of one or more of the following:

(1) Natural resources and land management projects.

(2) Energy and climate programs.

(3) Emergency response services.

(4) Educational, programming, and training services.

(5) Corpsmember services.

(6) Ancillary services.

(b) The director may establish guidelines for purposes of this section. If the director establishes guidelines for purposes of this section, a contract entered into pursuant to subdivision (a) shall adhere to those guidelines.

(c) (1) On or before January 1, 2025, January 1, 2027, and January 1, 2029, the corps shall file a report with the appropriate committees of the Legislature on the outcomes of any program or project undertaken pursuant to this section. A report filed pursuant to this subdivision shall focus on the previous two calendar years.

(2) The requirement to file a report pursuant to paragraph (1) is inoperative on January 1, 2033, pursuant to Section 10231.5 of the Government Code.

history: (History: Amended by Stats. 2023, Ch. 139, Sec. 1. (AB 1279) Effective January 1, 2024.)


text: The director may establish a training program for members of county or city conservation corps. The program may be designed to provide the same training to members of county or city conservation corps as provided to corpsmembers of the corps and may be conducted in the same facilities. The program is authorized only to the extent that it does not adversely affect the ability of the California Conservation Corps to maintain 2,000 active corpsmembers.

history: (History: Added by Stats. 1988, Ch. 4, Sec. 1.)

chapter: 3.2. Training of County or City Members

path: 12. CALIFORNIA CONSERVATION CORPS > 3.2. Training of County or City Members


text: If the corps establishes a training program as described in Section 14350, the corps may contract with the county or city requesting the training, and the contract may require the corps to be fully reimbursed for all costs of the training program.


text: The corps shall develop nonresidential programs in urban communities, and may develop those programs in other than urban communities, which have high concentrations of ethnic-minority youths, which have high levels of youth unemployment, and which have a need for conservation work. Expenditures for programs in other than urban communities shall not exceed 15 percent of total funding for programs under this section.

history: (History: Amended by Stats. 1985, Ch. 1606, Sec. 1. Effective October 2, 1985.)

chapter: 3.5. Nonresidential Program

path: 12. CALIFORNIA CONSERVATION CORPS > 3.5. Nonresidential Program


text: The corps shall develop procedures for recruiting high school dropouts from the neighborhoods in which these programs are located.

history: (History: Added by Stats. 1984, Ch. 1710, Sec. 5.)


text: The corps shall give priority to providing an educational component for corpsmembers who have not completed high school. The component shall be equal in content to a high school curriculum and provide course credits leading to a high school diploma or its equivalent, such as a California high school equivalency certificate. The work of the corps shall be structured to accommodate the educational component without significantly reducing the productivity of the corps.


text:
(a) The corps shall cooperate with, and seek the cooperation of, state and local workforce investment boards and youth councils, designated pursuant to any federal workforce development or investment act to secure employment and training services for corpsmembers.

(b) These employment and training services may include job search assistance, skills training, transitional employment, or any other services provided under a federal workforce development or investment act that would lead to employment for the corpsmember.

(c) Employment and training services may be provided to corpsmembers as a component of their work with the corps or upon their separation from the corps.

history: (History: Amended by Stats. 2022, Ch. 131, Sec. 6. (AB 2966) Effective January 1, 2023.)


text: The corps shall assist corpsmembers who desire to return to school to develop plans to accomplish this goal.


text: Implementation of the educational component of the nonresidential program established pursuant to this chapter shall be contingent on the California Conservation Corps receiving sufficient funding from any source, including any federal workforce development or investment act.

history: (History: Amended by Stats. 2022, Ch. 131, Sec. 7. (AB 2966) Effective January 1, 2023.)


text:
The corps may contract with public or private nonprofit agencies to provide services for a nonresidential program. The public or private nonprofit agency shall meet all of the following requirements:

(a) The agency shall submit a proposal which demonstrates that its program is consistent with the policies of the corps and with this chapter.

