Code Section Group

Public Resources Code - PRC

DIVISION 21. STATE COASTAL CONSERVANCY [31000 - 31414]

  ( Division 21 added by Stats. 1976, Ch. 1441. )

CHAPTER 3. Establishment and Functions of the State Coastal Conservancy [31100 - 31122]
  ( Chapter 3 added by Stats. 1976, Ch. 1441. )

31100.
  

There is in the Resources Agency the State Coastal Conservancy, consisting of the following seven members:

(a) The chairperson of the commission.

(b) The Secretary of the Resources Agency.

(c) The Director of Finance.

(d) Four members of the public, of which two shall be appointed by the Governor, one shall be appointed by the Senate Committee on Rules, and one shall be appointed by the Speaker of the Assembly. Of the members appointed by the Governor, not more than one may be an elected official of a local government, and the official shall have been elected to an office in a local government whose territory is located wholly or partially in the coastal zone.

Except for members appointed pursuant to subdivision (d), the members of the conservancy may designate one of their employees to serve on the conservancy in their absence.

(Amended by Stats. 1985, Ch. 1224, Sec. 1.)

31100.5.
  

Three Members of the Senate, appointed by the Senate Rules Committee, and three Members of the Assembly, appointed by the Speaker of the Assembly, shall meet with the conservancy and participate in its activities to the extent that such participation is not incompatible with their respective positions as Members of the Legislature.

(Added by Stats. 1979, Ch. 930.)

31101.
  

(a) The members appointed under subdivisions (a) and (d) of Section 31100 shall serve for a term of four years. However, if a member is appointed under subdivision (d) by reason of his or her status as a locally elected official, his or her membership shall cease 60 days after his or her term of office as a locally elected official ceases, and the Governor may appoint another person to complete the remainder of his or her term. Any person appointed under subdivision (d) of Section 31100 shall not be disqualified for membership and may complete his or her term in the event he or she is elected to a local office after his or her appointment.

(b) Members appointed under subdivisions (a) and (d) of Section 31100 shall be compensated for attendance at regular meetings of the conservancy at the rate of one hundred dollars ($100) per day, and shall be reimbursed for the actual and necessary expenses, including traveling expenses, incurred in the performance of their duties.

(Amended by Stats. 1986, Ch. 248, Sec. 210.)

31102.
  

The Secretary of the Natural Resources Agency shall select one of the public members to serve as the chair of the conservancy. The public member shall serve as chair at the pleasure of the secretary. A majority of the total authorized membership of the conservancy shall constitute a quorum for the transaction of any business under this division. The conservancy shall adopt its own regulations.

(Amended by Stats. 2010, Ch. 213, Sec. 20. (AB 2768) Effective January 1, 2011.)

31103.
  

The conservancy shall determine the qualifications of, and it shall appoint and fix the salary of, the executive officer of the conservancy, who shall be exempt from civil service, and shall appoint such other staff as may be necessary to carry out the powers and functions set forth in this division. To the maximum extent possible, the conservancy shall utilize the staff of the commission for purposes of planning and project evaluation, and the staff of the Real Estate Services Division of the Department of General Services in carrying out acquisition, leasing, disposal, and other real property transactions authorized under this division.

(Added by Stats. 1976, Ch. 1441.)

31104.
  

The conservancy may apply for and accept federal grants and receive gifts, donations, subventions, rents, royalties, and other financial support from public and private sources.

(Added by Stats. 1976, Ch. 1441.)

31104.1.
  

The conservancy shall serve as a repository for lands whose reservation is required to meet the policies and objectives of the California Coastal Act of 1976 (Division 20 (commencing with Section 30000)), a certified local coastal plan or program, or the San Francisco Bay Plan as implemented by the San Francisco Bay Conservation and Development Commission pursuant to Title 7.2 (commencing with Section 66600) of the Government Code. Pursuant to that authority, the conservancy may accept dedication of fee title, easements, development rights, or other interests in lands, including interests required to provide public access to recreation and resources areas in the coastal zone.

