citation: PRC § 8627

text: The state, in its sovereign capacity, shall accept any such conveyance, and the land shall thereafter be held by the state as land of the legal character of tide and submerged lands subject to the public trust under the jurisdiction of the commission pursuant to the provisions of Division 6 (commencing with Section 6001).


kind: section

code: PRC

citation: PRC § 8628

text: The commission shall accept the conveyances on the part of the state and shall authorize their acknowledgment and recordation.

history: (History: Added by Stats. 1982, Ch. 1471, Sec. 1.)

division: 7. KAPILOFF LAND BANK ACT

chapter: 3. Administration

path: 7. KAPILOFF LAND BANK ACT > 3. Administration


citation: PRC § 8629

text: Until expended for acquisitions in accordance with the provisions of this division, moneys in the fund shall be deposited in the Pooled Money Investment Fund and the interest deposited in the fund.


citation: PRC § 8630

text: In addition to the purchase price to be paid, the costs and expenses attributable to the acquisition may be payable from the fund, provided that such costs shall not exceed 5 percent of the expended funds.


citation: PRC § 8631

text: The provisions of this division shall not be subject to the provisions of the California Environmental Quality Act (commencing with Section 21000 of the Public Resources Code), the Subdivision Map Act (commencing with Section 66410 of the Government Code), or the Property Acquisition Law (commencing with Section 15850 of the Government Code).


citation: PRC § 8632

text: Nothing in this division shall be construed to impair the ability of any other state agency from acquiring lands for wetlands restoration and enhancement.


citation: PRC § 8633

text: Nothing in this division relieves the trustee or its successors in interest from any requirement to obtain state permits, licenses, or approvals otherwise required for work, activities, or uses conducted on any real property acquired pursuant to this division.


citation: PRC § 8650

text: This division shall be known and may be cited as the Arroyo Seco Parklands Preservation Law of 1975.

history: (History: Added by Stats. 1975, Ch. 886.)

division: 7.5. ARROYO SECO PARKLANDS

path: 7.5. ARROYO SECO PARKLANDS


citation: PRC § 8651

text: “Arroyo Seco” means that streambed, ranging from 200 to 2,000 feet in width, from the Los Angeles River in the City of Los Angeles to Devil’s Gate Dam in the City of Pasadena.


citation: PRC § 8652

text: “Parklands” means the acreage designated as parklands by the Cities of Los Angeles, South Pasadena, and Pasadena prior to January 1, 1975, and includes wilderness areas, historic sites, established bridle trails, municipal golf courses, hiking trails, lawn bowling greens, tennis courts, children’s playgrounds, picnic areas, baseball diamonds, lighted areas for basketball, soccer, and football, a band shell, community buildings, an outdoor gym, casting pool, and an archery range.


citation: PRC § 8653

text: “Construction already underway” means all projects of the California Highway Commission for which agreements exist as of May 1, 1974.


citation: PRC § 8654

text: “Three acres for the Pasadena Freeway (State Highway Route 11) ramps” means the three acres to be taken for the proposed ramp improvement project on that freeway, as defined by a draft environmental impact report released in May 1974 by the Department of Transportation.


citation: PRC § 8655

text: With the exception of the construction already underway and the three acres for the Pasadena Freeway ramps, no portion of the parklands in, and adjacent to, the Arroyo Seco shall be taken or encroached upon for any state highway purpose.


citation: PRC § 8700

text: This division shall be known and may be cited as the School Land Bank Act.

history: (History: Added by Stats. 2011, Ch. 485, Sec. 2. (AB 982) Effective January 1, 2012.)

division: 7.7. SCHOOL LANDS

chapter: 1. School Land Bank Act

path: 7.7. SCHOOL LANDS > 1. School Land Bank Act


citation: PRC § 8701

text:
The Legislature finds and declares as follows:

(a) Past policies of the state have resulted in significant depletion of the inventory of lands granted by the federal government to provide fiscal support for the public school system.

(b) It is essential that all remaining school lands and attendant interests be managed and enhanced to provide an economic base for support of the public school system.

(c) The commission shall plan and implement all transactions, including exchanges, sales, and acquisitions which would facilitate the management of school land interests for revenue generating purposes.

(d) The state, through the commission, shall take all action necessary to fully develop school lands, indemnity interests, and attendant mineral interests into a permanent and productive resource base.

(e) It is in the best interest of the state that school lands be managed as a revenue source and it is the intent of the Legislature that fair market value be a primary criterion in determining if proposed uses or dispositions of land should be approved.

(f) The consolidation of school land parcels into contiguous holdings is essential to sound and effective management and the power to acquire lands by exchange or purchase is elemental to the consolidation process.


citation: PRC § 8702

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

(a) “Commission” means the State Lands Commission.

(b) “Fund” means the School Land Bank Fund.

(c) “School land” means land or interests in land granted to the state by an Act of Congress March 3, 1853 (Ch. 145, 10 Stat. 244), for the specific purpose of providing support for the public schools.

(d) “Trustee” means the State Lands Commission acting in its role as trustee for the School Land Bank Fund.


citation: PRC § 8703

text: Acquisitions may be made by negotiated agreement with, or purchase from, the owners of the outstanding interests. Nothing in this division confers any authority to exercise the power of eminent domain for the purposes of this division, although that power is statutorily vested in the commission.


citation: PRC § 8704

text: The trustee shall make all reasonable attempts to acquire the mineral and other subsurface rights in any acquisition pursuant to this division. If the trustee is unable to acquire the mineral and other subsurface rights, the trustee may purchase real property upon the trustee expressly finding that the benefits to be derived from the acquisition are substantial and that acquisition of the property without the subsurface rights is in the best interests of the state for the purposes set forth in this division.


citation: PRC § 8705

text: The trustee has the exclusive jurisdiction and authority to administer the fund and the interest in real property acquired pursuant to this division, including the selection, acquisition, and conveyance of real property by the trustee as provided in this division.


citation: PRC § 8706

text: The state, in its sovereign capacity, shall accept any conveyance, and the land shall thereafter be held by the state as land of the legal character of school lands subject to the school land trust under the jurisdiction of the commission pursuant to Division 6 (commencing with Section 6001).


citation: PRC § 8707

text: The commission shall accept the conveyances on the part of the state and shall authorize their acknowledgment and recordation.


citation: PRC § 8708

text: Until expended for acquisitions in accordance with this division, moneys in the fund shall be deposited in the Pooled Money Investment Fund and the interest deposited in the fund.


citation: PRC § 8709

text: In addition to the purchase price to be paid, the costs and expenses attributable to the acquisition, including, but not limited to, the fees and expenses of appraisals, escrow, broker’s fees, title insurance, and other third-party costs, may be paid from the fund.

history: (History: Amended by Stats. 2021, Ch. 715, Sec. 6. (AB 1390) Effective January 1, 2022.)


text: Expenses attributable to management and remediation efforts on state school lands are payable from the fund.


citation: PRC § 8710

text: An action under this chapter is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), the Subdivision Map Act (Division 2 (commencing with Section 66410) of Title 7 of the Government Code), or the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code).


citation: PRC § 8711

text: There is in the State Treasury the School Land Bank Fund, which is hereby created. Notwithstanding Section 13340 of the Government Code, all moneys in the fund are appropriated to the commission for expenditure, without regard to fiscal years, for the purposes of this division. When performing the powers and duties set forth in this division, the commission shall be known as the School Land Bank Trustee.


citation: PRC § 8712

text: The trustee may acquire real property or any interest in real property with the objective of facilitating management of school lands for the purpose of generating revenue. The trustee may delegate authority to the trustee’s executive officer to make a nonrefundable downpayment for a potential acquisition of real property or any interest in real property.

history: (History: Amended by Stats. 2021, Ch. 715, Sec. 7. (AB 1390) Effective January 1, 2022.)


citation: PRC § 8713

text: The trustee shall act only at an open, scheduled public meeting, subject to all provisions of Division 6 (commencing with Section 6001) relating to meetings of the commission. The trustee may combine its meeting with the meetings of the commission.


citation: PRC § 8715

text: The provisions of this division are not intended as exclusive, and shall not restrict the commission in otherwise meeting any other responsibilities and jurisdiction the commission presently has by law.


citation: PRC § 8716

text: The trustee may accept gifts of real property or money for the purposes of this division.


citation: PRC § 8720

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

(a) The high cost of energy is taking a financial toll on California’s residents and economy, as well as making the state more dependent on foreign oil.

(b) California is home to abundant renewable energy resources, such as solar, wind, geothermal, and biomass.

(c) The State Lands Commission manages on behalf of the State Teachers’ Retirement Fund (STRS) hundreds of thousands of acres of school lands, a great deal of which have significant potential for siting large-scale renewable energy projects.

(d) The State Lands Commission has a duty pursuant to the School Land Bank Act (Chapter 1 (commencing with Section 8700)) to take all action necessary to fully develop school lands into a permanent and productive resource base for the benefit of STRS.

(e) A significant amount of school lands are not producing revenue from large-scale renewable energy projects because they are isolated, landlocked parcels, the majority of which are remote desert lands. The consolidation of school land parcels into contiguous holdings would facilitate the sound and effective management of these lands for large-scale renewable energy projects.

(f) On October 16, 2008, the State Lands Commission adopted a resolution supporting the environmentally responsible development of school lands for renewable energy-related projects.

(g) If school lands are leased for large-scale renewable energy projects, the state will benefit in the form of reduced carbon emissions, a cleaner and healthier environment, affordable energy, stronger national security, new jobs, and more funding for STRS.