(b) The agency shall, to the extent possible, secure funding or services from the local service delivery area for necessary employment and training services.

(c) The agency shall secure reimbursements for a significant portion of the work performed.

(d) The agency shall secure a commitment from local educational institutions that appropriate educational services will be provided.

(e) The agency shall maintain, to the extent possible, the funding from foundations and other public and private organizations for a nonresidential program. If the agency does not have an existing nonresidential program, it shall secure at least a 25-percent match from other public or private organizations for the program.

history: (History: Amended by Stats. 1985, Ch. 1606, Sec. 2. Effective October 2, 1985.)


text: No later than July 1, 2019, the director shall establish a forestry corps program.

history: (History: Added by Stats. 2018, Ch. 635, Sec. 2. (AB 2126) Effective January 1, 2019.)

chapter: 4. Forestry Corps Program

path: 12. CALIFORNIA CONSERVATION CORPS > 4. Forestry Corps Program


text:
(a) The forestry corps program shall accomplish all of the following objectives:

(1) Develop and implement forest health projects, pursuant to Section 14412.

(2) Establish forestry corps crews, pursuant to Section 14413.

(3) Provide assistance to corps members in obtaining forestry and forest technician degrees and certificates.

(4) Train corps members to operate equipment in forestry and related fields.

(5) Create pathways from the corps to degree programs and jobs.

(b) The director may partner with community colleges, trade associations, forest and timber industries, vocational educational institutions, and apprenticeship programs to provide training and experience to corps members.

(c) The director shall partner with the certified community conservation corps, pursuant to Section 14507.5, where feasible, in implementing the forestry corps program.


text:
Forest health projects may include, but are not limited to, all of the following:

(a) Fuels reduction and hazardous fuels removal.

(b) Seedling and tree planting.

(c) Cone and seed collection.

(d) Tree mortality and tree felling.

(e) Tree nursery and arborist training.

(f) Forestry and conservation awareness and educational outreach.

(g) Participation in forestry pilot programs.

(h) Wildlands forest firefighting training.


text:
(a) No later than January 1, 2020, the director shall establish two forestry corps crews, one to be based in the Central Valley and the other in the Inland Empire, as follows:

(1) To the extent feasible, the Central Valley forestry corps crew shall be administered and operated as a Greater Valley Conservation Corps program and shall be available to members of the Greater Valley Conservation Corps.

(2) The Inland Empire forestry corps crew shall be administered by the department and shall be based at the Inland Empire Center.

(b) No later than January 1, 2020, the director shall establish two additional forestry corps crews, each to be based in either a state responsibility area, as defined in Section 4102, or a very high hazard fire zone, as defined in subdivision (i) of Section 51177 of the Government Code.


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

(1) Conserving or developing natural resources and enhancing and maintaining environmentally important lands and waters is essential for protecting the state’s environment, bolstering its economy, and providing safe and resilient communities for Californians to live in.

(2) The California Conservation Camp program operated jointly by the Department of Corrections and Rehabilitation and the Department of Forestry and Fire Protection provides work crews of incarcerated individuals to assist in all types of emergencies in support of the work of our frontline personnel during wildfires, floods, search and rescue, and earthquakes. When not assisting in emergencies, the crews participate in conservation and community service work projects for state, federal, and local government agencies.

(3) The corps is the oldest and largest state conservation corps in the nation that puts youth and the environment together to benefit both, tasking young people to protect and restore California’s environment, respond to disasters, and become stronger workers, citizens, and individuals through their service.

(4) The corps offers a unique opportunity to form strategic partnerships to provide valuable job opportunities in resource conservation, resource management, fuels and vegetation management, and emergency incident mitigation for formerly incarcerated individuals who successfully served on a California Conservation Camp program crew.