(Amended by Stats. 1994, Ch. 110, Sec. 1. Effective June 27, 1994.)

31104.2.
  

The conservancy is the designated agency in the state for planning and coordinating federal surplus land sales in the coastal zone.

(Added by Stats. 1982, Ch. 505, Sec. 1. Effective July 13, 1982.)

31104.3.
  

On an annual basis or as may be required, the executive officer of the conservancy shall report to the Director of General Services regarding privately owned properties within the conservancy’s jurisdiction which have special significance and which might appropriately be the subject of trades for lands owned by the state for the purposes of preserving natural resources and moderating the impacts of regulation with the coastal zone. A particular property shall be included in any report only upon agreement of the owner.

For purposes of this section, “special significance” means having importance because of the land’s value for (1) public access, (2) public recreation, (3) wetlands, riparian, or other natural habitat, (4) open space, or (5) agricultural use.

(Added by Stats. 1986, Ch. 1481, Sec. 3.)

31105.
  

The conservancy is authorized to acquire, pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850), Division 3, Title 2 of the Government Code) real property or any interests therein for all of the purposes specified in this division.

(Added by Stats. 1976, Ch. 1441.)

31106.
  

The State Public Works Board may, pursuant to Section 31105, use the power of eminent domain for the purposes specified in this division.

(Added by Stats. 1976, Ch. 1441.)

31107.
  

Notwithstanding other provisions of law, the Director of General Services, when so requested by the conservancy, shall lease, rent, sell, exchange, or otherwise transfer any land, interest therein, or option acquired pursuant to this division, pursuant to an implementation plan approved by the conservancy. Leases entered into pursuant to the provisions of this division shall not provide for a period longer than 10 years. Proceeds from any such lease, rental, sale, exchange, or transfer of land, interest therein, or option thereon, shall be deposited with the conservancy and shall be available for expenditure when appropriated by the Legislature for the purpose of funding the programs specified in this division.

(Amended by Stats. 1980, Ch. 667, Sec. 1.)

31107.1.
  

The Department of General Services and the conservancy shall jointly develop and implement appropriate procedures to ensure that land acquisition, leasing, options to purchase, land disposal, and other property transactions undertaken in accordance with the provisions of this division are carried out efficiently and equitably and with proper notice to the public.

(Added by Stats. 1978, Ch. 807.)

31108.
  

Commencing on January 2, 1980, and every third year thereafter, the conservancy shall prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of this division. The report shall include the following:

(a) An evaluation of the effectiveness of the conservancy’s programs in preserving agricultural lands, restoring coastal habitat, providing public access to the coastline, and in undertaking other functions prescribed in this division.

(b) Identification of additional funding, legislation, or other resources required to more effectively carry out the objectives of this division.

(c) A discussion of its progress in addressing the goals, priority areas, and concerns referenced in subdivision (a) of Section 31163, including, but not limited to, any funds that are received or disbursed for purposes related to addressing those goals, priority areas, and concerns.

(Amended by Stats. 2001, Ch. 745, Sec. 189. Effective October 12, 2001.)

31108.5.
  

The conservancy shall not expend any fees received pursuant to Section 30526, except to restore, replace, or improve resources or ecological systems in a manner that is consistent with the certified local coastal program of the local public agency in whose jurisdiction the development is located, or in whose jurisdiction the site of the mitigation project is to be located, as the case may be, and only after full consultation and consent of that local public agency.

(Added by Stats. 1986, Ch. 198, Sec. 2.)

31109.
  

Where certification of a local coastal plan or program is required under this division as a condition of action by the conservancy, the conservancy may take such action, including the funding of projects prior to certification, when the action is identified in a local issue identification and work program which has been approved by the California Coastal Commission. However, in undertaking actions prior to certification of a local coastal plan or program, the conservancy shall follow other applicable project review and approval requirements set forth in this division.

(Added by Stats. 1978, Ch. 807.)

31111.
  