(h) It is the policy of the state to promote the advancement, development, assessment, and installation of large-scale renewable energy projects on school lands. Any consolidation and development of school lands for renewable energy should be done with assurances that the state’s unique and sensitive environment will be protected.

path: 7.7. SCHOOL LANDS > 2. Land Exchanges for Renewable Energy-Related Projects


citation: PRC § 8721

text: For the purposes of this chapter, “California desert” means the California Desert Conservation Area as described in Section 1781 of Title 43 of the United States Code.

chapter: 2. Land Exchanges for Renewable Energy-Related Projects


citation: PRC § 8722

text:
(a) The commission shall enter into a memorandum of agreement by April 1, 2012, with the United States Secretary of the Interior to facilitate land exchanges that consolidate school land parcels into contiguous holdings that are suitable for large-scale renewable energy-related projects. The memorandum of agreement shall be tailored, to the extent feasible, to prioritize land exchanges that are best suited for large-scale renewable energy project development, including for the purposes of mitigation of the impacts of that development.

(b) After the memorandum of agreement is entered into, the commission shall make best efforts to consolidate all school land parcels in the California desert into contiguous holdings for large-scale renewable energy-related projects.

(c) The commission shall report to the Legislature by January 1 of each year on the status of the memorandum of agreement and school land consolidation efforts in the California desert.

(d) The requirements of this section are contingent on the cooperation of the United States Secretary of the Interior.


citation: PRC § 8723

text:
(a) Within 240 days of the execution of a memorandum of agreement pursuant to Section 8722, the commission shall prepare and submit to the United States Secretary of the Interior a proposal for land exchanges that consolidate school land parcels in the California desert into contiguous holdings that are suitable for large-scale renewable energy-related projects. In developing the proposal, the commission shall give priority to land exchanges that will facilitate the development of large-scale renewable energy projects.

(b) The commission’s proposal shall be based on an acre-for-acre exchange with the United States. If the United States is not authorized to enter into such an agreement, the commission may propose an exchange based on equivalent appraised values.

(c) Notwithstanding subdivision (b), the commission may withhold a school land parcel from an exchange proposal or request additional consideration from the United States Secretary of the Interior if the commission reasonably believes, based on existing and reliable information, that an acre-for-acre exchange would not provide the state with compensation that is equal to or greater than the fair market value of the school land parcel. For the purposes of this subdivision, the commission shall consider the potential renewable energy value of a parcel the commission would receive in the exchange.

(d) In preparing the land exchange proposal, the commission shall consult with the Department of Fish and Game to identify areas in the California desert that would be consistent with the proposed or adopted provisions of the Desert Renewable Energy Conservation Plan and are either of the following:

(1) Suitable for renewable energy projects because the identified areas do not support habitat or habitat corridor values for species listed as threatened, endangered, or candidate species pursuant to the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code) or the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), that, in the judgment of the Department of Fish and Game, are sufficient to warrant consideration of their designation as a mitigation or conservation area for these species.

(2) Suitable as potential mitigation areas to mitigate the impacts that renewable energy-related projects may have on the environment.

(e) The commission’s costs and expenses attributable to the land exchange process may be payable from the fund. Notwithstanding Section 6217.5, a portion of the revenues generated from renewable energy leases pursuant to this chapter shall be made available to the commission, upon appropriation by the Legislature, to cover the commission’s costs attributable to the land exchange process.

(f) The commission may consider counter land exchange proposals from the United States Secretary of the Interior and make additional proposals to the extent that the additional proposals achieve the goals set forth in this chapter.

(g) Final approval of a land exchange proposed pursuant to this chapter shall be made by the commission at a properly noticed commission meeting.


citation: PRC § 8750

text:
Unless the context requires otherwise, the following definitions govern the construction of this division:

(a) “Administrator” means the administrator for oil spill response appointed by the Governor pursuant to Section 8670.4 of the Government Code.

(b) “Barges” means any vessel that carries oil in commercial quantities as cargo but is not equipped with a means of self-propulsion.

(c) (1) “Best achievable protection” means the highest level of protection which can be achieved through both the use of the best achievable technology and those manpower levels, training procedures, and operational methods which provide the greatest degree of protection achievable. The administrator’s determination of best achievable protection shall be guided by the critical need to protect valuable coastal resources and marine waters, while also considering (A) the protection provided by the measures, (B) the technological achievability of the measures, and (C) the cost of the measures.

(2) It is not the intent of the Legislature that the administrator use a cost-benefit or cost-effectiveness analysis or any particular method of analysis in determining which measures to require. Instead, it is the intent of the Legislature that the administrator give reasonable consideration to the protection provided by the measures, the technological achievability of the measures, and the cost of the measures when establishing the requirements to provide the best achievable protection for coastal and marine resources.

(d) “Best achievable technology” means that technology that provides the greatest degree of protection taking into consideration (1) processes that are being developed, or could feasibly be developed anywhere in the world, given overall reasonable expenditures on research and development, and (2) processes that are currently in use anywhere in the world. In determining what is best achievable technology, the administrator shall consider the effectiveness and engineering feasibility of the technology.

(e) “Commission” means the State Lands Commission.

(f) “Local government” means any chartered or general law city, chartered or general law county or any city and county.

(g) “Marine facility” means any facility of any kind, other than a vessel, that is or was used for the purposes of exploring for, drilling for, producing, storing, handling, transferring, processing, refining, or transporting oil and is located in marine waters, or is located where a discharge could impact marine waters unless the facility (1) is subject to Chapter 6.67 (commencing with Section 25270) or Chapter 6.75 (commencing with Section 25299.10) of Division 20 of the Health and Safety Code or (2) is placed on a farm, nursery, logging site, or construction site and does not exceed 20,000 gallons in a single storage tank. For the purposes of this division, a drill ship, semisubmersible drilling platform, jack-up type drilling rig, or any other floating or temporary drilling platform is a “marine facility.” For the purposes of this division, a small craft refueling dock is not a “marine facility.”

(h) “Marine terminal” means any marine facility used for transferring oil to or from tankers or barges. For the purposes of this section, a marine terminal includes all piping not integrally connected to a tank facility as defined in subdivision (n) of Section 25270.2 of the Health and Safety Code.

(i) “Marine waters” means those waters subject to tidal influence, except for waters in the Sacramento-San Joaquin Rivers and Delta upstream from a line running north and south through the point where Contra Costa, Sacramento, and Solano Counties meet.

(j) “Nonpersistent oil” means a petroleum-based oil, such as gasoline, diesel, or jet fuel, that evaporates relatively quickly. Specifically, it is an oil with hydrocarbon fractions, at least 50 percent of which, by volume, distills at a temperature of 645 degrees Fahrenheit, and at least 95 percent of which, by volume, distills at a temperature of 700 degrees Fahrenheit.

(k) “Oil” has the same meaning as in subdivision (p) of Section 8670.3 of the Government Code.

(l) “Onshore facility” means any facility of any kind which is located entirely on lands not covered by marine waters.

(m) “Operator” when used in connection with vessels, marine terminals, pipelines, or facilities, means any person or entity that owns, has an ownership interest in, charters, leases, rents, operates, participates in the operation of or uses that vessel, terminal, pipeline, or facility. “Operator” does not include any entity that owns the land underlying the facility or the facility itself, where the entity is not involved in the operations of the facility.

(n) “Person” means an individual, trust, firm, joint stock company, or corporation, including, but not limited to, a government corporation, partnership, limited liability company, and association. “Person” also includes any city, county, city and county, district, and the state or any department or agency thereof, and the federal government, or any department or agency thereof, to the extent permitted by law.

(o) “Pipeline” means any pipeline used at any time to transport oil.

(p) “Responsible party” or “party responsible” means either of the following:

(1) The owner or transporter of oil or a person or entity accepting responsibility for the oil.

(2) The owner, operator, or lessee of, or person who charters by demise, any vessel or marine facility or a person or entity accepting responsibility for the vessel or marine facility.

(q) “Small craft refueling dock” means a fixed facility having tank storage capacity not exceeding 20,000 gallons in any single storage tank and that dispenses nonpersistent oil to small craft.

(r) “Spill” or “discharge” means any release of at least one barrel (42 gallons) of oil not authorized by any federal, state, or local government entity.

(s) “State oil spill contingency plan” means the California oil spill contingency plan prepared pursuant to Article 3.5 (commencing with Section 8574.1) of Chapter 7 of Division 1 of Title 2 of the Government Code.

(t) “Tanker” means any self-propelled, waterborne vessel, constructed or adapted for the carriage of oil in bulk or in commercial quantities as cargo.

(u) “Vessel” means a tanker or barge as defined in this section.

history: (History: Amended by Stats. 2021, Ch. 115, Sec. 65. (AB 148) Effective July 22, 2021.)

division: 7.8. OIL SPILL PREVENTION AND RESPONSE

chapter: 1. General Provisions

path: 7.8. OIL SPILL PREVENTION AND RESPONSE > 1. General Provisions


citation: PRC § 8751

text: Notwithstanding any other provision of law, this division shall be applicable to all terminals, pipelines, facilities, vessels, and activities in the state, whether on lands that have been legislatively granted to local governments or on lands which remain ungranted.

history: (History: Added by Stats. 1990, Ch. 1248, Sec. 19. Effective September 24, 1990.)


citation: PRC § 8752

text: No tanker or barge may use any marine facility in the state unless the tanker or barge is in compliance with all applicable federal and state laws and regulations governing equipment, personnel, construction, financial responsibility, and operations relating to the prevention of oil spills.

path: 7.8. OIL SPILL PREVENTION AND RESPONSE > 2. Prevention, Inspection, Response, Containment, and Cleanup Programs


citation: PRC § 8753

text: All rules, regulations, and guidelines required pursuant to this chapter shall be adopted by January 1, 1992.

chapter: 2. Prevention, Inspection, Response, Containment, and Cleanup Programs


citation: PRC § 8754

text:
(a) The administrator may prohibit an owner or operator of a marine terminal from delivering or accepting oil to or from any tanker or barge if the administrator finds, after noticed hearing, that the owner or operator has violated this chapter and that previous convictions, judgments, or settlements for those violations occurred during the prior three years and meet all of the following criteria:

(1) The violations have not been corrected or reasonable progress toward correction has not been achieved.

(2) The violations demonstrate a recurring pattern of noncompliance.