(5) Building on their valuable experience in the California Conservation Camp program, a segment of former California Conservation Camp program participants may be available to support the federal, state, and local governments, local publicly owned electric utilities and electrical corporations, fire safe councils, and private landowners in helping California meet its aggressive goals to do all of the following:

(A) Proactively restore forest health to reduce greenhouse gases.

(B) Protect source watersheds from which the state’s water supply originates.

(C) Promote the long-term storage of carbon in forest trees and soils.

(D) Minimize the loss of forest carbon from large, intense wildfires.

(E) Further the goals of the California Global Warming Solutions Act of 2006 (Division 25.5 (commencing with Section 38500) of the Health and Safety Code).

(6) Research demonstrates that formerly incarcerated individuals who have low performance, involvement, and satisfaction with school or work are more likely to recidivate than individuals who do not exhibit these characteristics. Research also shows that rehabilitation programs, including substance use disorder treatment and employment preparation, can be designed to address specific criminal risk factors.

(7) While participating in the corps, corpsmembers are offered life skills training, training in environmental awareness and civic responsibility, as well as reentry and counseling services, and gain access to high school courses through the corps’ existing contracts and cooperation with high schools and community colleges.

(8) Drawing upon the expertise of the corps, collaborations and partnerships with workforce development programs and local and state agencies can be established to provide valuable job opportunities for formerly incarcerated individuals, consistent with the expertise of the corps to increase awareness of and improve our natural resources, instill basic skills and a healthy work ethic, build character, self-esteem, and self-discipline, establish a workforce with a strong sense of civic responsibility, and blend academic and growth opportunities in order to develop productive citizens who can make substantial contributions as California workers and citizens.

(b) It is the intent of the Legislature in enacting this chapter to serve the interests of all Californians by providing hope and opportunity for formerly incarcerated individuals by offering additional pathways to employment with a living wage in jobs that move the state forward on critical resource management objectives while providing those individuals the opportunity to make a difference for themselves and for the people of California.

history: (History: Added by Stats. 2019, Ch. 587, Sec. 1. (AB 1668) Effective January 1, 2020.)

path: 12. CALIFORNIA CONSERVATION CORPS > 4.5. The Education and Employment Reentry Program


text:
(a) The director may establish the Education and Employment Reentry Program within the corps and may enroll in the program formerly incarcerated individuals who successfully served on a California Conservation Camp program crew and were recommended for participation as a program member by the Director of Forestry and Fire Protection and the Secretary of the Department of Corrections and Rehabilitation.

(b) For purposes of this chapter, “program” means the Education and Employment Reentry Program.

chapter: 4.5. The Education and Employment Reentry Program


text:
(a) Persons described in Section 14415.1 shall be selected for participation as a program member on the basis of motivation, hard work, personal development, and public service, and without regard to their prior employment or educational background. Program member enrollment shall follow the same policies as corpsmember enrollment within the corps. Program enrollment shall be for a period of up to one year with the opportunity to extend program participation in accordance with corps policy. The director, in conjunction with the Employment Development Department, shall prioritize developing and executing plans to assist program members in obtaining continued employment following participation in the program. During participation in the program, program participants shall receive a stipend consistent with the current corpsmember pay system. Program participants shall also be eligible for benefits offered to all corpsmembers.

(b) Subject to the discretion and approval of the director, the corps may enter into a planning agreement with appropriate state and local agencies, including, but not limited to, local community conservation corps and organizations providing reentry and counseling services, to develop reentry and job training opportunities for individuals described in subdivision (a) of Section 14415.1 who do not otherwise qualify for corps enrollment under corps policies, such as age limitations. This subdivision does not require acceptance into the corps as a corpsmember of any individual over 25 years of age.


text:
Participants in the program shall generally be engaged in any of the following activities:

(a) Natural resources or land management projects.

(b) Fuels reduction and vegetation management projects.

(c) Proactively restoring forest health to reduce greenhouse gases.

