text:
(a) Except as provided in subdivisions (b) and (c), the acquisition of real property or interests in real property under this division is subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code).

(b) Any acquisition of real property or any interest in real property within the territory of the conservancy that is located in an area designated as a National Scenic Area and that has a value of less than two hundred fifty thousand dollars ($250,000), is not subject to the Property Acquisition Law.

(c) Any acquisition of real property from the County of Riverside that was acquired by the county as a result of the nonpayment of taxes, and that has a value of less than two hundred fifty thousand dollars ($250,000), is not subject to the Property Acquisition Law if the Administrative Secretary of the State Public Works Board has received written notice that the conservancy has adopted a resolution requesting that the real property be removed from public sale and the Director of Finance has not, within 60 days from the date that the written notice was received, notified the executive director of the conservancy that the real property must be acquired under the Property Acquisition Law.

(d) The committee that is responsible for developing the Coachella Valley natural community conservation plan as of December 31, 1999, or any subsequent committee that is responsible for overseeing the implementation of any state-approved Coachella Valley natural community conservation plan, habitat conservation plan, or similar program, shall be the advisory committee to the conservancy in its implementation of any aspect of the plan or program. Prior to the acquisition of property or the taking of other actions in furtherance of the plan or program, the conservancy shall consult with the advisory committee.

(e) Except as provided in Section 33701, and subject to Section 33507, the conservancy may acquire any property, and any interest in property, on behalf of itself or a state agency represented on the governing board, within its territory if acquisition of the property is in furtherance of the conservancy’s purposes, as set forth in Section 33501. The conservancy may initiate, negotiate, and participate in agreements with local, state, and federal public agencies or nonprofit entities for the management of land under the conservancy’s ownership or control, in furtherance of the conservancy’s purposes. The conservancy may also hold, manage, maintain, administer, occupy, and care for that property in the event that no appropriate public or private entity is available to undertake that responsibility without cost to the conservancy.

(f) (1) Except as provided in paragraph (2), the conservancy shall not sell, exchange, lease, or otherwise dispose of or encumber, any mountainous lands or natural community conservation lands unless authorized by a four-fifths vote of the governing board or a two-thirds vote of the electors residing within the conservancy.

(2) The conservancy may transfer any mountainous lands or natural community conservation lands to another public agency or to any nonprofit organization that has as its primary purpose the preservation, protection, or enhancement of land in its natural, scenic, historic, agricultural, forested, or open-space condition or use, if the transfer is authorized in the presence of a quorum and upon the recorded votes of a majority of the voting members of the governing board, and if the transferee agrees to hold, manage, maintain, administer, occupy, and care for the property in perpetuity and in furtherance of the conservancy’s purposes, as set forth in Section 33501.

(3) Any lease entered into pursuant to this subdivision shall not exceed five years and shall include the express provision that the lease may be terminated at any time that the governing board determines that the land is needed for conservancy purposes.

(g) Notwithstanding subdivision (e) and the requirements specified in subdivision (f), the conservancy may sell, exchange, lease, or otherwise dispose of or encumber, property that is not mountainous land or natural community conservation land on any terms that are in the best interests of the conservancy.

history: (History: Amended by Stats. 1999, Ch. 419, Sec. 7. Effective January 1, 2000.)


kind: section

code: PRC

text: The conservancy may enter into an option to purchase real property in fee or any lesser interest and may transfer an option subject to the requirements of subdivision (b) of Section 33702.

history: (History: Added by Stats. 1992, Ch. 676, Sec. 9. Effective January 1, 1993. Operative January 1, 1994, pursuant to Sec. 13 of Ch. 676, as amended by Stats. 1993, Ch. 1286, Sec. 6.)

chapter: 3. Open-Space Protection Program

path: 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY > 3. Open-Space Protection Program


text: This division is not intended to infringe on the existing authority of the County of Riverside or the cities lying within the conservancy’s territory to plan and control land uses, and no provision of this division shall be construed as conferring on the conservancy the authority to plan or control the use of any land except those lands that the conservancy may acquire and hold.

history: (History: Added by Stats. 1990, Ch. 977, Sec. 1.)

division: 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY


text: The Legislature hereby acknowledges the role of the former Coachella Valley Mountains Conservancy, a California nonprofit corporation, and its successor, the Coachella Valley Mountains Trust, a California nonprofit corporation, in providing the leadership within the community that led to the creation of the conservancy pursuant to this division. Accordingly, the conservancy created by this division shall consult, and coordinate its program, with the trust, and any successor entity, for as long as it may exist.


text:
(a) The conservancy may incur debt only for the purpose of acquiring real property. To acquire that property, the conservancy may only borrow money from, and incur a debt to, an entity that is represented on the conservancy’s governing board if the debt instrument pertaining to the acquisition of the property states that the security for the debt created therein is limited to the real property to be acquired, and includes an acknowledgment that no state funds or state credit will be obligated or committed to repay the debt.

(b) Any debt instrument that is entered into by the conservancy after January 1, 1997, shall be null and void, except for a debt instrument that complies with subdivision (a) and is approved by the Department of Finance.

history: (History: Repealed and added by Stats. 1996, Ch. 963, Sec. 10. Effective September 27, 1996.)

chapter: 4. Finances

path: 23.5. COACHELLA VALLEY MOUNTAINS CONSERVANCY > 4. Finances


text: The conservancy may fix and collect fees for the use by the public of any lands owned or otherwise controlled by the conservancy. No fee shall, however, exceed the conservancy’s cost of providing the service for which the fee is charged.


text:
(a) The conservancy may raise revenues for any lawful purpose of the conservancy pursuant to this chapter.

(b) If the conservancy proposes to raise revenue by the levy of an assessment on real property or by the levy of any type of tax or increase in any existing tax authorized by this chapter, and the law authorizing the assessment or tax requires the approval of the electors of the conservancy, the assessment or tax may not be levied unless and until it is approved by the electors of the conservancy at an election held for that purpose. Any assessment or tax levied by the conservancy shall be approved by two-thirds of the votes cast by the electors of the conservancy if the law authorizing the assessment or tax requires approval by two-thirds of the votes cast, or shall be approved by a majority of the votes cast by the electors of the conservancy if the law authorizing the assessment or tax provides for approval by a majority of the votes cast.

(c) Any election conducted by the conservancy shall be consolidated with a statewide election or any election conducted throughout the County of Riverside.

history: (History: Amended by Stats. 1991, Ch. 267, Sec. 13.)


text:
The conservancy is expressly authorized to raise revenues by any, or a combination, of the following:

(a) An assessment to finance capital improvements and land acquisition, which may be levied within one or more zones within the conservancy’s territory established to reflect the level of service provided by the conservancy within the zone, as provided in the Improvement Act of 1911 (Division 7 (commencing with Section 5000), Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500), Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000), Streets and Highways Code), and the Landscaping and Lighting Act of 1972 (Division 15 (commencing with Section 22500), Streets and Highways Code). At the election authorizing the assessment, the conservancy may propose a range of assessment rates, within which range the rate may from time to time be adjusted by the governing board to reflect the conservancy’s revenue needs.

(b) A special tax, as provided in Article 3.7 (commencing with Section 53720) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.

(c) A special tax levied pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).


text: Upon making the determination that immediate revenues are insufficient for the acquisition of property, other capital expenses, or the funding or refunding of any outstanding indebtedness, the governing board of the conservancy may call an election on a proposition to incur indebtedness in a specified amount and to issue limited obligation bonds.


text: The Coachella Valley Mountains Conservancy Fund is hereby created in the State Treasury. The money in the fund shall be made available for expenditure by the conservancy, upon appropriation by the Legislature, for the purposes of this division.

history: (History: Added by Stats. 1996, Ch. 963, Sec. 11. Effective September 27, 1996.)


text: This division shall be known, and may be cited, as the Salton Sea Conservancy Act.

history: (History: Added by Stats. 2024, Ch. 771, Sec. 1. (SB 583) Effective January 1, 2025.)

division: 23.6. SALTON SEA CONSERVANCY

chapter: 1. General Provisions

path: 23.6. SALTON SEA CONSERVANCY > 1. General Provisions


text:
For purposes of this division, the following definitions apply:

(a) “Board” means the board of directors governing the Salton Sea Conservancy.

(b) “Conservancy” means the Salton Sea Conservancy established pursuant to Section 33812.

(c) “Fund” means the Salton Sea Conservancy Fund established pursuant to Section 33825.

(d) “Local public agency” includes, but is not limited to, a city, county, city and county, district, association of governments, or joint powers authority.

(e) “Nonprofit organization” means a private, nonprofit organization that qualifies for tax exempt status under Section 501(c)(3) of Title 26 of the Internal Revenue Code.

(f) “Region” or “Salton Sea region” means the geographic boundaries of the Salton Sea ecosystem, as described in subdivision (d) of Section 2931 of the Fish and Game Code.