(3) The violations pose, or have posed, a significant risk to public health and safety or to the environment.

(b) The administrator shall not order the termination of operations pursuant to subdivision (a) if the decision to deny is based, in whole or in part, on violations that were resolved through a settlement, unless the administrator presents substantial evidence proving that the violations did occur and the applicant is then given the opportunity to rebut the evidence of the administrator.

(c) The administrator may allow terminals to resume transfers to and from the tankers or barges described if, after noticed hearing, the administrator is satisfied that the owner or operator has corrected all violations and will comply with all of the provisions of this division.

history: (History: Amended by Stats. 1991, Ch. 1091, Sec. 128.)


citation: PRC § 8755

text:
(a) The administrator and the executive officer of the commission shall confer and propose, and the commission shall adopt, rules, regulations, guidelines, and commission leasing policies for reviewing the location, type, character, performance standards, size, and operation of all existing and proposed marine terminals within the state, whether or not on lands leased from the commission, and all other marine facilities on lands under lease from the commission to minimize the possibilities of a discharge of oil. Rules, regulations, and guidelines adopted by the commission shall not conflict with regulations of the administrator or the Coast Guard. The commission shall ensure that the rules, regulations, guidelines, and commission lease covenants provide the best achievable protection of public health and safety and the environment. Any rules, regulations, and guidelines governing the location of a marine terminal on lands under lease from a local government or port district shall not include provisions for review by the commission of any specific location, provided the location chosen or approved by the local government meets standards specified in the rules, regulations, and guidelines.

(b) This section shall not apply to any aboveground oil storage tank located entirely onshore which is subject to inspection programs and regulation under Chapter 6.67 (commencing with Section 25270) of Division 20 of the Health and Safety Code. This section shall include pipelines that are within or part of marine terminals. This section shall not apply to pipelines that are used exclusively to transport petroleum products and are subject to the jurisdiction of the State Fire Marshal under either state or federal law.

(c) The commission shall consult with the administrator and other affected local and federal agencies with respect to the rules, regulations, and guidelines. The consultation with the administrator shall ensure, at a minimum, consistency with the requirements for vessels that the administrator adopts under Section 8670.17 of the Government Code.

(d) This section shall become operative on January 1, 2012.

history: (History: Repealed (in Sec. 70) and added by Stats. 2011, Ch. 133, Sec. 71. (AB 120) Effective July 26, 2011. Section operative January 1, 2012, by its own provisions.)


citation: PRC § 8756

text: The commission shall periodically review and accordingly modify its rules, regulations, guidelines, and commission leasing policies to ensure that all operators of marine terminals within the state and marine facilities under the commission’s jurisdiction always provide the best achievable protection of the public health and safety, and the environment. This section shall not apply to pipelines that are used exclusively to transport petroleum products and are subject to the jurisdiction of the State Fire Marshal under either state or federal law.


citation: PRC § 8757

text:
(a) The commission shall inspect or cause to be inspected, on a regular basis, all marine facilities, along with associated equipment and shall monitor their operations and the effects on public health, safety, and the environment. These inspection and monitoring activities shall, to the greatest extent possible, be coordinated with federal, state, and local agencies having lawful jurisdiction. The commission shall maintain a record of these activities for each marine facility.

(b) Any such inspection conducted under this chapter shall be coordinated to the maximum extent with other state, federal, and local agencies. The commission is specifically encouraged to enter into agreements that would permit other agencies with existing inspection programs, including, but not limited to, the Division of Oil and Gas, the California Coastal Commission, and the State Water Resources Control Board, to conduct the inspections required in this chapter. This section does not apply to pipelines that are used exclusively to transport petroleum products and are subject to the jurisdiction of the State Fire Marshal under either state or federal law.

history: (History: Amended by Stats. 1992, Ch. 1314, Sec. 9. Effective January 1, 1993.)


citation: PRC § 8758

text:
(a) Each operator of a marine facility shall prepare an operations manual describing equipment and procedures which the operator employs or will employ to protect public health and safety, and the environment and to prevent oil spills. The operations manual shall also describe equipment and procedures required for all vessels to or from which oil is transferred through use of the marine facility. The operations manual shall be submitted for approval to the commission.

(b) Every existing operator shall submit a manual within one year after the commission has adopted a program of rules, regulations, and guidelines as specified in this section.

(c) The commission shall approve the operations manual if the manual meets the governing rules, regulations, and guidelines adopted pursuant to subdivision (b). The commission shall deny approval of the operations manual if the commission finds the operations manual is not consistent with the rules, regulations, and guidelines. If the commission denies approval, it shall provide written reasons for its decision. The operator shall, within 90 days, submit a new manual responding to the reason for refusal and incorporating any suggested modifications.

(d) The operations manual shall be updated as necessary pursuant to the findings in the hazards and operability study or as when facility operations or technology change.

(e) The commission may require modification of the operations manual of any operator within its jurisdiction if the commission finds that the manual is no longer consistent with the rules, regulations, and guidelines adopted pursuant to subdivision (b).

(f) Once an operator’s operations manual has been approved, all equipment and operations of the operator’s marine facility shall be maintained or be carried out in accordance with the operations manual.

(g) All vessels docked at any marine facility in the state shall comply with the terms of the operations manual of the marine facility.

(h) The commission shall report to the administrator each marine facility whose operations manual is denied after the second submission. Failure to gain approval after the second submission may be determined by the administrator to be a violation of Chapter 7.4 (commencing with Section 8670.1) of Division 1 of Title 2 of the Government Code. The administrator shall take any action he or she determines to be necessary.

(i) This section does not apply to pipelines that are used exclusively to transport petroleum products and are subject to the jurisdiction of the State Fire Marshal under either state or federal law.


citation: PRC § 8759

text: The commission shall be reimbursed from the Oil Spill Prevention and Administration Fund for reasonable expenses undertaken under this division.


citation: PRC § 8760

text: The commission shall consult with the administrator, other state agencies, and agencies of the federal government, such as the United States Coast Guard and the Department of Transportation, to the maximum extent feasible, before undertaking actions pursuant to this division.


citation: PRC § 8801

text:
(a) The system of plane coordinates that has been established by the United States Coast and Geodetic Survey for defining and stating the positions or locations of points on the surface of the earth within the State of California is based on the North American Datum of 1927 and is identified as the “California Coordinate System.” After January 1, 1987, this system shall be known as the “California Coordinate System of 1927.”

(b) The system of plane coordinates which has been established by the National Geodetic Survey for defining and stating the positions or locations of points on the surface of the earth within the State of California and which is based on the North American Datum of 1983 shall be known as the “California Coordinate System of 1983.”

(c) As used in this chapter:

(1) “NAD27” means the North American Datum of 1927.

(2) “CCS27” means the California Coordinate System of 1927.

(3) “NAD83” means the North American Datum of 1983.

(4) “CCS83” means the California Coordinate System of 1983.

(5) “USC&GS” means the United States Coast and Geodetic Survey.

(6) “NGS” means the National Geodetic Survey or its successor.

(7) “FGCS” means the Federal Geodetic Control Subcommittee or its successor.

(8) “NATRF2022” means the North American Terrestrial Reference Frame of 2022.

(9) “PATRF2022” means the Pacific Terrestrial Reference Frame of 2022.

(10) “CCS2022” means the California Coordinate System of 2022.

(11) “CSRC” means the California Spatial Reference Center or its successor.

(12) “CSRN” means the California Spatial Reference Network, as defined by Chapter 3 (commencing with Section 8850), “Geodetic Datums and the California Spatial Reference Network.”

(13) “GPS” means Global Positioning System and includes other, similar space-based systems.

(14) “FGDC” means the Federal Geographic Data Committee or its successor.

(15) “NSRS” means the National Spatial Reference System.

(d) The California portion of the system of plane coordinates defined as the State Plane Coordinates System of 2022 (SPCS2022) as established by NGS and maintained by either NGS or CSRC shall be known as the “California Coordinate System of 2022.”

(e) The use of the term “State Plane Coordinates” refers only to CCS27, CCS83, and CCS2022 coordinates.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 1. (SB 566) Effective January 1, 2024.)

division: 8. SURVEYING AND MAPPING

chapter: 1. California Coordinate System

path: 8. SURVEYING AND MAPPING > 1. California Coordinate System


citation: PRC § 8802

text:
For CCS27, the state is divided into seven zones. For CCS83, the state is divided into six zones. Zone 7 of CCS27, which encompasses Los Angeles County, is eliminated and the area is included in Zone 5 of CCS83.

Each zone of CCS27 is a Lambert conformal conic projection based on Clarke’s Spheroid of 1866, which is the basis of NAD27. The points of control of zones one to six, inclusive, bear the coordinates: Northing (y) = 000.00 feet and Easting (x) = 2,000,000 feet. The point of control of Zone 7 bears the coordinates: Northing (y) = 4,160,926.74 feet and Easting (x) = 4,186,692.58 feet.

Each zone of CCS83 is a Lambert conformal conic projection based on the Geodetic Reference System of 1980, which is the basis of NAD83. The point of control of each of the six zones bear the coordinates: Northing (y) = 500,000 meters and Easting (x) = 2,000,000 meters.

The area included in the following counties constitutes Zone 1 of CCS27 and CCS83: Del Norte, Humboldt, Lassen, Modoc, Plumas, Shasta, Siskiyou, Tehama, and Trinity.

The area included in the following counties constitutes Zone 2 of CCS27 and CCS83: Alpine, Amador, Butte, Colusa, El Dorado, Glenn, Lake, Mendocino, Napa, Nevada, Placer, Sacramento, Sierra, Solano, Sonoma, Sutter, Yolo, and Yuba.

The area included in the following counties constitutes Zone 3 of CCS27 and CCS83: Alameda, Calaveras, Contra Costa, Madera, Marin, Mariposa, Merced, Mono, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus, and Tuolumne.

The area included in the following counties constitutes Zone 4 of CCS27 and CCS83: Fresno, Inyo, Kings, Monterey, San Benito, and Tulare.