(d) Conserving, maintaining, improving, and developing natural resources in both urban and rural areas.

(e) Assisting in fire prevention and assisting in disaster operations.

(f) Protecting source watersheds from which the state’s water supply originates.

(g) Promoting the long-term storage of carbon in forest trees and soils.

(h) Minimizing the loss of forest carbon from large, intense wildfires.

(i) Assisting departments within the Natural Resources Agency in developing, rehabilitating, and restoring parklands, recreational facilities, and historical resources.


text:
The program shall accomplish all of the following objectives:

(a) Develop, partner with, and create opportunities for the forestry corps program objectives described in Section 14411.

(b) Collaborate with the Employment Development Department to provide access to workforce services.

(c) Collaborate with nongovernmental organizations dedicated to providing access to counseling, mentorship, supportive housing, health care, and educational opportunities.

(d) Employ collaborations and partnerships available to the corps consistent with this division.


text: The program established pursuant to this chapter shall not replace or restrict existing or future programs and training offered to formerly incarcerated individuals.


text: Implementation of the program pursuant to this chapter is contingent upon an appropriation being made in the annual Budget Act or another statute for its purposes.


text: For purposes of this chapter, “cohort” means all corpsmembers who permanently separate from the corps in a state fiscal year after having been enrolled for more than 60 days.

history: (History: Added by Stats. 2018, Ch. 51, Sec. 32. (SB 854) Effective June 27, 2018.)

path: 12. CALIFORNIA CONSERVATION CORPS > 5. Corpsmember Educational and Employment Outcome Reporting


text: It is the intent of the Legislature in enacting this chapter to evaluate how effectively the corps transitions corpsmembers into educational and employment opportunities upon completion of their service.

chapter: 5. Corpsmember Educational and Employment Outcome Reporting


text:
(a) Commencing January 1, 2020, the corps shall report by December 31 of each year the total number of corpsmembers in the cohort who permanently separated from the corps during the state fiscal year that ended 18 months before the date the report is due.

(b) To the extent feasible, the report shall include the number of corpsmembers in the cohort who did any of the following in the 12-month period following final separation from the corps:

(1) Enrolled in an adult school or other precollegiate-level program.

(2) Enrolled in an apprenticeship or other vocational education program.

(3) Enrolled in postsecondary education.

(4) Were employed during the second and fourth quarters.

(5) Were simultaneously employed and enrolled in a secondary, postsecondary, or apprenticeship or other vocational education program.

(6) Obtained employment in jobs that they received specialized training to perform while they were enrolled in the corps.

(c) To assess longer-term outcomes for corpsmembers, the report shall also include the number of corpsmembers in the cohort who received any of the following either while serving in the corps or in the 12-month period following final separation from the corps:

(1) A high school diploma or its recognized equivalent.

(2) An industry-recognized credential.

(3) An associate or bachelor’s degree.

(d) To assess the performance of variations in the delivery of the corps’ programs, the corps shall disaggregate the data reported pursuant to this section into the following subgroups of corpsmembers:

(1) Partial-year corpsmembers, who enrolled in the corps for a period of more than 60 days but less than one year.

(2) Full-year corpsmembers, who enrolled in the corps for a period of one year or more.

(3) Residential center corpsmembers, who resided in a residential center for the majority of the time they were enrolled in the corps.

(4) Nonresidential center corpsmembers, who reported to a nonresidential center for the majority of the time they were enrolled in the corps.