(g) “Salton Sea Authority” has the same meaning as subdivision (d) of Section 2941 of the Fish and Game Code.

(h) “Salton Sea Management Program” means the Natural Resources Agency, the Department of Water Resources, and the Department of Fish and Wildlife working under the direction of the Assistant Secretary for Salton Sea Policy to carry out the terms of State Water Resources Control Board Order WR 2017-0134.

(i) “Tribe” means any federally recognized Native American tribe or a nonfederally recognized Native American tribe.

chapter: 2. Definitions

path: 23.6. SALTON SEA CONSERVANCY > 2. Definitions


text:
(a) The Salton Sea Conservancy is hereby created as a state agency within the Natural Resources Agency for both of the following purposes:

(1) To operate, maintain, and manage projects, as they are completed, that are planned or built under the authority of the Salton Sea Management Program to fulfill the state’s obligations as detailed in State Water Resources Control Board Order WR 2017-0134.

(2) To acquire, hold, and manage land and property rights, including easements and water rights, within the Salton Sea region after restoration or mitigation projects are built.

(b) The conservancy’s jurisdiction is limited to the Salton Sea region.

chapter: 3. Salton Sea Conservancy

path: 23.6. SALTON SEA CONSERVANCY > 3. Salton Sea Conservancy


text:
The conservancy shall carry out programs, projects, and activities to further the conservancy’s purposes specified in Section 33812. This may include any one, any combination, or all of the following:

(a) Expending funds and awarding grants and loans to develop and implement programs and projects that are designed to further the conservancy’s purposes specified in Section 33812.

(b) Engaging community members and stakeholders.

(c) Identifying and working to resolve any barriers or impediments to the conservancy’s progress, including capacity or organizational deficiencies.


text:
(a) By January 1, 2026, the conservancy shall be governed by a board of directors.

(1) The board shall consist of 15 voting members appointed as follows:

(A) One public member appointed by the Governor, who is not an elected official and who resides within 50 miles of the conservancy’s territory.

(B) One public member appointed by the Speaker of the Assembly, who is not an elected official and who resides within 50 miles of the conservancy’s territory.

(C) One public member appointed by the Senate Committee on Rules, who is not an elected official and who resides within 50 miles of the conservancy’s territory.

(D) One member who is appointed by the Riverside County Board of Supervisors and is a resident of that county, or their designee.

(E) One member who is appointed by the Imperial County Board of Supervisors and is a resident of that county, or their designee.

(F) One member who is appointed by the Coachella Valley Water District and resides within the district’s boundaries, or their designee.

(G) One member who is appointed by the Imperial Irrigation District and resides within the district’s boundaries, or their designee.

(H) One member who is appointed by the Torres Martinez Desert Cahuilla Indians, or their designee.

(I) One representative of a nongovernmental organization focused on environmental justice work in the region appointed by the Secretary of the Natural Resources Agency.

(J) One representative of a nongovernmental organization focused on fish and wildlife habitat work in the region appointed by the Secretary of the Natural Resources Agency.

(K) The Director of Finance, or the director’s designee.

(L) The Secretary of the Natural Resources Agency, or the secretary’s designee.

(M) The Director of Fish and Wildlife, or the director’s designee.

(N) The Director of Water Resources, or the director’s designee.

(O) The Director of the Department of Parks and Recreation, or the director’s designee.

(2) The board shall also consist of seven ex officio nonvoting members designated as follows:

(A) The Secretary for Environmental Protection, or the secretary’s designee.

(B) The Chairperson of the State Water Resources Control Board, or the chairperson’s designee.

(C) The Chairperson of the State Air Resources Board, or the chairperson’s designee.

(D) One representative of the United States Bureau of Land Management, designated by the United States Secretary of the Interior.

(E) One representative of the United States Fish and Wildlife Service, designated by the United States Secretary of the Interior.

(F) One representative of the federal Bureau of Reclamation, designated by the United States Secretary of the Interior.

(G) One representative of the United States Army Corps of Engineers, designated by the United States Department of Defense.

(b) The local agencies specified in subparagraphs (D) to (G), inclusive, of paragraph (1) of subdivision (a) shall ensure that one of the appointed members of those agencies is the president of the Salton Sea Authority, so that the president of the Salton Sea Authority is always represented on the board.

(c) The public members appointed by the Governor, the Senate Committee on Rules, and the Speaker of the Assembly, and the representatives of nongovernmental organizations appointed by the Secretary of the Natural Resources Agency, shall each serve a four-year term.

(d) The locally appointed members specified in subparagraphs (D) to (G), inclusive, of paragraph (1) of subdivision (a) shall serve at the pleasure of the appointing board of supervisors or water or irrigation district.

(e) The tribal representative shall serve at the pleasure of the Torres Martinez Desert Cahuilla Indians.

(f) Each voting member specified in subparagraphs (A) to (O), inclusive, of paragraph (1) of subdivision (a) shall have demonstrated interest and expertise in at least one of the conservancy’s purposes described in subdivision (a) of Section 33812. This demonstrated interest and expertise shall include, but is not limited to, any of the following:

(1) Experience with any of the following:

(A) A land conservation nonprofit organization.

(B) A public agency focused on land conservation.

(C) Public land management.

(2) Experience as a professional with expertise in one or more functions of the board, including operations and maintenance.

(3) Experience with activities that benefit disadvantaged communities identified pursuant to Section 39711 of the Health and Safety Code.

chapter: 4. Governing Board

path: 23.6. SALTON SEA CONSERVANCY > 4. Governing Board


text: The Secretary of the Natural Resources Agency, or the secretary’s designee, shall serve as the chairperson of the board. The board’s voting members shall annually elect from among themselves a vice chairperson of the board. If the vice chairperson’s position becomes vacant, a new vice chairperson shall be elected by the board’s voting members to serve for the remainder of the term.


text: Eight of the voting members shall constitute a quorum for the transaction of the business of the conservancy. The board shall not transact the business of the conservancy if a quorum is not present at the time a vote is taken. A decision of the board requires an affirmative vote of eight of the voting membership, and the vote is binding with respect to all matters acted on by the conservancy.


text: The board shall adopt rules and procedures for the conduct of business by the conservancy.


text: The board may establish advisory boards or committees, hold community meetings, and engage in public outreach.


text: The board may maintain a headquarters office within the Salton Sea region. The conservancy may rent or own real and personal property and equipment pursuant to applicable statutes and regulations. The conservancy may also enter into access agreements, such as easements, to further the conservancy’s purposes described in subdivision (a) of Section 33812.


text:
(a) Before January 1, 2027, the Secretary of the Natural Resources Agency shall appoint an executive officer of the conservancy. The executive officer shall be exempt from civil service.

(b) On or after January 1, 2027, the board shall determine the qualifications of, and shall appoint, an executive officer of the conservancy, who shall be exempt from civil service. The board shall employ other staff as necessary to execute the powers and functions provided for in this division.


text: The board may enter into contracts with private entities and public agencies to procure consulting and other services necessary to achieve the purposes of this division.


text: The conservancy’s expenses for support and administration may be paid from the conservancy’s operating budget and any other funding sources available to the conservancy.


text: The board shall conduct business in accordance with the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).


text: The board shall hold its regular meetings within the Salton Sea region.


text: The Salton Sea Conservancy Fund is hereby created in the State Treasury. The Legislature intends to support the fund through authorized proceeds from the sale of bonds and allocations from the Salton Sea Lithium Fund pursuant to Section 2951 of the Fish and Game Code.

chapter: 5. Powers, Duties, and Limitations

path: 23.6. SALTON SEA CONSERVANCY > 5. Powers, Duties, and Limitations


text: The conservancy may engage in partnerships with tribes, nonprofit organizations, local public agencies, including the Salton Sea Authority, and landowners.


text: In implementing this division, the conservancy shall cooperate and consult with the city or county in which a grant is proposed to be expended or an interest in real property is proposed to be acquired, and shall, as necessary or appropriate, coordinate its efforts with the Salton Sea Authority, and with other state agencies, in cooperation with the Secretary of the Natural Resources Agency.


text:
(a) The conservancy may require a grantee to enter into an agreement with the conservancy on terms and conditions specified by the conservancy.

(b) The conservancy may require a cost-share or local funding requirement for a grant. The conservancy may make that cost-share or local funding requirement contingent upon the total amount of funding available, the fiscal resources of the applicant, or the urgency of the project. The conservancy may waive cost-share requirements.

(c) The conservancy may fund or award grants for plans and feasibility studies consistent with its plans.

(d) The conservancy may seek repayment or reimbursement of funds granted on terms and conditions it deems appropriate. The proceeds of repayment shall be deposited in the fund.

(e) The conservancy may require any funds that exceed the costs of eligible or approved projects or of acquisition to be returned to the conservancy, to be available for expenditure when appropriated by the Legislature.