The area included in the following counties and Channel Islands constitutes Zone 5 of CCS27: Kern, San Bernardino, San Luis Obispo, Santa Barbara (excepting Santa Barbara Island), and Ventura (excepting San Nicholas Island) and the Channel Islands of Santa Cruz, Santa Rosa, San Miguel, and Anacapa.

The area included in the following counties and Channel Islands constitutes Zone 5 of CCS83: Kern, Los Angeles (excepting San Clemente and Santa Catalina Islands), San Bernardino, San Luis Obispo, Santa Barbara (excepting Santa Barbara Island), and Ventura (excepting San Nicholas Island) and the Channel Islands of Santa Cruz, Santa Rosa, San Miguel, and Anacapa.

The area included in the following counties and Channel Islands constitutes Zone 6 of CCS27 and CCS83: Imperial, Orange, Riverside, and San Diego and the Channel Islands of San Clemente, Santa Catalina, Santa Barbara, and San Nicholas.

The area included in Los Angeles County constitutes Zone 7 of CCS27.

history: (History: Amended by Stats. 2005, Ch. 158, Sec. 29.3. Effective January 1, 2006.)


citation: PRC § 8803

text:
Zone 1 coordinates shall be named, and, on any map on which they are used, they shall be designated as “CCS27, Zone 1 or CCS83, Zone 1.”

On their respective spheroids of reference: (1) the standard parallels of CCS27, Zone 1 and CCS83, Zone 1 are at north latitudes 40 degrees 00 minutes and 41 degrees 40 minutes, along which parallels the scale shall be exact; and (2) the point of control of coordinates is at the intersection of the zone’s central meridian, which is at 122 degrees 00 minutes west longitude, with the parallel 39 degrees 20 minutes north latitude.

history: (History: Amended by Stats. 1986, Ch. 611, Sec. 3.)


citation: PRC § 8804

text:
Zone 2 coordinates shall be named, and, on any map on which they are used, they shall be designated as “CCS27, Zone 2 or CCS83, Zone 2.”

On their respective spheroids of reference: (1) the standard parallels of CCS27, Zone 2 and CCS83, Zone 2 are at north latitudes 38 degrees 20 minutes and 39 degrees 50 minutes, along which parallels the scale shall be exact; and (2) the point of control of coordinates is at the intersection of the zone’s central meridian, which is at 122 degrees 00 minutes west longitude, with the parallel 37 degrees 40 minutes north latitude.

history: (History: Amended by Stats. 1986, Ch. 611, Sec. 4.)


citation: PRC § 8805

text:
Zone 3 coordinates shall be named, and, on any map on which they are used, they shall be designated as “CCS27, Zone 3 or CCS83, Zone 3.”

On their respective spheroids of reference: (1) the standard parallels of CCS27, Zone 3 and CCS83, Zone 3 are at north latitudes 37 degrees 04 minutes and 38 degrees 26 minutes, along which parallels the scale shall be exact; and (2) the point of control of coordinates is at the intersection of the zone’s central meridian, which is at 120 degrees 30 minutes west longitude, with the parallel 36 degrees 30 minutes north latitude.

history: (History: Amended by Stats. 1986, Ch. 611, Sec. 5.)


citation: PRC § 8806

text:
Zone 4 coordinates shall be named, and, on any map on which they are used, they shall be designated as “CCS27, Zone 4 or CCS83, Zone 4.”

On their respective spheroids of reference: (1) the standard parallels of CCS27, Zone 4 and CCS83, Zone 4 are at north latitudes 36 degrees 00 minutes and 37 degrees 15 minutes, along which parallels the scale shall be exact; and (2) the point of control of coordinates is at the intersection of the zone’s central meridian, which is at 119 degrees 00 minutes west longitude, with the parallel 35 degrees 20 minutes north latitude.

history: (History: Amended by Stats. 1986, Ch. 611, Sec. 6.)


citation: PRC § 8807

text:
Zone 5 coordinates shall be named, and, on any map on which they are used, they shall be designated as “CCS27, Zone 5 or CCS83, Zone 5.”

On their respective spheroids of reference: (1) the standard parallels of CCS27, Zone 5 and CCS83, Zone 5 are at north latitudes 34 degrees 02 minutes and 35 degrees 28 minutes, along which parallels the scale shall be exact; and (2) the point of control of coordinates is at the intersection of the zone’s central meridian, which is at 118 degrees 00 minutes west longitude, with the parallel 33 degrees 30 minutes north latitude.

history: (History: Amended by Stats. 1986, Ch. 611, Sec. 7.)


citation: PRC § 8808

text:
Zone 6 coordinates shall be named, and, on any map on which they are used, they shall be designated as “CCS27, Zone 6 or CCS83, Zone 6.”

On their respective spheroids of reference: (1) the standard parallels of CCS27, Zone 6 and CCS83, Zone 6 are at north latitudes 32 degrees 47 minutes and 33 degrees 53 minutes, along which parallels the scale shall be exact; and (2) the point of control of coordinates is at the intersection of the zone’s central meridian, which is at 116 degrees 15 minutes west longitude, with the parallel 32 degrees 10 minutes north latitude.

history: (History: Amended by Stats. 1986, Ch. 611, Sec. 8.)


citation: PRC § 8809

text:
Zone 7 coordinates shall be named, and, on any map on which they are used, they shall be designated as “CCS27, Zone 7.”

On its respective spheroid of reference: (1) the standard parallels of CCS27, Zone 7 are at north latitudes 33 degrees 52 minutes and 34 degrees 25 minutes, along which parallels the scale shall be exact; and (2) the point of control of coordinates is at the intersection of the zone’s central meridian, which is at 118 degrees 20 minutes west longitude, with the parallel 34 degrees 08 minutes north latitude.

history: (History: Amended by Stats. 2005, Ch. 158, Sec. 29.4. Effective January 1, 2006.)


citation: PRC § 8810

text: The plane coordinates of a point on the earth’s surface, to be used in expressing the position or location of the point in the appropriate zone of CCS27 or CCS83, shall consist of two distances, expressed in feet and decimals of a foot or meters and decimals of a meter. One of these distances, to be known as the “East x-coordinate,” shall give the distance east of the Y axis; the other, to be known as the “North y-coordinate,” shall give the distance north of the X axis. The Y axis of any zone shall be parallel with the central meridian of that zone. The X axis of any zone shall be at right angles to the central meridian of that zone. When the values are expressed in feet, the “U.S. Survey foot,” (one foot equals 1200/3937 meters) shall be used as the standard foot for CCS27 and CCS83. For CCS2022, the official conversion, commonly called the international foot, shall be used (one foot equals 0.3048 meters).

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 2. (SB 566) Effective January 1, 2024.)


citation: PRC § 8811

text: If the survey of any parcel of land extends from one coordinate zone into another, the positions of all points delineated upon the map thereof may be referred to either of these zones. The zone which is used shall be specifically named in the title upon the map.

history: (History: Added by renumbering Section 8812 by Stats. 2002, Ch. 454, Sec. 26. Effective January 1, 2003.)


citation: PRC § 8812

text: Prior to January 1, 2000, state plane coordinates shall be based on, or derived from, the plane coordinates of monumented second order or better horizontal control stations that have been published by the USC&GS or NGS. Any survey or map that uses those coordinates shall be based on, and show, established field-observed direct connections to at least two stations of corresponding or better accuracy whose credentials are based upon published stations of the USC&GS or NGS. The geodetic positions of CCS27 and CCS83 stations that are used to increase the density of control and that purport to be of second order or better accuracy shall have been surveyed in conformity with the applicable survey standards and specifications in effect at the time of the survey as defined by the FGCS.

history: (History: Added by Stats. 2002, Ch. 454, Sec. 27. Effective January 1, 2003.)


citation: PRC § 8813

text:
After December 31, 1999, and prior to January 1, 2006, any survey or map that uses state plane coordinates shall be based on, and show, field-observed direct connections to at least two horizontal reference stations that are one of the following:

(a) Included in the CSRN.

(b) Located outside the State of California and meet all the requirements for inclusion in the CSRN, except for the requirement that they be inside California.

(c) Shown on a subdivision map, record of survey, or a map filed with the county surveyor by a public officer and whose horizontal positions have been determined by Global Positioning System survey methods in accordance with first order or better FGCS standards and specifications and whose state plane coordinates are based on field-observed direct, nontrivial connections to at least two stations that are included in subdivision (a) or (b).

history: (History: Amended by Stats. 2005, Ch. 158, Sec. 29.5. Effective January 1, 2006.)


text:
On and after December 31, 2005, a survey that uses or establishes a CCS83 value or values shall meet all of the following requirements:

(a) (1) The survey shall be referenced to and shall have field-observed statistically independent connections to one or more horizontal reference stations, except as provided in paragraph (2), that is or are one of the following:

(A) CSRN station.

(B) Geodetic control station located outside of the State of California that meets all the requirements for inclusion in the CSRN except that the station is outside California.

(C) Existing CCS83 station that is all of the following:

(i) Is shown on a map filed with the applicable county surveyor by a public officer, subdivision map, corner record, or record of survey.

(ii) Meets all the requirements for inclusion in the CSRN, except that the station and its data are not published by NGS or CSRC.

(iii) Has an accuracy, conforming to the applicable CSRN requirements, stated for the station’s value.

(D) Existing CCS83 station that is all of the following:

(i) Is shown on a public map or document that is compiled and maintained by the applicable county surveyor.

(ii) Meets all the requirements for inclusion in the CSRN, except that the station and its data are not published by NGS or CSRC.

(iii) Has an accuracy, conforming to the applicable CSRN requirements, stated for the station’s value.

(2) On and after January 1, 2023, for purposes of a survey that establishes a CCS83 value or values, the survey shall be referenced to and shall have field-observed statistically independent connections to two or more horizontal reference stations.