(e) The corps shall provide the report to the chairpersons and vice chairpersons of the budget committees in both houses of the Legislature, as well as the relevant budget subcommittees and policy committees in both houses of the Legislature that have subject matter jurisdiction over the corps.


text: This division shall be known and may be cited as the California Beverage Container Recycling and Litter Reduction Act.

history: (History: Added by Stats. 1986, Ch. 1290, Sec. 2. Effective September 29, 1986.)

chapter: 1. Findings

path: 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT > 1. Findings


text:
The Legislature finds and declares as follows:

(a) Experience in this state and others demonstrates that financial incentives and convenient return systems ensure the efficient and large-scale recycling of beverage containers. Accordingly, it is the intent of the Legislature to encourage increased, and more convenient, beverage container redemption opportunities for all consumers. These redemption opportunities shall consist of dealer and other shopping center locations, independent and industry operated recycling centers, curbside programs, and other recycling systems that assure all consumers, in every region of the state, the opportunity to return beverage containers conveniently, efficiently, and economically.

(b) California grocery, beer, soft drink, container manufacturing, labor, agricultural, consumer, environmental, government, citizen, recreational, taxpayer, and recycling groups have joined together in calling for an innovative program to generate large-scale redemption and recycling of beverage containers.

(c) This division establishes a beverage container recycling goal of 80 percent.

(d) It is the intent of the Legislature to ensure that every container type proves its own recyclability.

(e) It is the intent of the Legislature to make redemption and recycling convenient to consumers, and the Legislature hereby urges cities and counties, when exercising their zoning authority, to act favorably on the siting of multimaterial recycling centers, reverse vending machines, mobile recycling units, or other types of recycling opportunities, as necessary for consumer convenience, and the overall success of litter abatement and beverage container recycling in the state.

(f) The purpose of this division is to create and maintain a marketplace where it is profitable to establish sufficient recycling centers and locations to provide consumers with convenient recycling opportunities through the establishment of minimum refund values and processing fees and, through the proper application of these elements, to enhance the profitability of recycling centers, recycling locations, and other beverage container recycling programs.

(g) The responsibility to provide convenient, efficient, and economical redemption opportunities rests jointly with manufacturers, distributors, dealers, recyclers, processors, and the Department of Conservation.

(h) It is the intent of the Legislature, in enacting this division, that all empty beverage containers redeemed shall be recycled, and that the responsibilities and regulations of the department shall be determined and implemented in a manner that favors the recycling of redeemed containers, as opposed to their disposal.

(i) Nothing in this division shall be interpreted as affecting the current business practices of scrap dealers or recycling centers, except that, to the extent they function as a recycling center or processor, they shall do so in accordance with this division.

(j) The program established by this division will contribute significantly to the reduction of the beverage container component of litter in this state.

history: (History: Amended by Stats. 2008, Ch. 696, Sec. 1. Effective September 30, 2008.)

division: 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT


text: This division does not apply to any beverage container which is sold and delivered to a railroad, sleeping car, or steamship company, or common carrier operating vessels, as defined in Section 238 of the Public Utilities Code, operating under a certificate of public convenience and necessity, or an air common carrier, for use and consumption on trains, vessels, or airplanes.


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

chapter: 2. Definitions

path: 12.1. CALIFORNIA BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACT > 2. Definitions


text: “Aluminum beverage container” means a beverage container which consists primarily of aluminum.


text: “Average monthly volume” means the average number of empty beverage containers per month received by a certified recycling center.

history: (History: Added by Stats. 1989, Ch. 1342, Sec. 1.)


text: “Bag drop recycling center” means a recycling mechanism operated by a certified recycling center at which consumers can drop off bagged empty beverage containers for redemption. A bag drop recycling center may use a bag drop machine.

history: (History: Amended by Stats. 2022, Ch. 574, Sec. 18. (AB 211) Effective September 27, 2022.)


text: “Beneficiating processor” means any person certified by the department as a processor who also beneficiates purchased cullet so that it is furnace ready for glass container manufacturers, consistent with prevailing standards in the manufacturing industry. Cullet shall be deemed furnace ready when it has been cleansed, is free of nonglass contaminants, and has been crushed or otherwise processed in such a manner as to be acceptable without further processing by the purchasing glass container manufacturer.

history: (History: Added by Stats. 1992, Ch. 1266, Sec. 2. Effective September 30, 1992.)