(f) The conservancy may award grant funds to state agencies, local public agencies, tribes, and nonprofit organizations to further the purposes of this division.

(g) The conservancy may provide advance payment of up to one-half of the total grant award for a project that satisfies both of the following criteria:

(1) The project proponent is a nonprofit organization or a disadvantaged community, or the project benefits a disadvantaged community.

(2) The total grant award for the project is less than one million dollars ($1,000,000).


text:
(a) The conservancy may provide grants and loans to state agencies, local public agencies, tribes, and nonprofit organizations to further the purposes of this division.

(b) An entity applying for a grant from the conservancy to acquire an interest in real property shall specify all of the following in the grant application:

(1) The intended use of the property.

(2) The manner in which the land will be managed.

(3) How the cost of ongoing operations, maintenance, and management will be provided, including an analysis of the maintaining entity’s financial capacity to support those ongoing costs.


text: The conservancy may sue and be sued.


text:
(a) The conservancy may acquire from willing sellers or transferors, including state agencies, interests in real property, including access and water rights, and improve, lease, or transfer interests in real property, in order to carry out the purposes of this division.

(b) The conservancy may, before the completion of restoration or mitigation projects, enter into easements for property rights to be assigned to the conservancy after completion by the Salton Sea Management Program.

(c) The acquisition of an interest in real property under this section is not subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). However, the conservancy may request the State Public Works Board to review and approve specific acquisitions. The conservancy may also request assistance in acquiring real property from the Department of Water Resources.


text: The conservancy may enter into an agreement with a public agency, nonprofit organization, or private entity for the construction, management, or maintenance of facilities authorized by, or transferred to, the conservancy.


text: The conservancy shall not exercise the power of eminent domain.


text:
(a) The conservancy may pursue and accept funds from various sources, including, but not limited to, federal, state, and local funds or grants, gifts, donations, bequests, devises, subventions, grants, rents, royalties, or other assistance and funds from public and private sources.

(b) The conservancy may accept fees levied by others.

(c) The conservancy may create and manage endowments.

(d) All funds received by the conservancy shall be deposited in the fund for expenditure for the purposes of this division.


text:
Notwithstanding Section 10231.5 of the Government Code, on or before January 1, 2027, and annually thereafter, the conservancy shall prepare and submit a report to the Governor and the Legislature, pursuant to Section 9795 of the Government Code, on its implementation of Sections 33812 and 33813, including, but not limited to, all of the following:

(a) A schedule of projects undertaken by the conservancy and a schedule of grants and loans made by the conservancy.

(b) A schedule of grants awarded to the conservancy and the disposition of the funds granted.

(c) The disposition of the funds appropriated to the conservancy in the fiscal year preceding the year in which the report is made.


text:
(a) The conservancy may expend funds and award grants and loans to develop projects and programs that are designed to further the purposes of this division.

(b) The conservancy may provide and make available technical information, expertise, and other nonfinancial assistance to public agencies, nonprofit organizations, and tribal organizations, to support program and project development and implementation.


text: Nothing in this chapter shall limit or alter any party’s, including the state’s, responsibility under existing law or any party’s authority to carry out any responsibility under existing law.


text: This division shall become operative only if the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024 (Chapter 83 of the Statutes of 2024) is approved by the voters at the November 5, 2024, statewide general election.

chapter: 6. Contingent Operation

path: 23.6. SALTON SEA CONSERVANCY > 6. Contingent Operation


text: As used in this division, “department” means the Department of Transportation.

history: (History: Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)

division: 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS


text: The department may receive donations of land and funds for the acquisition of land from local agencies, including special districts, and private entities. Land acquired by the department through donation, purchase, or by any other means, shall be maintained by the department for future transportation purposes. The acquisition of land by the department for that purpose is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) if the land, when received or acquired, is within a statewide or regional priority corridor designated pursuant to Section 65081.3 of the Government Code and the applicable regional transportation planning agency has complied with Section 33913 of the Government Code.

path: 23.7. PRESERVATION OF FUTURE TRANSPORTATION OPTIONS


text:
(a) Of the funds appropriated to the Department of Transportation by Section 161030 of the Public Utilities Code, all money remaining on July 1, 1993, that is neither encumbered nor needed by the department to comply with the terms of any offer to purchase property that was made to the owner on or before July 1, 1993, shall be used, upon appropriation by the Legislature, for purposes of this division.

(b) The proceeds of the sale of any property acquired pursuant to this division shall be used, upon appropriation by the Legislature, for the purposes of this division.


text:
Land may be acquired by the department if the land is located in a designated corridor of statewide or regional priority as determined pursuant to Section 65081.3 of the Government Code. Proposals by other entities for the acquisition of land by the department shall be submitted to the regional transportation planning agency in whose jurisdiction the land is located for review and recommended action, and be approved by the department. No proposal shall be approved by the department pursuant to this section unless the regional transportation planning agency, after a public hearing, finds that the range of potential transportation facilities to be located on the land can be constructed in a manner which will avoid or mitigate significant environmental impacts or values identified in subdivisions (a), (b), and (c). The regional transportation planning agency is not required to comply with the California Environmental Quality Act in any manner, other than complying with the provisions of subdivision (a), in order to make this finding, if it has prepared an environmental review of the corridor of statewide or regional priority in which the land is located pursuant to Section 65081.3 of the Government Code. The regional transportation planning agency shall base its finding on a consideration of each of the following:

(a) The information contained in the environmental impact report prepared pursuant to Section 65081.3 of the Government Code and a document describing the proposed land acquisition which includes the content of an initial study described in subdivision (d) of Section 15063 of Title 14 of the California Code of Regulations (California Environmental Quality Act Guidelines). However, the study need not include greater specificity about the type or nature of the proposed transportation project than has been provided in action by the governing body of the project applicant agency.

(b) Review by the Department of Fish and Game. The Department of Fish and Game shall make the results of its review of the proposed land acquisition known to the regional transportation planning agency no later than 30 days after the acquisition is submitted to them by the regional transportation planning agency for review, or its comments shall not be considered in the finding.

(c) Other information submitted to the regional transportation planning agency in the public hearing or in writing regarding the proposed acquisition by the department.


text: The determinations made pursuant to this division shall not constitute the basis for a determination of compliance with the California Environmental Quality Act for purposes of constructing the transportation project.


text: The acquisition and holding of land under this division constitutes a public purpose, notwithstanding Section 1240.220 of the Code of Civil Procedure.


text: Nothing in this division limits the authority conferred on the department by Section 104.6 of the Streets and Highways Code.


text:
(a) A transportation planning agency, a county transportation commission, or a county transportation authority may create a transportation corridor preservation entity within the area of its jurisdiction and may create a corridor preservation account.

(b) Sections 33911, 33913, 33914, and 33915 apply to a transportation preservation entity created pursuant to subdivision (a).


text:
Money deposited in the Bosco-Keene Renewable Resources Investment Fund created by former Section 7150.6 of the Fish and Game Code may be encumbered, pursuant to appropriation by the Legislature, only for the following purposes:

(a) Salmon and steelhead hatchery expansion and fish habitat improvement.

(b) Forest resource improvement projects pursuant to the California Forest Improvement Act of 1978.

(c) Urban forestry projects pursuant to the California Urban Forestry Act of 1978.

(d) Agricultural soil drainage programs which will retard desertification and protect agricultural productivity.

(e) Support of technical assistance programs which will prevent soil erosion.

(f) Agricultural, industrial, and urban water conservation programs.

(g) Wildland fire prevention programs pursuant to the Wildland Fire Protection and Resources Management Act of 1978, Article 1 (commencing with Section 4461) and Article 2 (commencing with Section 4475) of Chapter 7 of Part 2 of Division 4.

(h) Coastal resource enhancement projects pursuant to Chapter 6 (commencing with Section 31251) of Division 21.

(i) Regulation and oversight of surface mining activities pursuant to the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2).

history: (History: Amended by Stats. 2003, Ch. 240, Sec. 25. Effective August 13, 2003.)

division: 24. RENEWABLE RESOURCES INVESTMENT PROGRAM


text:
The Department of Fish and Game may make grants to nonprofit organizations, political subdivisions of the state, and Indian tribes to cooperate with the department in salmon and steelhead rehabilitation along the north coast of California.

The Director of Fish and Game may establish criteria for the awarding of these grants to applicants who demonstrate the greatest expertise in accomplishing the salmon and steelhead rehabilitation projects.

history: (History: Added by Stats. 1984, Ch. 573, Sec. 2.)

path: 24. RENEWABLE RESOURCES INVESTMENT PROGRAM


text:
The Department of Fish and Game may provide nonprofit organizations and Indian tribes partial funding of grants provided under Section 34001 or Section 3 of Chapter 344 of the Statutes of 1981, if in the opinion of the department, any such organization meets all of the following requirements:

(a) Has a previously demonstrated record of successfully completing one or more salmon or steelhead rehabilitation projects funded under the Cooperative North Coast Salmon and Steelhead Restoration Project.