(b) If an accuracy is to be claimed for the CCS83 value or values established, the claimed accuracy shall be an accuracy standard published by FGDC or FGCS.

history: (History: Amended by Stats. 2022, Ch. 302, Sec. 11. (SB 1120) Effective January 1, 2023.)


text:
After December 31, 2005, if an accuracy is claimed for a CCS83 value or values, the survey that established the value or values shall be documented on a map, record of survey, corner record, or other document that includes, in addition to other requirements in this chapter, the following:

(a) For each CCS83 station, the resultant CCS83 value or values.

(b) The FGDC or FGCS accuracy standard of the CCS83 value or values established. FGDC accuracies shall be identified as either a local or network accuracy.

(c) Additional written data that justifies the FGDC or FGCS accuracy standard shown. Such additional written data shall include observation equipment, control diagram including required field-observed statistically independent connection or connections, adjustment methodology and software used, a summary of the procedures used or a reference to published commonly accepted procedural specifications, final residuals or closures, and other data essential for others to evaluate the survey.

history: (History: Added by Stats. 2005, Ch. 158, Sec. 29.7. Effective January 1, 2006.)


text:
(a) After December 31, 2005, when a survey that uses or establishes a CCS83 value or values is shown on any document, the station or stations to which the CCS83 value or values are referenced and connected and the CCS83 value or values and the published or stated accuracy or accuracies of that reference station or stations shall be shown also on the document.

(b) If a CCS83 survey begins before January 1, 2006, and is not completed by that date, the CCS83 survey may be completed in accordance with Sections 8813 and 8815.4 of this chapter or Sections 8813.1, 8813.2, and 8813.3 of this chapter, at the surveyor’s option. All other applicable provisions of this chapter remain applicable.

history: (History: Added by Stats. 2005, Ch. 158, Sec. 29.8. Effective January 1, 2006.)


citation: PRC § 8814

text: State plane coordinates may be used for property identification on any map, survey, conveyance, or other instrument which delineates or affects the title to real property or which delineates, describes, or refers to the property, or any part thereof. However, to constitute, when recorded, constructive notice thereof under the recording laws, the delineating, describing, or referring to the property, or part thereof, shall also refer to data appearing of record in any office, the records of which constitute constructive notice under the recording laws. That record data shall be sufficient to identify the property without recourse to those coordinates, and in case of conflict between them, the references to that recorded data shall be controlling for the purpose of determining constructive notice under the recording laws.

history: (History: Amended by Stats. 1986, Ch. 611, Sec. 13.)


citation: PRC § 8815

text: The use of the term “California Coordinate System” on any map or document or in any field notes shall be suffixed either with “27” (shown as “CCS27”) for coordinates based on NAD27, with “83” (shown as “CCS83”) for coordinates based on NAD83, and with “2022” (shown as CCS2022) for coordinates based upon NATRF2022 or PATRF2022.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 3. (SB 566) Effective January 1, 2024.)


text: When CCS83 coordinates are shown on any map, corner record, or other document, the map, corner record, or document shall state the datum realization tag in parentheses and epoch date, in a decimal year format to two decimal places, that is the basis of the coordinate values shown. The datum realization tag and epoch date shall be shown on the map, corner record, or other document by an appropriate note on the map, corner record, or document or by adding a suffix in parentheses after CCS83 that states the epoch; for example, “CCS83 (2011) epoch 2010.00,” “CCS83 (NSRS) epoch 2007.00,” and so forth.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 4. (SB 566) Effective January 1, 2024.)


text: The epoch for a survey using CCS83 coordinates shall be the published NGS or CSRC datum realization and epoch date of a published coordinate for a controlling station used for that survey. These surveys performed after December 31, 1999, shall be based on the “NAD83 (1992) epoch 1991.35” datum realization and epoch or a subsequent published NGS or CSRC datum realization and epoch.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 5. (SB 566) Effective January 1, 2024.)


text: When the published epochs of the controlling stations for a survey using CCS83 or CCS2022 coordinates are not the same, appropriate adjustments shall be made to the horizontal positions of controlling stations so that the coordinates of all the controlling stations are consistent. These adjustments in the horizontal positions of controlling stations shall be made in accordance with procedures and values published by the NGS or CSRC.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 6. (SB 566) Effective January 1, 2024.)


text: When a purported order of accuracy of second order or better is shown for CCS83 or CCS2022 coordinate values on any map, corner record, or other document prior to January 1, 2006, that map, corner record, or other document shall use the order of accuracy as defined by the FGCS or FGDC If an FGCS or FGDC order of accuracy is claimed for a survey or a map, it shall be justified by additional written data that shows equipment, procedures, closures, adjustments, and a control diagram.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 7. (SB 566) Effective January 1, 2024.)


text: When CCS83 or CCS2022 coordinates are shown on any map, corner record, or record of survey, a mapping angle, combined grid factor, and the elevation used to determine the combined grid factor shall be shown on the map, corner record, or record of survey for at least one representative point.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 8. (SB 566) Effective January 1, 2024.)


citation: PRC § 8816

text: The use of the State Plane Coordinates by any person, corporation, or governmental agency engaged in land surveying or mapping is optional.

history: (History: Amended by Stats. 1986, Ch. 611, Sec. 15.)


citation: PRC § 8817

text: Prior to January 1, 1995, use of State Plane Coordinates for new projects may be based either on CCS27 or CCS83. On or after January 1, 1995, when State Plane Coordinates are used on new surveys and new mapping projects, the use shall be limited to CCS83. However, this section does not preclude a survey from retracement of a CCS27 survey. After January 1 2025, new surveys and mapping projects may be based upon CCS2022.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 9. (SB 566) Effective January 1, 2024.)


citation: PRC § 8818

text: This chapter does not impair or invalidate land titles, legal descriptions, or jurisdictional or land boundaries and, further, this chapter does not impair or invalidate references to, or the use of, CCS 27 coordinates, except as provided in Section 8817.

history: (History: Added by Stats. 1986, Ch. 611, Sec. 17.)


citation: PRC § 8819

text: This chapter does not prohibit the use of new surveying technologies or techniques for which FGCS specifications or other accepted specifications have not yet been published.

history: (History: Amended by Stats. 2005, Ch. 158, Sec. 29.13. Effective January 1, 2006.)


citation: PRC § 8831

text: It is the policy of the State of California to provide for basic topographic map coverage in aid of development and conservation of the natural and economic resources of the State.

history: (History: Added by Stats. 1953, Ch. 108.)

chapter: 2. Topographical Mapping

path: 8. SURVEYING AND MAPPING > 2. Topographical Mapping


citation: PRC § 8832

text: As used in this chapter, “department” means the Department of Water Resources.

history: (History: Amended by Stats. 1957, Ch. 1932.)


citation: PRC § 8833

text: The department shall investigate and prepare a complete report on mapping, including plans and recommendations for an adequate mapping program for California, and shall adopt a general plan and program for the accomplishment of the policy declared in this chapter. The general plan and program so adopted, or as amended or modified, shall be the authorized general plan and program to be carried out by the department. The department may from time to time make such further investigations and reports upon mapping as deemed proper by it in pursuance of the policy declared in this chapter.


citation: PRC § 8834

text: All map production work to be undertaken pursuant to this chapter shall be in cooperation with the federal government. With the approval of the Department of General Services, the department may enter into agreements or contracts with the federal government or any of its agencies for performance of map production work in accordance with the general plan and program.

history: (History: Amended by Stats. 1965, Ch. 371.)


citation: PRC § 8850

text: The official geodetic datums and spatial reference network for use within the State of California shall be as defined by this chapter.

history: (History: Added by Stats. 2005, Ch. 158, Sec. 29.14. Effective January 1, 2006.)

path: 8. SURVEYING AND MAPPING > 3. Geodetic Datums and the California Spatial Reference Network


citation: PRC § 8851

text:
As used in this chapter:

(a) “NGS” means National Geodetic Survey or its successor.

(b) “CSRC” means California Spatial Reference Center or its successor.

(c) “NAD83” means North American Datum of 1983.

(d) “NATRF2022” means the North American Terrestrial Reference Frame of 2022.

(e) “PATRF2022” means the Pacific Terrestrial Reference Frame of 2022.

(f) “NAVD88” means North American Vertical Datum of 1988.

(g) “NAPGD2022” means the North American-Pacific Geopotential Datum of 2022.

(h) “ITRF” means International Terrestrial Reference Frame as defined by the International Earth Rotation Service.

(i) “GPS” means Global Positioning System and includes other, similar space-based systems.

(j) “FGDC” means Federal Geographic Data Committee or it successor.

(k) “FGCS” means the Federal Geodetic Control Subcommittee or its successor.

(l) “CSRN” means California Spatial Reference Network.

(m) “NSRS” means the National Spatial Reference System.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 10. (SB 566) Effective January 1, 2024.)

chapter: 3. Geodetic Datums and the California Spatial Reference Network


citation: PRC § 8852

text: The official geodetic datum to which horizontal positions and ellipsoid heights are referenced within the State of California shall be NAD83, NATRF2022, or PATRF2022.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 11. (SB 566) Effective January 1, 2024.)


citation: PRC § 8853

text: The official geodetic datum to which orthometric heights are referenced within the State of California shall be NAVD88 or NAPGD2022.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 12. (SB 566) Effective January 1, 2024.)


citation: PRC § 8854

text: When horizontal positions, ellipsoid heights, or orthometric heights are shown on a document, the document shall show the geodetic datum, including datum realization tag and epoch date, if appropriate, to which the values are referenced, whether NAD83 (NSRS) epoch 2007.00, NATRF2022, NAVD88, NAPGD2022, ITRF, or another datum.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 13. (SB 566) Effective January 1, 2024.)


citation: PRC § 8855

text: The official geodetic reference network for use within the State of California shall be the CSRN as defined by this chapter.


citation: PRC § 8856

text:
The geodetic control stations within the State of California having horizontal positions conforming to all of the following requirements shall be part of the CSRN. The horizontal positions shall:

(a) Be referenced to NAD83 or NATRF2022.

(b) Have been determined by GPS survey methods.

(c) Be published by NGS or CSRC.

(d) Have a NGS or CSRC published network accuracy of two centimeters or better as defined by FGDC or a NGS or CSRC published accuracy of first order or better as defined by FGCS.

(e) Have a NGS or CSRC published horizontal velocity or a horizontal velocity that can be determined using procedures and values published by NGS or CSRC.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 14. (SB 566) Effective January 1, 2024.)


citation: PRC § 8857

text:
The geodetic control stations within the State of California having ellipsoid heights conforming to all of the following requirements shall be part of the CSRN. The ellipsoid heights shall:

(a) Be referenced to NAD83 or NATRF2022.

(b) Have been determined by GPS survey methods.

(c) Be published by NGS or CSRC.

(d) Have a NGS or CSRC published network accuracy of five centimeters or better as defined by FGDC or a NGS or CSRC published accuracy of fourth order, class II, or better as defined by FGCS.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 15. (SB 566) Effective January 1, 2024.)


citation: PRC § 8858

text:
The geodetic control stations within the State of California having orthometric heights determined by GPS survey methods and conforming to all of the following requirements shall be part of the CSRN. The orthometric heights shall:

(a) Be based on NAD83 and referenced to NAVD88, or alternatively, NATRF2022 and NAPGD2022.

(b) Be published by NGS or CSRC.

(c) Have a NGS or CSRC published network accuracy of five centimeters or better as defined by FGDC.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 16. (SB 566) Effective January 1, 2024.)


citation: PRC § 8859

text:
The geodetic control stations within the State of California having orthometric heights determined by differential leveling survey methods and conforming to all of the following requirements shall be part of the CSRN. The orthometric heights shall:

(a) Be referenced to NAVD88.

(b) Be published by NGS or CSRC.

(c) Have a NGS or CSRC published accuracy of third order, class II or better as defined by FGCS.


citation: PRC § 8860

text: The use of the NAD83, NATRF2022, PATRF2022, NAVD88, NAPGD2022, and CSRN by any person, firm, or governmental agency is optional.

history: (History: Amended by Stats. 2023, Ch. 111, Sec. 17. (SB 566) Effective January 1, 2024.)


citation: PRC § 8861

text: The provisions of this chapter shall not be construed to prohibit the appropriate use of other datums, including ITRF, and other geodetic reference networks.


citation: PRC § 8870

text: Geodetic coordinates within the State of California that are based on the North American Datum of 1983 and conforming to the provisions of this chapter shall be known as “California Geodetic Coordinates of 1983.”

history: (History: Added by Stats. 2005, Ch. 158, Sec. 29.15. Effective January 1, 2006.)

chapter: 4. California Geodetic Coordinates

path: 8. SURVEYING AND MAPPING > 4. California Geodetic Coordinates


citation: PRC § 8871

text:
As used in this chapter:

(a) “NGS” means National Geodetic Survey or its successor.

(b) “CSRC” means California Spatial Reference Center or its successor.

(c) “NAD83” means North American Datum of 1983.

(d) “GPS” means Global Positioning System and includes other, similar spaced-based systems.

(e) “FGDC” means the Federal Geographic Data Committee or its successor.

(f) “FGCS” means the Federal Geodetic Control Subcommittee or its successor.

(g) “CSRN” means California Spatial Reference Network as defined by Chapter 3 (commencing with Section 8850), “Geodetic Datums and the California Spatial Reference Network.”

(h) “CGC83” means California Geodetic Coordinates of 1983.


citation: PRC § 8872

text: The phrase “California Geodetic Coordinates of 1983” or any abbreviation thereof, such as “CGC83,” shall be used only in reference to geodetic coordinates based on NAD83 and conforming to the provisions of this chapter.


citation: PRC § 8873

text: CGC83 values shall be expressed as latitude, longitude, or ellipsoid height values or as Cartesian coordinates (x, y, z). When Cartesian coordinates are used, the symbols and conventions utilized shall be the same as that used by NGS.


citation: PRC § 8874

text:
CGC83 latitude and longitude values shall be expressed in degrees, minutes, seconds, and decimals of a second, or degrees and decimals of a degree. CGC83 ellipsoid height values shall be expressed in meters and decimals of a meter or feet and decimals of a foot. When ellipsoid height values are expressed in feet, the “U.S. Survey Foot” (one foot equals 1200/3937 meters) shall be used as the standard foot. CGC83 Cartesian coordinate values shall be expressed in meters and decimals of a meter.

When CGC83 values are stated on any document, the unit of measure shall be clearly stated.


citation: PRC § 8875

text:
The survey that establishes a CGC83 value or values shall meet all of the following requirements:

(a) The survey shall be referenced to and shall have field-observed statistically independent connections to one or more appropriate reference stations that is one of the following:

(1) CSRN station.

(2) Geodetic control station located outside of the State of California that meets all the requirements for inclusion in the CSRN except that the station is outside California.

(3) Existing CGC83 station that:

(A) Is shown on a map filed with the applicable county surveyor by a public officer, subdivision map, corner record, or record of survey.

(B) Meets all the requirements for inclusion in the CSRN except that the station and its data are not published by NGS or CSRC.

(C) Has an accuracy, conforming to the applicable CSRN requirements, stated for the station’s value.

(4) Existing CGC83 station that is shown on a public map or document that:

(A) Is compiled and maintained by the applicable county surveyor.

(B) Meets all the requirements for inclusion in the CSRN except that the station and its data are not published by NGS or CSRC.

(C) Has an accuracy, conforming to the applicable CSRN requirements, stated for the station’s value.

(b) If an accuracy is to be claimed for the CGC83 value or values established, the claimed accuracy shall be an accuracy standard published by FGDC or FGCS.


citation: PRC § 8876

text:
If an accuracy is claimed for a CGC83 value or values, the survey that established the value or values shall be documented on a map, record of survey, corner record, or other document that includes, at a minimum, the following:

(a) For each CGC83 station, the resultant CGC83 value or values.

(b) The epoch (date), in a decimal year format to two decimal places, that is the basis of the CGC83 values shown. The epoch shall be the published NGS or CSRC epoch of a controlling station for the survey.

If the published epochs for the horizontal positions of the controlling stations are not the same, appropriate adjustments shall be made to the horizontal values of the controlling stations so that said values of all the controlling stations are at one consistent epoch published by NGS or CSRC. These adjustments in the coordinates of the controlling stations shall be made in accordance with procedures and values published by NGS or CSRC.

(c) The FGDC and FGCS accuracy standard of the CGC83 value or values established. FGDC accuracies shall be identified as either a local or network accuracy.

(d) Additional written data that justifies the FGDC or FGCS accuracy standard shown. Such additional written data shall include observation equipment, control diagram including required field-observed statistically independent connection or connections, adjustment methodology and software used, a summary of the procedures used or a reference to published commonly accepted procedural specifications, final residuals or closures, and other data essential for others to evaluate the survey.


citation: PRC § 8877

text:
When a CGC83 value or values are shown on any document, the document shall include the following:

(a) A statement that the geodetic coordinate value or values shown are a CGC83 value or values; exceptions shall be noted.

(b) The station or stations to which the CGC83 value or values are referenced and connected and the geodetic coordinate value or values and the published or stated accuracy or accuracies of said reference station or stations.

(c) The epoch of the CGC83 value or values shown. The epoch shall conform to provisions of subdivision (b) of Section 8876.


citation: PRC § 8878

text: The use of CGC83 by any person, firm, or governmental agency is optional.


citation: PRC § 8879

text: This chapter does not impair or invalidate land titles, legal descriptions, or jurisdictional or land boundaries and, further, this chapter does not impair or invalidate references to, or the use of, datums or latitude, longitude, or ellipsoid height values or other geodetic coordinate values that do not conform to this chapter except as specified in Section 8872.


citation: PRC § 8880

text: This chapter does not prohibit the use of new surveying technologies or techniques for which FGCS specifications or other accepted specifications have not yet been published.


citation: PRC § 8890

text: Orthometric heights within the State of California that are based on the North America Vertical Datum of 1988 and conforming to the provisions of this chapter shall be known as “California Orthometric Heights of 1988.” Orthometric heights are commonly referred to as “elevations.”

history: (History: Added by Stats. 2005, Ch. 158, Sec. 29.16. Effective January 1, 2006.)

chapter: 5. California Orthometric Heights

path: 8. SURVEYING AND MAPPING > 5. California Orthometric Heights


citation: PRC § 8891

text:
As used in this chapter:

(a) “NGS” means National Geodetic Survey or its successor.

(b) “CSRC” means California Spatial Reference Center or its successor.

(c) “NAVD88” means North American Vertical Datum of 1988.

(d) “GPS” means Global Positioning System and includes other, similar space-based systems.

(e) “FGDC” means the Federal Geographic Data Committee or its successor.

(f) “FGCS” means the Federal Geodetic Control Subcommittee or its successor.

(g) “CSRN” means California Spatial Reference Network as defined by Chapter 3 (commencing with Section 8850), “Geodetic Datums and the California Spatial Reference Network.”

(h) “COH88” means California Orthometric Heights of 1988.


citation: PRC § 8892

text: The phrase “California Orthometric Heights of 1988” or any abbreviation, such as “COH88,” thereof shall be used only in reference to orthometric heights based on NAVD88 and conforming to the provisions of this chapter.


citation: PRC § 8893

text: COH88 values shall be expressed in meters and decimals of a meter or in feet and decimals of a foot. When COH88 values are expressed in feet, the “U.S. Survey Foot,” (one foot equals 1200/3937 meters) shall be used as the standard foot.


citation: PRC § 8894

text: COH88 values that are determined from differential leveling surveys shall be known as “leveled COH88” values. COH88 values that are determined from GPS surveys and the appropriate application of a geoid model shall be known as “derived COH88” values.


citation: PRC § 8895

text: When a geoid model is used to determine derived COH88 values, it shall be the latest geoid model published by NGS.


citation: PRC § 8896

text: The accuracy of derived COH88 values may be improved by applying a “local orthometric height correction” to the geoid height determined from the latest, applicable geoid model published by NGS.


citation: PRC § 8897

text:
The survey that establishes a COH88 value or values shall meet all of the following requirements:

(a) The survey shall be referenced to and shall have field-observed statistically independent connections to one or more orthometric height reference stations that is or are one of the following:

(1) CSRN station.