(b) Utilizes acceptable accounting procedures.

(c) Demonstrates that the project can be accomplished more efficiently and economically and with partial funding provided before the project’s completion.

history: (History: Added by Stats. 1984, Ch. 1686, Sec. 15. Effective September 30, 1984.)


text: This division shall be known and may be cited as the Coastal Resources and Energy Assistance Act.

history: (History: Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)

path: 25. COASTAL RESOURCES AND ENERGY ASSISTANCE > 1. General Provisions


text: The Legislature finds and declares that it is essential that the state, in cooperation with local governments, invest a portion of federal revenues derived from the extraction of publicly owned, nonrenewable offshore energy resources for the sound protection and management of the state’s renewable ocean and coastal resources.

division: 25. COASTAL RESOURCES AND ENERGY ASSISTANCE


text: The Legislature further finds and declares that the federal government’s accelerated and expanded federal offshore leasing program, in conjunction with the State Lands Commission’s submerged lands leasing program, have placed a greater strain on state and local government efforts to plan for and manage the ocean and coastal impacts caused by offshore oil and gas development.


text:
The Legislature further finds and declares, therefor, that a portion of federal revenues derived from the extraction of offshore energy resources should be expended by the state to further the following goals:

(a) Provision of financial assistance to coastal counties and cities affected by federal and state offshore energy development.

(b) Assistance to local governments to exercise their responsibility for improving the management of the state’s coastal resources.


text: “Coastal city” means a city or port district which lies, in whole or in part, within the coastal zone.

path: 25. COASTAL RESOURCES AND ENERGY ASSISTANCE > 2. Definitions


text: “Coastal county” means a county or city and county which lies, in whole or in part, within the coastal zone.


text: “Coastal zone” means the coastal zone as defined in Section 30103.


text: “Local coastal program” means a local coastal program as defined in Section 30108.6.


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

history: (History: Added by Stats. 1991, Ch. 1027, Sec. 2.)


text:
(a) The secretary, after consulting with the California Coastal Commission and the State Lands Commission concerning offshore energy activities, shall award grants to coastal counties and cities to be used for the purposes of planning, assessment, mitigation, permitting, monitoring and enforcement, public services and facilities, and for other activities related to offshore energy development, consistent with the requirements of the state’s coastal management program.

(b) Prior to receiving grants under this chapter, each coastal county and city shall submit a report to the secretary describing how the funds are to be expended. Before submitting the report, each coastal county and city shall provide opportunities for the public to review and comment on the report and shall hold at least one public hearing on the report.

path: 25. COASTAL RESOURCES AND ENERGY ASSISTANCE > 3. Coastal County and City Offshore Energy Assistance


text:
Any funds appropriated in accordance with this chapter and not expended as described in Section 35030, may be awarded by the secretary for technical and financial assistance to coastal counties and cities with approved local coastal programs to help them exercise effectively their responsibility for improving the management of the state’s coastal resources. Technical and financial assistance shall be made available to coastal counties and cities to do any of the following:

(a) Protect wetlands, flood plains, estuaries, beaches, dunes, and fish and wildlife and their habitat within coastal areas.

(b) Minimize the loss of life and property in coastal flood-prone, storm surge, geologic hazard, and erosion-prone areas.

(c) Provide public access to the coast for recreational purposes, to acquire coastal view sheds, and to preserve, maintain, and restore historic, cultural, and aesthetic coastal sites.

(d) Facilitate the process for siting major facilities along the coast related to fisheries, recreation, and ports and other coastal dependent commercial uses, giving full consideration to environmental concerns as well as the need for economic development.

(e) Promote other coastal management improvements determined by the secretary to be consistent with the state’s coastal management program.

history: (History: Amended by Stats. 1996, Ch. 977, Sec. 1. Effective January 1, 1997.)

chapter: 3. Coastal County and City Offshore Energy Assistance


text: On or before April 15, 1997, the secretary, in cooperation with the California Coastal Commission, shall develop and implement a competitive application process to award coastal counties and cities financial and technical assistance pursuant to this chapter. Thereafter, the secretary shall review that process by April 15 of each year that funds are appropriated pursuant to this chapter.

history: (History: Amended by Stats. 1996, Ch. 977, Sec. 2. Effective January 1, 1997.)


text: Any financial assistance provided to local governments under this chapter may not exceed 90 percent of the cost of carrying out the project. Commencing in the 1997 calendar year and in each calendar year thereafter, 50 percent of the amount of funds received by the state pursuant to Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. Sec. 1337(g)) over the amount of funds so received in the 1996 calendar year shall be available, on an annual basis, for appropriation to the secretary for grants to coastal counties and cities pursuant to this chapter.

history: (History: Amended by Stats. 1996, Ch. 977, Sec. 3. Effective January 1, 1997.)


text: On an annual basis, the secretary shall review and assess county and city expenditures under this program. Not more than one hundred thousand dollars ($100,000) of the funds appropriated annually pursuant to this chapter may be used by the secretary to defray administrative costs and, of that amount, not more than fifty thousand dollars ($50,000) may be used to cover costs incurred by the California Coastal Commission in the review of grant applications pursuant to this chapter.

history: (History: Amended by Stats. 1996, Ch. 977, Sec. 4. Effective January 1, 1997.)


text: This division shall be known and may be cited as the Santa Clara Valley Open-Space Authority Act.

history: (History: Amended by Stats. 2015, Ch. 99, Sec. 2. (SB 422) Effective January 1, 2016.)

path: 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY > 1. General Provisions


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

(a) In Santa Clara County, open-space preservation and creation of a greenbelt are immediate high priorities needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the county, and to encourage agricultural activities.

(b) In order to deal in an expeditious manner with the current serious loss of these properties, the county needs to develop and implement a local funding program involving properties occupied for urban purposes which give rise to the need for open-space preservation that goes significantly beyond current existing funding that is not adequate to resolve these losses.

(c) It is in the public interest to create the Santa Clara Valley Open-Space Authority so that local open-space preservation and greenbelting decisions can be implemented in a timely manner to provide for the acquisition and maintenance of these properties.

(d) All persons owning developed parcels enjoy the privilege of using, and benefit from, the availability of open space.

history: (History: Amended by Stats. 2015, Ch. 99, Sec. 3. (SB 422) Effective January 1, 2016.)

division: 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY


text: “Agricultural activity” has the same meaning as “agricultural activity, operation, or facility, or appurtenances thereof” as defined in subdivision (e) of Section 3482.5 of the Civil Code.

history: (History: Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)


text: “Authority” means the Santa Clara Valley Open-Space Authority created pursuant to this division in the County of Santa Clara.

history: (History: Amended by Stats. 2015, Ch. 99, Sec. 4. (SB 422) Effective January 1, 2016.)


text: “County” means the County of Santa Clara.


text: “Governing board” means the governing body of the authority.


text: The Santa Clara Valley Open-Space Authority is hereby created on February 1, 1993. The maximum jurisdiction of the authority shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authority’s jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. A city that fails to pass the resolution or that formally states its intent to not participate shall be excluded from the authority’s jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission.

history: (History: Amended by Stats. 2015, Ch. 99, Sec. 5. (SB 422) Effective January 1, 2016.)

chapter: 2. Creation of the Open-Space Authority

path: 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY > 2. Creation of the Open-Space Authority


text:
(a) If, after the establishment of the authority’s boundaries pursuant to Section 35120, territory within the authority is annexed to a city which is outside the authority, that territory may be detached from the authority pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code).

(b) If, after the establishment of the authority’s boundaries pursuant to Section 35120, a city which is outside the authority’s jurisdiction desires to be included within the authority’s jurisdiction, the city shall adopt a resolution as provided in Section 35120. Following the adoption of the resolution, the territory within the city may be annexed to the authority pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). If the authority levies a special tax or an assessment and proposes to extend that special tax or assessment to the territory proposed to be annexed, the annexation shall not be complete until the authority complies with the procedures for levying the special tax or the assessment in that territory, including notice, hearing, and an election, in that territory, when required.

history: (History: Amended by Stats. 2003, Ch. 296, Sec. 35. Effective January 1, 2004.)


text: Notwithstanding Section 35120, after the establishment of the authority’s boundaries, the boundaries of the authority may be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). The board of supervisors of the neighboring county shall pass a resolution stating its intent to be included within the authority’s jurisdiction before any territory in that county may be annexed to the authority.

history: (History: Added by Stats. 2015, Ch. 99, Sec. 6. (SB 422) Effective January 1, 2016.)


text:
(a) Commencing in 2008, the elections of members of the governing board shall be held during the statewide election in November of the year that the term expires.