(2) Geodetic control station located outside of the State of California that meets all the requirements for inclusion in the CSRN except that the station is outside California.

(3) Existing COH88 station that (A) is shown on a map filed with the applicable county surveyor by a public officer, subdivision map, corner record, or record of survey, (B) meets all the requirements for inclusion in the CSRN, except that the station and its data are not published by NGS or CSRC, and (C) has an accuracy, conforming to the applicable CSRN requirements, stated for the station’s value.

(4) Existing COH88 station that is shown on a public map or document that (A) is compiled and maintained by the applicable county surveyor, (B) meets all the requirements for inclusion in the CSRN except that the station and its data are not published by NGS or CSRC, and (C) has an accuracy, conforming to the applicable CSRN requirements, stated for the station’s value.

(b) If an accuracy is to be claimed for the COH88 value or values established, the claimed accuracy shall be an accuracy standard published by FGDC or FGCS.


citation: PRC § 8898

text:
If an accuracy is claimed for a COH88 value or values, the survey that established the value or values shall be documented on a map, record of survey, corner record, or other document that includes, at a minimum, the following:

(a) For each COH88 station, the resultant COH88 value.

(b) For each individual COH88 value, whether it is a leveled COH88 or a derived COH88 value.

(c) For leveled COH88 values, the beginning and ending dates of the observations used to determine the values.

(d) For derived COH88 values, the date of the NGS geoid model used to determine the values.

(e) When derived COH88 values are shown and reflect the application of a “local orthometric height correction model,” written data that justifies the model’s validity. Such written data shall include a summary of the procedures, computations, analysis, and validation process used to develop the model.

(f) For derived COH88 values, the epoch (date), in a decimal year format to two decimal places, that is the basis of the COH88 values shown. Said epoch shall be the published NGS or CSRC epoch of a controlling station for the survey.

(g) The FGDC or FGCS accuracy standard of the COH88 value or values established. FGDC accuracies shall be identified as either a local or network accuracy.

(h) Additional written data that justifies the FGDC or FGCS accuracy standard shown. Such additional written data shall include observation equipment, control diagram including required field-observed statistically independent connection or connections, adjustment methodology and software used, a summary of the procedures used or a reference to a published commonly accepted procedural specifications, final residuals or closures, and other data essential for others to evaluate the survey.


citation: PRC § 8899

text:
When a COH88 value or values are shown on any document, the document shall include the following:

(a) A statement that the orthometric height or heights shown are a COH88 value or values; exceptions shall be noted.

(b) The station or stations to which the COH88 value or values are referenced and connected and the orthometric height value or values and the published or stated accuracy or accuracies of said referenced station or stations.


citation: PRC § 8900

text: The use of COH88 by any person, firm, or governmental agency is optional.


citation: PRC § 8901

text: This chapter does not impair or invalidate land titles, legal descriptions, or jurisdictional or land boundaries and, further, this chapter does not impair or invalidate references to, or the use of, datums, elevations, orthometric heights, or other height values that do not conform to this chapter except as specified in Section 8892 in this chapter.


citation: PRC § 8902


citation: PRC § 9001

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

(1) Resource conservation, enhancement, restoration, adaptation, and resilience are of fundamental importance to the prosperity and welfare of the people of this state. The Legislature believes that the state must assume leadership in formulating and putting into effect a statewide program of soil, water, and biodiversity conservation, enhancement, restoration, adaptation, and resilience and related natural resource conservation.

(2) The climate crisis is happening now, impacting California in unprecedented ways, including intensifying wildfires, mudslides, floods, and drought, sea level rise, and extreme heat, that threaten our economy, communities, public safety, and cultural and natural resources.

(3) Resource conservation districts are important partners to the state in achieving the state’s ever-evolving goals to protect, conserve, restore, and enhance natural resources and to mitigate and adapt to the impacts of climate change.

(4) This division is enacted to accomplish the following purposes:

(A) To provide the means by which the state may cooperate with the United States and with resource conservation districts organized pursuant to this division in securing the adoption in this state of conservation, enhancement, restoration, adaptation, and resilience practices, including, but not limited to, farm, range, open space, urban development, wildlife, recreation, watershed, water quality, and woodland, best adapted to save the basic resources, soil, water, and air of the state from unreasonable and economically preventable waste and destruction.

(B) To provide for the organization and operation of resource conservation districts for the purposes of the protection, conservation, restoration, or enhancement of natural resources, the improvement or enhancement of adaptation or resilience to climate change, the mitigation or sequestration of carbon emissions on natural lands and working lands, soil and water conservation, the control of runoff, the prevention and control of soil erosion, and erosion stabilization, including, but not limited to, these purposes in open areas, agricultural areas, urban development, wildlife areas, recreational developments, watershed management, the protection of water quality and water reclamation, the development of storage and distribution of water, and the treatment of each acre of land according to its needs.

(b) The districts, in addition to any other authority provided by law, may do all of the following:

(1) Ensure consistency with the authorities and policies of the United States, this state, counties, cities, public districts, other resource conservation districts, persons, associations, and corporations.

(2) With the consent of the owner, construct on privately or publicly owned lands any necessary works for the protection, conservation, restoration, or enhancement of natural resources, the improvement or enhancement of adaptation or resilience to climate change, the mitigation or sequestration of carbon emissions, or the prevention and control of soil erosion and erosion stabilization.

(3) Facilitate coordinated resource management efforts for watershed restoration and enhancement.

(4) Develop and implement projects and programs for the conservation, enhancement, restoration, adaptation, and resilience of soil, water, and biodiversity and related natural resource conservation.

(c) The districts shall not conserve water for power purposes or produce or distribute power for their own use or for the use of others.

history: (History: Amended by Stats. 2022, Ch. 585, Sec. 4. (AB 1902) Effective January 1, 2023.)

division: 9. RESOURCE CONSERVATION

article: 1. Policy of State

path: 9. RESOURCE CONSERVATION > 1. General Provisions > 1. Policy of State


text:
(a) It is the policy of the state that the protection and management of natural and working lands is an important strategy in meeting the state’s greenhouse gas emissions reduction goals. The protection and management of those lands can result in the removal of carbon from the atmosphere and the sequestration of carbon in, above, and below the ground.

(b) The protection and management of natural and working lands provides multiple public benefits, including, but not limited to, assisting with adaptation to the impacts of climate change, improving water quality and quantity, flood protection, ensuring healthy fish and wildlife populations, and providing recreational and economic benefits.

(c) All state agencies, including, but not limited to, the Natural Resources Agency, the Department of Food and Agriculture, and the California Environmental Protection Agency, and their respective departments, boards, and commissions, shall consider the policy set forth in this section when revising, adopting, or establishing policies, regulations, expenditures, or grant criteria relating to the protection and management of natural and working lands. State agencies shall implement this requirement in conjunction with the state’s other strategies to meet its greenhouse gas emissions reduction goals and with the intent to, among other things, promote the cooperation of owners of natural and working lands.

(d) For purposes of this section, the following terms have the following meanings:

(1) “Working lands” means lands used for farming, grazing, or the production of forest products.

(2) “Natural lands” means lands consisting of forests, grasslands, deserts, freshwater and riparian systems, wetlands, coastal and estuarine areas, watersheds, wildlands, or wildlife habitat, or lands used for recreational purposes such as parks, urban and community forests, trails, greenbelts, and other similar open-space land. For purposes of this paragraph, “parks” includes, but is not limited to, areas that provide public green space.

(e) Nothing in this section shall affect the existing authority of a city, county, city and county, state agency, department, commission, or board relating to natural and working lands.

history: (History: Added by Stats. 2016, Ch. 545, Sec. 2. (SB 1386) Effective January 1, 2017.)

article: 1. Policy of State


citation: PRC § 9002

text:
It is hereby declared as a matter of legislative determination:

(a) That the construction and maintenance on privately or publicly owned land of works for resource conservation is in the general public interest and for the general public benefit.

(b) That the expenditure of state, county, city, district, or other public funds that are available or may become available for planning, designing, or implementing the above and for the construction or maintenance of such control or preventive works on privately or publicly owned land constitutes expenditure for the general public benefit.

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

article: 1. Policy of State


citation: PRC § 9003

text: The Legislature hereby finds and declares that resource conservation districts are legal subdivisions of the state and, as such, are not-for-profit entities. For the purpose of contracting with state agencies only, resource conservation districts shall be considered agencies of the state.

history: (History: Added by Stats. 1996, Ch. 994, Sec. 1. Effective January 1, 1997.)

article: 1. Policy of State


citation: PRC § 9015

text: As used in this division the following terms have the meanings attributed to them in this article, unless the context otherwise requires.

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

article: 2. Definitions

path: 9. RESOURCE CONSERVATION > 1. General Provisions > 2. Definitions


citation: PRC § 9016

text: “Commission” means the State Resource Conservation Commission.

article: 2. Definitions


citation: PRC § 9017

text: “Department” means the Department of Conservation.

article: 2. Definitions


citation: PRC § 9018

text: “Director” means the Director of Conservation.

article: 2. Definitions


citation: PRC § 9019

text: “Division” means the Division of Resource Conservation of the department.

article: 2. Definitions


citation: PRC § 9020

text: “Chief” means the Chief of the Division of Resource Conservation.

article: 2. Definitions


citation: PRC § 9021

text: “District” or “soil conservation district” means a resource conservation district.

article: 2. Definitions


citation: PRC § 9022

text: “Public district” means a district established under the law of this state, other than a resource conservation district.

article: 2. Definitions


citation: PRC § 9023

text: “Directors” means the board of directors of a district, and when powers are conferred or duties are imposed upon directors in this division the powers shall be exercised and the duties performed by the directors acting as a body and not as individuals.

article: 2. Definitions


citation: PRC § 9024

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

article: 2. Definitions


citation: PRC § 9025

text: “Principal county” means the county in which all or the greatest portion of privately owned land of a district is situated. The principal county remains the same regardless of any change in boundaries. The principal county of a consolidated district is that county in which all or the greatest portion of the privately owned area in the consolidated district is located.

article: 2. Definitions


citation: PRC § 9026

text: “Principal district” means the district which has the greater land area of two districts proposed to be consolidated.

article: 2. Definitions


citation: PRC § 9027

text:
“Landowner” or “owner of land” includes a holder of evidence of title and, also, a holder of land under a possessory right acquired by entry or purchase from the United States or the State of California. A guardian, executor, administrator, or other person holding property in a trust capacity under an appointment of court is the “owner” of such property for the purposes of this division and as such may do and perform any act provided for herein when authorized by an order of court which order may be made without notice.

If any land is assessed on the assessment roll to unknown or fictitiously named owners, or to unnamed owners in addition to any owner or owners named thereon, the land has, for the purposes of this division, but one owner in addition to any owner or owners whose true name or names may be purported to be given on the assessment book.

The holder of title to an undivided interest in any land is an owner as to his interest for the purposes of this division, and such undivided interests shall be counted and valued as though they were separate interests. If the assessment roll fails to indicate the extent of any undivided interest, the holders of title whose undivided interests are not specifically defined are owners for the purposes of this division, of equal shares therein.

The value of any land and the owners of any land are conclusively determined, for the purposes of this division, by the last equalized assessment roll.

article: 2. Definitions


citation: PRC § 9028

text: “Land occupant” or “occupant of land” means a person in possession of land within a district whether as owner, lessee, tenant, or otherwise. A person legally entitled to possession of land is a land occupant as to that land whether in actual possession or not. A person in actual possession of land is a land occupant regardless of his right of possession.

article: 2. Definitions


citation: PRC § 9029

text: “Voter” means an elector who is registered to vote pursuant to Chapter 2 (commencing with Section 2100) of Division 2 of the Elections Code, and residing within the district.

history: (History: Amended by Stats. 1994, Ch. 923, Sec. 170. Effective January 1, 1995.)

article: 2. Definitions


citation: PRC § 9030

text: “Proxy” means a written authorization to sign a petition. Landowners may sign petitions under this division by proxy. The proxy of an individual landowner shall be acknowledged by him. The holder of a proxy of an individual landowner shall be an individual 18 years of age or over or a corporation, partnership, or other legal entity. The proxy of a corporation shall contain a statement by the secretary or manager of the corporation that the proxy was authorized by the corporation. A corporation owning land may sign a petition only by proxy.

article: 2. Definitions


citation: PRC § 9031

text: “Person” includes person, association, or corporation.

article: 2. Definitions


citation: PRC § 9032

text: “Assessment roll” means the entire assessment roll upon the basis of which real property is taxed for county purposes.

article: 2. Definitions


citation: PRC § 9033

text: “Assessment records” includes the assessment roll and all maps and other records relating to the assessment, levy, and collection of taxes, whether in the custody of the assessor or not.

article: 2. Definitions


citation: PRC § 9034

text: “Assessor” means the assessing officer of a county by whatever title he may be known.

article: 2. Definitions


citation: PRC § 9041

text: This Division 9 of the Public Resources Code, insofar as it is substantially the same as the Division 9 of that code repealed upon the enactment of this Division 9, shall be construed as a restatement and continuation of the existing law and not as a new enactment nor shall anything in this division impair the validity, the rights, or the obligations of any district formed prior to the effective date of this act.

article: 3. Applicability

path: 9. RESOURCE CONSERVATION > 1. General Provisions > 3. Applicability


citation: PRC § 9042

text: No action or proceeding relating to or arising out of the Division 9 of the Public Resources Code repealed upon the enactment of this Division 9 commenced before the effective date of this Division 9, and no right accrued, pursuant to that repealed Division 9, is affected by the provisions of this Division 9, but any step thereafter taken in such action or proceeding shall conform to the provisions of this Division 9 insofar as is possible.

article: 3. Applicability


citation: PRC § 9043

text: All persons who, at the time this Division 9 (commencing with Section 9001) goes into effect, are officers or employees of a soil conservation district operating under the Division 9 repealed upon the enactment of this Division 9 shall continue to be officers or employees, of a resource conservation district as though Division 9 had not been repealed.

article: 3. Applicability


citation: PRC § 9044

text: The Imperial Irrigation District may exercise the powers of a resource conservation district under this division in any area within its boundaries in which there is no resource conservation district organized and operating.

history: (History: Added by Stats. 1991, Ch. 831, Sec. 1.)

article: 3. Applicability


citation: PRC § 9051

text: There is in the Department of Conservation the Division of Resource Conservation.

article: 1. Organization

path: 9. RESOURCE CONSERVATION > 2. The Division of Resource Conservation > 1. Organization


citation: PRC § 9052

text: The Division of Resource Conservation is in charge of a chief, designated as Chief of the Division of Resource Conservation, who is appointed by the director with the advice and consent of the commission. The appointment shall be made pursuant to the State Civil Service Act from an eligible list prepared by the State Personnel Board from the results of an open examination.

chapter: 2. The Division of Resource Conservation

article: 1. Organization


citation: PRC § 9061

text: The chief shall be responsible to the director for properly carrying out his functions under this division.

article: 2. Powers and Duties

path: 9. RESOURCE CONSERVATION > 2. The Division of Resource Conservation > 2. Powers and Duties


citation: PRC § 9062

text: The chief shall assist in the formation, organization and operation of resource conservation districts.

article: 2. Powers and Duties


citation: PRC § 9063

text: He may advise with organized resource conservation districts as to plans and proposals relating to resource conservation activities, and, when such plans or proposals are presented to him, approve, disapprove, or suggest modifications of such plans or proposals.

article: 2. Powers and Duties


citation: PRC § 9064

text: He may, with the approval of the State Resource Conservation Commission, provide technical assistance to resource conservation districts to aid cooperators in carrying out conservation practices and to aid districts in developing plans for achieving their soil and water conservation objectives. These plans shall include but not be limited to watershed planning pursuant to the Watershed Protection and Flood Prevention Act (Public Law 566, Chapter 656, 83rd Congress, Second Session, as amended).

article: 2. Powers and Duties


citation: PRC § 9065

text: He may cooperate with the United States, any resource conservation district, county, public district, or person in the furtherance of the purposes of this division, and to that end may receive and use contributions of funds or services or both for the investigating of, or planning works for, the control of runoff or the control or prevention of soil erosion.

article: 2. Powers and Duties


citation: PRC § 9066

text: Insofar as consistent with the duties, obligations and responsibilities of other public agencies, the chief may promote coordination of the activities of such agencies in furtherance of the control of runoff and the prevention and control of soil erosion.

article: 2. Powers and Duties


citation: PRC § 9067

text: The chief may employ such clerical, technical, or other assistants as he deems necessary.

article: 2. Powers and Duties


citation: PRC § 9068

text: The official headquarters of the chief shall be at Sacramento, California.

article: 2. Powers and Duties


citation: PRC § 9069

text: All persons, other than temporary employees, serving in the state civil service and engaged in the performance of a function transferred to the Division of Resource Conservation, Department of Conservation or engaged in the administration of a law, the administration of which is transferred to said division, shall remain in the state civil service and are hereby transferred to the division on the effective date of this act. The status, positions, and rights of such persons shall not be affected by their transfer and shall continue to be retained by them pursuant to the State Civil Service Act, except as to positions the duties of which are vested in a position that is exempt from civil service.

article: 2. Powers and Duties


citation: PRC § 9070

text: All money available, including money which becomes available after the effective date of this Division 9, for expenditure by any department, division, board, authority, commission, or officer or employee thereof, to be used in the administration of any function, the exercise of any right, or performance of any duty, which function, right or duty is transferred by this Division 9, shall be transferred to the department, commission, division, board, authority, or officer or employee thereof which is to administer the function, exercise the right, or perform the duty.

article: 2. Powers and Duties


citation: PRC § 9071

text:
The Division of Resource Conservation shall succeed to and is hereby vested with all of the powers, duties, purposes, responsibilities, and jurisdiction in matters pertaining to resource conservation now or hereafter vested by law in the State Resource Conservation Commission, or any officer or employee thereof. The division shall have possession and control of all records, books, papers, and other property, real, personal and mixed, now or hereafter held for the benefit or use of the State Resource Conservation Commission, except that property heretofore purchased or acquired by the commission for the use of districts may be disposed of by the commission pursuant to Article 3 (commencing with Section 9081) of this chapter.

The Chief of the Division of Resource Conservation shall succeed to and is hereby vested with all the powers, duties, responsibilities and jurisdiction now or hereafter vested by law in the commission, except as to duties specifically vested in the commission by this code.

article: 2. Powers and Duties


citation: PRC § 9081

text: The commission may receive contributions from the United States, public districts, resource conservation districts, public agencies, or persons and may use such contributions for the purposes of the district.

article: 3. Funds and Expenditures

path: 9. RESOURCE CONSERVATION > 2. The Division of Resource Conservation > 3. Funds and Expenditures


citation: PRC § 9082

text: The commission is authorized on behalf of the state to accept grants from the United States for the control of runoff and floods, the prevention or control of soil erosion, and for water conservation and to administer such grants pursuant to the terms thereof.

article: 3. Funds and Expenditures


citation: PRC § 9083

text: All equipment and machinery made available to any resource conservation district pursuant to this Division 9 is subject to call for emergency use in fire, storm, flood or disaster by a federal or state agency, a county, city, or district of this state.

article: 3. Funds and Expenditures