(b) The elections and the terms of office of the members of the governing board shall be determined pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code).

(c) Any vacancy in the office of a member of the governing board shall be filled pursuant to Section 1780 of the Government Code.

history: (History: Repealed and added by Stats. 2007, Ch. 343, Sec. 22. Effective January 1, 2008.)


text: Each member of the governing board may receive compensation in the amount of seventy-five dollars ($75) for attending each meeting of the governing board, not to exceed two meetings in any calendar month, together with any actual and necessary expenses incurred in the performance of his or her official duties required or authorized by the governing board. The determination of whether a member’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for expenses is subject to Section 53232.2 and 53232.3 of the Government Code.

history: (History: Repealed and added by Stats. 2007, Ch. 343, Sec. 24. Effective January 1, 2008.)


text: At the first governing board meeting in January of each year, the governing board shall select a chairperson who shall preside at all meetings, and a vice chairperson, who shall preside in the absence of the chairperson. In the event of the absence of the chairperson and the vice chairperson, the members present, by an order entered into the minutes, shall select one of the members present to act as chairperson pro tempore, who, while so acting, has all of the authority of the chairperson.

history: (History: Repealed and added by Stats. 2007, Ch. 343, Sec. 26. Effective January 1, 2008.)

chapter: 3. Administration

path: 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY > 3. Administration


text: The governing board shall adopt rules for its proceedings consistent with state law.


text: A majority of the members of the governing board constitute a quorum for the transaction of business. All official acts of the authority require the affirmative vote of a majority of the members of the governing board, unless otherwise provided in this division.


text: The acts of the authority shall be expressed by motion, resolution, or ordinance of its governing board.


text: All meetings of the governing board shall be conducted pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code.


text:
The governing board shall do all of the following:

(a) Adopt an annual budget following the public hearing required under Section 35136, hire an independent staff of its own, and fix the compensation of its officers and employees.

(b) Adopt an administrative code, by ordinance, which prescribes the powers and duties of the authority officers, the method of appointment of the authority’s employees, and methods, procedures, and systems of operation and management of the authority.

(c) Cause a postaudit of the financial transactions and records of the authority to be made at least annually by a certified public accountant.

(d) Do any and all things necessary to carry out the purposes of this division.


text:
(a) Notice of the time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than 30 days prior to the date of the hearing.

(b) The proposed annual budget shall be available for public inspection at least 30 days prior to the hearing.


text: The authority may enter into a contract with the Board of Administration of the Public Employees’ Retirement System to include the employees of the authority in that retirement system who are eligible for membership therein, and the employees shall be entitled to the same benefits as state employees pursuant to Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2004, Ch. 69, Sec. 36. Effective June 24, 2004.)


text: The authority may adopt a seal and alter it at its pleasure.

chapter: 4. Powers and Functions

path: 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY > 4. Powers and Functions


text: The authority may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.


text:
(a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authority’s jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.

(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only from willing sellers through conservation easement or fee title purchases or the granting of lands or conservation easements by owners to the authority.

(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.

(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.

history: (History: Amended by Stats. 2024, Ch. 733, Sec. 1. (AB 2682) Effective January 1, 2025.)


text: The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authority’s jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property that is already owned by a public agency for open-space use. For purposes of this section, “owned” includes a lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing board’s vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county that includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authority’s jurisdiction, the authority shall not exercise its right of eminent domain on that property.

history: (History: Amended by Stats. 2015, Ch. 99, Sec. 8. (SB 422) Effective January 1, 2016.)


text: The authority may, upon a four-fifths vote of the governing board and after holding a public hearing pursuant to Section 6061 of the Government Code, exchange any real property dedicated and used for open-space purposes for real property that the governing board determines to be of equal or greater value and is necessary to be acquired for open-space purposes.


text: All property acquired by the authority shall be properly maintained in a reasonable fashion consistent with the natural conditions existing upon the properties, and those properties immediately surrounding it. This maintenance obligation does not hold the authority to a higher standard of care, but is simply a statement of a basic function of the authority.


text: The authority may plan, adopt, lay out, plant, develop, and otherwise improve, extend, control, operate, and maintain lands, trails, natural areas, and other facilities for public recreation or agricultural activities. The authority may impose fees for the utilization of its properties which do not exceed the cost of providing services.


text: All claims for money or damages against the authority are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as provided in this division or by other statutes or regulations expressly applicable to this division.


text: The authority may accept funds or donations from any public or private source for the purposes of acquisition of open-space lands or for projects which are in furtherance of the authority’s open-space or greenbelting objectives within its jurisdiction. The authority may seek government grants and private donations.


text:
(a) The governing board may contract with any person or public agency for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement. The governing board may appoint a general manager to be the chief administrative officer of the authority, and the governing board may authorize the general manager to bind the authority, in accordance with governing board policy that has been adopted in an open meeting and without advertising, for contracts for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, not exceeding fifty thousand dollars ($50,000). All expenditures related to contracts for any services, supplies, equipment, or materials, or for the construction, completion, maintenance, or repair of any building, structure, or improvement, approved by a general manager shall be reported to the governing board at its next regular meeting.

(b) (1) Notwithstanding any other law, a contract for any services, supplies, equipment, or materials that exceeds fifty thousand dollars ($50,000) shall be contracted for and let to the lowest responsible bidder. A contract for any services, supplies, equipment, or materials of one hundred thousand dollars ($100,000) or less may be let by informal bidding procedures, but a contract for any services, supplies, equipment, or materials of more than one hundred thousand dollars ($100,000) shall be let by formal bidding procedures.

(2) A contract for the construction, completion, maintenance, or repair of any building, structure, or improvement that exceeds twenty-five thousand dollars ($25,000) shall be contracted for and let to the lowest responsible bidder. A contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of seventy-five thousand dollars ($75,000) or less may be let by informal bidding procedures, but a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement of more than seventy-five thousand dollars ($75,000) shall be let by formal bidding procedures.

(3) If two or more bids, for a contract described in paragraph (1) or (2), are the same and the lowest, the governing board may accept the one it chooses.

(4) If the governing board delegates authority in the manner specified in subdivision (a) for a contract for the construction, completion, maintenance, or repair of any building, structure, or improvement, the decision by the chief administrative officer of the authority shall be binding on the authority, and all existing protest and grievance procedures regarding that decision remain valid.

(5) (A) Notwithstanding paragraph (1), contracts for services, including, but not limited to, planning, consulting, legal, or appraisal services, or to contracts for services authorized to be procured pursuant to Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code, are not required to be contracted for or let to the lowest responsible bidder, if the governing board awards the contract to the most responsible and qualified bidder.

(B) For purposes of this subdivision, “most responsible and qualified bidder” means the bidder deemed by the governing board that best fits the needs of the service contract or meets the criteria prescribed in subparagraph (C).

(C) In determining the most responsible and qualified bidder, the governing board may use criteria, including, but not limited to, all of the following:

(i) Experience of the bidder as a firm, including past performance of the firm on contracts of similar size and scope.

(ii) Experience and qualifications of personnel employed by the bidder.

(iii) Demonstrated understanding of the scope of the service, including schedule and plan to accomplish the service.

(iv) Best overall financial return to the governing board on the contract.

(v) In addition, for purposes of this paragraph, a responsible bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, and experience to satisfactorily perform the work or provide the goods required.

(c) The notice inviting bids shall set a date for the opening of bids. The first publication or posting of the notice shall be at least 10 days before the date of opening the bids. For purposes of contracts requiring formal bidding, notice shall be published at least twice, at least five days apart, in a newspaper of general circulation in the authority, or if there is none, it shall be posted in at least three public places in the authority. The notice shall distinctly state the nature of the contract.

(d) The governing board may reject any bids. If the governing board rejects all bids, it may either readvertise or adopt a resolution, by four-fifths vote, declaring that the contract can be performed more economically by the employees of the authority or obtained at a lower price on the open market. Upon adoption of the resolution, the governing board may undertake the project without further complying with subdivisions (b) and (c).

(e) If bids are not received, the governing board may undertake the project without further complying with subdivisions (b) to (d), inclusive.

(f) (1) In the case of an emergency, the governing board may adopt a resolution by a two-thirds vote of all the members of the governing board declaring that the public interest and necessity demand immediate expenditure of public money to safeguard life, health, or property. The governing board may expend any sum required in the emergency without submitting the expenditure to bid.

(2) For purposes of this subdivision, “emergency” means a sudden, unexpected occurrence, involving a clear and imminent danger, demanding immediate action to prevent or mitigate loss of, or damage to, life, health, property, or essential public services. Emergency includes a fire, a flood, an earthquake, or other soil or geologic movements, as well as a riot, an accident, or sabotage.

history: (History: Amended by Stats. 2024, Ch. 733, Sec. 2. (AB 2682) Effective January 1, 2025.)


text:
(a) Notwithstanding Section 35159 or any other law, upon approval by the board of directors of the Santa Clara Valley Open-Space Authority, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to award contracts for the construction, restoration, and improvement of buildings and facilities, the construction, restoration, and improvement of public access and recreation facilities, and nature-based infrastructure projects, including, but not limited to, habitat restoration projects, enhancement and remediation projects, and watershed, stream corridor, and pond improvement projects in that authority.

(b) The minimum project limitation of one million dollars ($1,000,000), as described in subdivision (a) of Section 22162 of the Public Contract Code, shall not apply to the Santa Clara Valley Open-Space Authority.

(c) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Santa Clara Valley Open-Space Authority and its board of directors.

history: (History: Amended by Stats. 2023, Ch. 131, Sec. 181. (AB 1754) Effective January 1, 2024.)


text: The Legislature, by the enactment of this chapter, intends that the authority use any funds provided by this chapter to supplement existing local revenues being used for open-space acquisition, preservation, or maintenance purposes. The county and the cities within the jurisdiction of the authority are further encouraged to maintain their existing commitment of local funds for these purposes.

chapter: 5. Funding

path: 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY > 5. Funding


text:
(a) The authority shall review and assess the needs for acquisition, preservation, or maintenance of open-space lands. As part of this review and assessment, the authority shall solicit proposals from the cities in the county within the boundaries of the authority and from a citizens’ advisory committee, the membership of which shall be determined by the authority based upon criteria which provides a broad representation of interests within the authority’s jurisdiction. The membership of the citizens’ advisory committee shall reflect the cultural and ethnic diversity of the population within the authority’s jurisdiction. The authority shall adopt a procedure for evaluating these proposals in consultation with the cities and the citizens’ advisory committee in the authority’s jurisdiction. The entity submitting any proposal shall consider the impact the proposal may have on the availability of affordable housing.

(b) Based on the evaluation, the authority shall prepare a plan for the expenditure of the revenues expected to be derived from funding provided for this division, together with other federal, state, local, and private improvements, and funding.

(c) In addition to acquisition, preservation, or maintenance of open-space lands, the expenditure plan shall also include projections of revenues likely to be available in the next five years for capital, maintenance, and operational purposes. The expenditure plan shall establish general areas for acquisition without identifying specific parcels, and shall be periodically reviewed and amended. Before adoption or amendment of an expenditure plan, the authority shall conduct public hearings on that plan. No expenditure for open-space lands shall occur until the initial expenditure plan is approved.


text:
(a) Subject to Section 4 of Article XIIIA of the California Constitution, the authority may impose qualified special taxes within the authority’s jurisdiction pursuant to the procedures established in Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code and any other applicable procedures provided by law.

(b) (1) As used in this section, “qualified special taxes” means special taxes that apply uniformly to all taxpayers or all real property within the authority’s jurisdiction, except that unimproved property may be taxed at a lower rate than improved property. “Qualified special taxes” may include taxes that provide for an exemption from those taxes for any or all of the following taxpayers:

(A) Persons who are 65 years of age or older.

(B) Persons receiving Supplemental Security Income for a disability, regardless of age.

(C) Persons receiving Social Security Disability Insurance benefits, regardless of age, whose yearly income does not exceed 250 percent of the 2012 federal poverty guidelines issued by the United States Department of Health and Human Services.

(2) “Qualified special taxes” does not include special taxes imposed on a particular class of property or taxpayers.

(c) Any exemption granted pursuant to subdivision (b) shall remain in effect until the taxpayer becomes ineligible. If the taxpayer becomes ineligible for the exemption for any reason, a new exemption may be granted in the same manner.

(d) (1) If the authority provides for an exemption for a qualified special tax pursuant to subdivision (b), and the authority contracts or enters into an agreement with the county to collect the qualified special tax within the authority’s jurisdiction, the authority shall annually provide to the tax collector of that county all of the following information:

(A) A hyperlink to the location on the internet website of the authority that contains exemption information, if available.

(B) A hyperlink to the location on the internet website of the authority that contains the application for the exemption, if available.

(C) A telephone number to provide persons with exemption information or direct persons requesting exemption information.

(2) If a county contracts or enters into an agreement with the authority to collect a qualified special tax for the authority and for which the authority provides for an exemption pursuant to subdivision (b), the tax collector of that county shall include a hyperlink, which shall be identified as “Parcel Tax Exemptions,” on the tax collector’s internet website home page to another location on the tax collector’s internet website that posts the hyperlinks and information provided by the authority in paragraph (1).

(3) Paragraph (2) shall only apply when the authority provides the information to the tax collector required by paragraph (1). The tax collector shall not post any hyperlink to a location on the authority’s internet website that is invalid.

history: (History: Repealed and added by Stats. 2024, Ch. 733, Sec. 4. (AB 2682) Effective January 1, 2025.)


text: The authority may levy assessments pursuant to the Improvement Act of 1911, Division 7 (commencing with Section 5000), the Improvement Bond Act of 1915, Division 10 (commencing with Section 8500), and the Municipal Improvement Act of 1913, Division 12 (commencing with Section 10000) of the Streets and Highways Code.


text: The authority may incur indebtedness to finance capital improvements pursuant to Chapter 4 (commencing with Section 43600) of Division 4 of Title 4 of the Government Code.


text: The authority may finance facilities and issue bonds under this division pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).

history: (History: Added by Stats. 2024, Ch. 733, Sec. 5. (AB 2682) Effective January 1, 2025.)


text: This chapter shall be known, and may be cited, as the Coyote Valley Conservation Program.

history: (History: Added by Stats. 2019, Ch. 356, Sec. 1. (AB 948) Effective January 1, 2020.)

chapter: 6. Coyote Valley Conservation Program

path: 26. SANTA CLARA VALLEY OPEN-SPACE AUTHORITY > 6. Coyote Valley Conservation Program


text: The authority may establish and administer the Coyote Valley Conservation Program to address the resource and recreational goals of the Coyote Valley, as provided in this chapter.


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

(a) Coyote Valley is a unique landscape providing agricultural, wildlife, recreational, climate, and other natural infrastructure benefits, covering an area of about 17,200 acres in southern Santa Clara County.

(b) Coyote Valley is a resource of statewide significance. The Coyote Valley has been subject to intense development pressure and is in need of restoration, conservation, and enhancement.

(c) Coyote Valley is bounded by and includes two of the fastest growing cities in California, the City of San Jose to the north and the City of Morgan Hill to the south.

(d) Mushrooms, bell peppers, nursery crops, and other agricultural crops grown in Coyote Valley provide more than thirty million dollars ($30,000,000) of economic benefit each year.

(e) Coyote Valley provides a critical corridor for wildlife migrating between the Santa Cruz Mountains and Diablo Range.

(f) Residents of the City of San Jose and other nearby cities access the outdoors in Coyote Valley to view wildlife, and recreate and connect with nature and the community.

(g) Coyote Valley’s natural resources provide opportunities for many climate and natural infrastructure benefits, including flood attenuation from improved wetlands, increased water supply from groundwater recharge, and carbon sequestration from natural and working lands.

(h) Protection of Coyote Valley is a component of state and local efforts to preserve agriculture in the County of Santa Clara, including the Santa Clara Valley Agricultural Plan, the Santa Clara Valley Greenprint, state investments from the Sustainable Agricultural Lands Conservation Program, and a feasibility study funded by the State Coastal Conservancy.

(i) The establishment of the Coyote Valley Conservation Program pursuant to this chapter will provide a necessary structure to implement restoration and preservation projects and recreational opportunities, and enhance the overall condition of Coyote Valley.


text:
For purposes of this chapter, the following definitions apply:

(a) “Coyote Valley” means all areas southeast of a line drawn northeast to southwest through a point at the intersection of Coyote Creek and Metcalf Road, northeast to the first ridgeline of the Diablo Range, southwest to the first ridgeline of the Santa Cruz Mountains, and northwest of a line drawn northeast to southwest through a point at the intersection of Cochrane Road and Monterey Road, excluding all lands within the City of Morgan Hill’s Urban Service Area as of February 29, 2012.

(b) “Natural lands” has the same meaning as the term is defined in paragraph (2) of subdivision (d) of Section 9001.5.

(c) “Program” means the Coyote Valley Conservation Program.

(d) “Program lands” means interests in real property acquired, managed, or subject to a project under this chapter.

(e) “Working lands” has the same meaning as the term is defined in paragraph (1) of subdivision (d) of Section 9001.5.


text:
The authority may collaborate with state, regional, and local partners to help achieve all of the following goals of the program:

(a) To provide recreational opportunities, preserve open space, develop and maintain trails, restore, enhance, and preserve wildlife habitat and species, restore and preserve wetlands and agricultural lands, study, maintain, and preserve lands for groundwater recharge, watershed restoration, and natural floodwater conveyance, sequester greenhouse gases, and enhance resilience to climate change.

(b) To provide public access to, and enjoyment and enhancement of, recreational and educational experiences on, program lands in a manner consistent with the protection of land and natural resources in the area.


text:
In carrying out the purposes of this chapter, and without limiting the express or implied powers of the authority as provided in this division, the authority shall have, and may exercise, all necessary rights and powers, expressed or implied, to achieve the goals of this chapter. The authority may do all of the following:

(a) Acquire and dispose of interests and options in real property.

(b) Undertake, maintain, or fund projects to implement site improvements, upgrade deteriorating facilities, or construct new facilities for outdoor recreation, public access, nature appreciation, and interpretation; historic and cultural preservation; protection, restoration, or enhancement of natural resources and habitat; or continuation or expansion of agricultural activities.

(c) Provide technical assistance to landowners on practices to enhance the carbon sequestration or climate resilience benefits of natural and working lands.

(d) Enhance wildlife connectivity across Highway 101, Monterey Road and other impediments to the movement of wildlife in the Coyote Valley through implementation of wildlife friendly culverts and overpasses, removal of fencing, and placement of wildlife crossing signage, or other means.

(e) Provide for the management of program lands.


text:
(a) A proponent or party to a proposed development project converting natural lands or working lands within Coyote Valley for a nonagricultural purpose shall provide notice to the authority of the proposed project. The authority may provide analysis of the environmental values and potential impacts of the proposed project.

(b) Coyote Valley shall be acknowledged as an area of statewide significance in local planning documents developed or updated on or after January 1, 2020, affecting land use within Coyote Valley.


text: This division shall be known, and may be cited, as the California Ocean Protection Act.

history: (History: Added by Stats. 2004, Ch. 719, Sec. 1. Effective January 1, 2005.)

division: 26.5. CALIFORNIA OCEAN PROTECTION ACT

path: 26.5. CALIFORNIA OCEAN PROTECTION ACT > 1. General Provisions


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

(a) California’s coastal and ocean resources are critical to the state’s environmental and economic security, and integral to the state’s high quality of life and culture. A healthy ocean is part of the state’s legacy, and is necessary to support the state’s human and wildlife populations. Each generation of Californians has an obligation to be good stewards of the ocean, to pass the legacy on to their children.

(b) The ocean and coastal waters offshore of the state are unique and valuable natural resources that the state holds in trust for the people of California. The state of our ocean’s health is well documented. Reports such as the 1997 Resources Agency report, “California’s Ocean Resources: An Agenda for the Future,” the 2003 Pew Oceans Commission report, “America’s Living Oceans: Charting a Course for Sea Change,” and the United States Commission on Oceans Policy’s 2004 preliminary report, document degraded ocean values, due to coastal and ocean development, onshore and offshore pollution, certain fishing and aquaculture practices, and invasive species, among other things.

(c) The preservation of the state’s ocean resources depends on healthy, productive, and resilient ocean ecosystems. The governance of ocean resources should be guided by principles of sustainability, ecosystem health, precaution, recognition of the interconnectedness between land and ocean, decisions informed by good science and improved understanding of coastal and ocean ecosystems, and public participation in decisionmaking.

(d) Good governance and stewardship of ocean resources necessitate more efficient and effective use of public funds.

(e) The state needs to coordinate governance and stewardship of the state’s ocean, to identify priorities, bridge existing gaps, and ensure effective and scientifically sound approaches to protecting and conserving the most important ocean resources.

(f) The California Ocean Resources Management Act of 1990 (Division 27 (commencing with Section 36000)) establishes the California Ocean Resources Management Program. The mission of the program is to ensure comprehensive and coordinated management, conservation, and enhancement of the state’s ocean resources, for their intrinsic value and the benefit of current and future generations.

(g) Terrestrial sources of ocean pollution in the state contribute to significant water quality degradation, causing deleterious impacts to public health and marine ecosystems, as well as coastal and recreational economics that are essential to the state’s future.


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

(a) The coastal waters offshore of the state and the ocean ecosystems associated with those waters are natural resources that the state holds in trust for the people of the state.

(b) It is the state’s policy that all public agencies shall consider the following principles in administering the laws established for the protection and conservation of coastal waters:

(1) State decisions affecting coastal waters and the ocean environment should be designed and implemented to conserve the health and diversity of ocean life and ecosystems, allow and encourage those activities and uses that are sustainable, and recognize the importance of aesthetic, educational, and recreational uses.

(2) The ocean ecosystem is inextricably linked to activities on land and all public agencies should consider the impact of activities on land that may adversely affect the health of the coastal and ocean environment.

(3) It is the state’s policy to incorporate ecosystem perspectives into the management of coastal and ocean resources, using sound science, with a priority of protecting, conserving, and restoring coastal and ocean ecosystems, rather than managing on a single species or single resource basis.

(4) A goal of all state actions shall be to improve monitoring and data gathering, and advance scientific understanding, to continually improve efforts to protect, conserve, restore, and manage coastal waters and ocean ecosystems.

(5) State and local actions that affect ocean waters or coastal or ocean resources should be conducted in a manner consistent with protection, conservation, and maintenance of healthy coastal and ocean ecosystems and restoration of degraded ocean ecosystems.

(6) Improving the quality of coastal waters and the health of fish in coastal waters should be a priority for the state.


text:
The Legislature finds and declares that the purpose of this division is to integrate and coordinate the state’s laws and institutions responsible for protecting and conserving ocean resources, including coastal waters and ocean ecosystems, to accomplish all of the following objectives:

(a) Provide a set of guiding principles for all state agencies to follow, consistent with existing law, in protecting the state’s coastal and ocean resources.

(b) Encourage cooperative management with federal agencies, to protect and conserve representative coastal and ocean habitats and the ecological processes that support those habitats.

(c) Improve coordination and management of state efforts to protect and conserve the ocean by establishing a cabinet level oversight body responsible for identifying more efficient methods of protecting the ocean at less cost to taxpayers.

(d) Use California’s private and charitable resources more effectively in developing ocean protection and conservation strategies.

(e) Provide for public access to the ocean and ocean resources, including to marine protected areas, for recreational use, and aesthetic, educational, and scientific purposes, consistent with the sustainable long-term conservation of those resources.

(f) Identify scientific research and planning that is useful for the protection and conservation of coastal waters and ocean ecosystems, and coordinate and assist state agencies in addressing those needs.

history: (History: Amended by Stats. 2007, Ch. 372, Sec. 1. Effective January 1, 2008.)


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

(a) “Council” means the Ocean Protection Council established pursuant to Section 35600.

(b) “Fund” means the California Ocean Protection Trust Fund established pursuant to Section 35650.

(c) “Internationally accepted standards for sustainable seafood” means standards that meet all of the following criteria:(1) Meet or exceed the Guidelines for the Ecolabeling of Fish and Fishery Products from Marine Capture Fisheries promulgated by the Food and Agriculture Organization of the United Nations (FAO).

(2) Conform to all of the following principles:

(A) A fishery must be conducted in a manner that does not lead to overfishing or depletion of the exploited populations and, for those populations that are depleted, the fishery must be conducted in a manner that demonstrably leads to their recovery.

(B) Fishing operations should allow for the maintenance of the structure, productivity, function, and diversity of the ecosystem, including habitat and associated dependent and ecologically related species on which the fishery depends.

(C) The fishery is subject to an effective management system that respects local, national, and international laws and standards and incorporates institutional and operational frameworks that require use of the resource to be responsible and sustainable.

(d) “Public agency” means a city, county, city and county, district, or the state or any agency or department of the state.

(e) “Sustainable” and “sustainability” mean both of the following:

(1) Continuous replacement of resources, taking into account fluctuations in abundance and environmental variability.

(2) Securing the fullest possible range of present and long-term economic, social, and ecological benefits, while maintaining biological diversity.

history: (History: Amended by Stats. 2009, Ch. 279, Sec. 2. (AB 1217) Effective January 1, 2010.)

path: 26.5. CALIFORNIA OCEAN PROTECTION ACT > 2. Definitions


text:
(a) The Ocean Protection Council is established in state government. The council consists of the Secretary of the Natural Resources Agency, the Secretary for Environmental Protection, the Chair of the State Lands Commission, and two members of the public appointed by the Governor.

(b) The two public members shall each serve a term of four years, and may each be reappointed to one additional term. The public members of the board shall be appointed on the basis of their educational and professional qualifications and their general knowledge of, interest in, and experience in the protection and conservation of coastal waters and ocean ecosystems. One of the public members shall have a scientific professional background and experience in coastal and ocean ecosystems.

(c) Except as provided in this section, members of the council shall serve without compensation. A member shall be reimbursed for actual and necessary expenses incurred in the performance of his or her duties, and in addition shall be compensated at one hundred dollars ($100) for each day during which the member is engaged in the performance of official duties of the council. Payment for actual and necessary expenses shall be paid only to the extent that those expenses are not provided or payable by another public agency. The total number of days for which a member shall be compensated may not exceed 25 days in any one fiscal year.

history: (History: Amended by Stats. 2013, Ch. 356, Sec. 30. (SB 96) Effective September 26, 2013.)

chapter: 3. Ocean Protection Council

path: 26.5. CALIFORNIA OCEAN PROTECTION ACT > 3. Ocean Protection Council


text: The Secretary of the Natural Resources Agency shall serve as the chairperson of the council, and the Secretary for Environmental Protection shall serve as the vice chairperson of the council. The Assistant Secretary for Coastal Matters at the Natural Resources Agency shall be designated as the Deputy Secretary of the Natural Resources Agency for Ocean and Coastal Policy, and the deputy secretary shall also serve as the executive director for the council.

history: (History: Amended by Stats. 2013, Ch. 356, Sec. 31. (SB 96) Effective September 26, 2013.)


text: One Member of the Senate, appointed by the Senate Committee on Rules, and one Member of the Assembly, appointed by the Speaker of the Assembly, shall meet with the council as nonvoting, ex officio members.


text:
(a) The council’s meetings shall be open to the public.

(b) The council may sponsor conferences, symposia, and other public forums, to seek a broad range of public advice when establishing priorities for ocean resource protection, enhancement, and restoration.


text:
The council shall do all of the following:

(a) (1) Coordinate activities of state agencies that are related to the protection and conservation of coastal waters and ocean ecosystems to improve the effectiveness of state efforts to protect ocean resources within existing fiscal limitations, consistent with Sections 35510 and 35515.

(2) Establish policies to coordinate the collection, evaluation, and sharing of scientific data related to coastal and ocean resources among agencies.

(3) (A) Establish a science advisory team of distinguished scientists to assist the council in meeting the purposes of this division. At the request of the council, the science advisory team may convene to identify, develop, and prioritize subjects and questions for research or investigation, and review and evaluate results of research or investigations to provide information for the council’s activities.

(B) The science advisory team shall include scientists from a range of disciplines that are a part of the council’s purview.

(C) The science advisory team shall provide an independent and timely analysis of reports and studies, identifying areas of scientific consensus or uncertainty, using the best available science by drawing on state, national, and international experts.

(D) Scientists selected as members of the science advisory team shall serve without compensation, except for reimbursement of expenses and subject to the terms of an existing contract with the state.

(4) Contract with the California Ocean Science Trust and other nonprofit organizations, ocean science institutes, academic institutions, or others that have experience in conducting the scientific and educational tasks that are required by the council.

(5) Transmit the results of research and investigations to state agencies to provide information for policy decisions.

(6) Identify and recommend to the Legislature changes in law needed to achieve the goals of this section.

(b) (1) Identify changes in federal law and policy necessary to achieve the goals of this division and to improve protection, conservation, and restoration of ocean ecosystems in federal and state waters off the state’s coast.

(2) Recommend to the Governor and the Legislature actions the state should take to encourage those changes in federal law and policy.

history: (History: Amended by Stats. 2008, Ch. 179, Sec. 191. Effective January 1, 2009.)


text:
(a) Subject to the availability of funding, the council shall develop and implement a coastal climate change adaptation, infrastructure, and readiness program to do all of the following:

(1) Recommend best practices and strategies to improve the climate change resiliency of the state’s coastal communities, infrastructure, and habitat.

(2) Coordinate with the State Coastal Conservancy, the Santa Monica Mountains Conservancy, the San Diego River Conservancy, the San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, and other state entities as needed to develop criteria to prioritize the types of projects needed to improve climate change resiliency in the coastal zone.

(3) Collaborate with California State University, Long Beach and other universities, scientists, and nongovernmental organizations involved in climate change activities covering areas along the Pacific Rim to facilitate information sharing regarding coastal climate change adaptation, infrastructure, and readiness, including providing information to the Office of Planning and Research to be considered for inclusion into the clearinghouse established pursuant to Sections 71354 and 71360.

(b) The council shall use existing staff, resources, databases, and information contained in reports and other documents, including, but not limited to, the “Safeguarding California Plan: 2018 Update” and the Office of Planning and Research Integrated Climate Adaptation and Resiliency Program, to develop and implement the program required under subdivision (a).

history: (History: Added by Stats. 2019, Ch. 374, Sec. 3. (SB 576) Effective January 1, 2020.)


text:
(a) The Ocean Protection Council shall develop and implement a voluntary sustainable seafood promotion program for the state.

(b) The program shall consist of all of the following:

(1) A protocol to guide entities on how to be independently certified to internationally accepted standards for sustainable seafood. The protocol and any substantive amendments or revisions to the protocol shall be developed in a transparent process and adopted by the council in a public meeting. The council shall identify in a public document that the provisions of subdivision (c) of Section 35550 have been met.

(2) (A) A marketing assistance program for seafood caught in California that is independently certified to internationally accepted standards for sustainable seafood. The council shall consult with the Department of Food and Agriculture in implementing this paragraph.

(B) Consistent with subparagraph (A), the marketing assistance program shall consist of competitive grants and loans for discrete and limited activities to benefit participants in the fishing industry in California.

(3) A competitive grant and loan program, only in years in which funds are appropriated by the Legislature to the California Ocean Protection Trust Fund, for eligible entities, including, but not limited to, fishery groups and associations, for the purpose of assisting California fisheries in qualifying for certification to internationally accepted standards for sustainable seafood. This program may be implemented in coordination with other state and private programs to maximize its effectiveness.

(4) The design of a label or labels that may be used exclusively to identify seafood caught in California that is certified to internationally accepted standards as sustainable seafood.

(c) Seafood produced through aquaculture or fish farming shall not be certified as sustainable under this division until nationally or internationally accepted sustainability standards have been developed and implemented.

(d) The program, each component of the program, and actions taken by the council to implement the program are based upon voluntary actions initiated by entities pursuant to this section and are not regulations as defined in Section 11342.600 of the Government Code.

history: (History: Amended by Stats. 2011, Ch. 273, Sec. 1. (AB 337) Effective January 1, 2012.)


text:
(a) Consistent with this chapter, and subject to the availability of funding, the council shall support state agencies’ use and sharing of scientific and geospatial information for coastal- and ocean-relevant decisionmaking, including marine spatial planning, by taking all of the following actions:

(1) Assess the needs of California’s public agencies with respect to their abilities to gather, manage, use, and share information and decision-support tools relevant to ecosystem-based management in the coastal and ocean environment.

(2) Subject to a determination of need in paragraph (1) and in consultation with the relevant coastal or ocean management agency, increase the amount of baseline scientific and geospatial information that is available to public agencies in a publicly accessible, electronic, and geospatial format with respect to the following aspects of coastal and ocean ecosystems:

(A) Ecosystem health, structure, functioning, productivity, resilience, and vulnerability to threats.

(B) The effects of climate change.

(C) The cumulative effects of human-caused and natural sources of stress.

(D) Existing and predicted patterns of human activities, including activities that present conflicting or compatible demands on coastal and ocean ecosystems or those that require the use of a precautionary approach.

(E) Social, economic, and cultural values, including the value of coastal and ocean ecosystems for providing ecosystem services.

(F) Distinguishing ecological characteristics, including habitat heterogeneity, species abundance, and biodiversity.

(G) Other physical, biological, economic, social, and cultural information that the council determines is relevant to marine spatial planning.

(3) Support public agencies’ collaborative management and use of scientific and geospatial information relevant to ecosystem-based management.

(4) Help identify decision-support tools relevant to ecosystem-based management, and, where appropriate, support the adaptation of those tools or the creation of new tools to serve the state’s needs.

(b) Subject to available funding, and consistent with their individual mandates, each agency, board, department, or commission of the state with ocean or coastal management interests or regulatory authority shall cooperate with the council to achieve all of the goals described in subdivision (a).

history: (History: Added by Stats. 2010, Ch. 544, Sec. 2. (AB 2125) Effective January 1, 2011.)


text: Consistent with the council’s authority and responsibility under this chapter to coordinate activities of state agencies with ocean or coastal management interests or regulatory authority, to improve the effectiveness of state efforts to protect ocean resources, and to establish policies to coordinate the collection and sharing of scientific data related to coastal and ocean resources among agencies, the council may award grants, enter into interagency agreements, and provide assistance to public agencies and nonprofit organizations to support this effort, including grants to improve geospatial data collection, interagency data sharing and collaboration, and tools for visualizing and analyzing these data. In allocating grants and assistance, the council shall give preference to public agencies that are meeting the goals described in Section 35620.

history: (History: Added by Stats. 2010, Ch. 544, Sec. 3. (AB 2125) Effective January 1, 2011.)