In implementing this division, the conservancy may fund and do all of the following:

(a) Prepare plans and feasibility studies.

(b) Provide technical assistance.

(c) Award grants to public agencies and nonprofit organizations for the purposes of subdivisions (a) and (b).

(Amended by Stats. 2019, Ch. 701, Sec. 1. (SB 367) Effective January 1, 2020.)

31111.3.
  

When granting funds appropriated by Assembly Bill 74 (Chapter 23 of the Statutes of 2019) for purposes of addressing transboundary flows and pollution in the Tijuana River Valley, the conservancy is encouraged to prioritize those projects identified in the studies described in subdivision (b) of Section 5907.5, to the extent feasible.

(Added by Stats. 2019, Ch. 381, Sec. 1. (SB 690) Effective January 1, 2020.)

31111.5.
  

(a) In implementing this division, the conservancy may award a grant to a for-profit entity to accomplish the removal or alteration of the San Clemente Dam if the conservancy finds that the project is of regional or statewide significance and that a grant to a public agency or nonprofit organization would not achieve removal or alteration of the San Clemente Dam.

(b) Notwithstanding subdivision (a), total expenditures of state moneys for the removal or alteration of the San Clemente Dam and related activities shall not exceed thirty million dollars ($30,000,000).

(Amended by Stats. 2014, Ch. 664, Sec. 6. (AB 1478) Effective September 27, 2014.)

31112.
  

With respect to its publications, the conservancy may accept subscriptions and nonpolitical advertising, and proceeds from them. All proceeds shall be deposited into the State Coastal Conservancy Fund and be available for expenditure upon appropriation by the Legislature.

(Added by Stats. 2002, Ch. 958, Sec. 6. Effective January 1, 2003.)

31113.
  

(a) The Climate Ready Program is hereby established and shall be administered by the conservancy to address the impacts and potential impacts of climate change on resources within the conservancy’s jurisdiction.

(b) In implementing this division, the conservancy may undertake projects within its jurisdiction, including, but not limited to, those that reduce greenhouse gas emissions, address extreme weather events, sea level rise, storm surge, beach and bluff erosion, salt water intrusion, flooding, and other coastal hazards that threaten coastal communities, infrastructure, and natural resources.

(c) Pursuant to the Climate Ready Program, the conservancy may award grants to public agencies and nonprofit organizations for activities authorized pursuant to subdivision (b). In awarding the grants, the conservancy shall, to the extent allowed, prioritize projects that maximize public benefits and that accomplish either of the following:

(1) Reduce emissions of greenhouse gases, reduce hazards to harbors and ports, preserve and enhance coastal wetlands and natural lands, conserve biodiversity, and provide recreational opportunities.

(2) Reduce flood risk and enhance fish and wildlife habitat, including projects with multiple benefits that remove sediment where the excavated material can be used to enhance shorelines or ecosystems.

(d) (1) When allocating funds made available pursuant to Section 80133, the conservancy shall do all of the following:

(A) Prioritize projects that use natural infrastructure in coastal communities to help adapt to climate change.

(B) Prioritize projects that provide multiple public benefits, including, but not limited to, protection of communities, natural resources, and recreational opportunities.

(C) Give consideration to projects in a variety of ecosystems along the state’s coastline, including, but not limited to, the protection and expansion of coastal estuaries and lagoons that provide critical feeding and nursery habitat for juvenile fish species and foraging habitat for migratory waterfowl and other waterbirds, including eelgrass habitat.

(2) The conservancy shall provide information to the Office of Planning and Research on any projects funded pursuant to this subdivision to be considered for inclusion into the clearinghouse for climate adaption information, established pursuant to Section 71360.

(3) The conservancy may provide technical assistance to coastal communities to better assist them with their projects that use natural infrastructure.

(4) For purposes of this subdivision, “natural infrastructure” means using natural ecological systems or processes to reduce vulnerability to climate change related hazards, or other related climate change effects, while increasing the long-term adaptive capacity of coastal and inland areas by perpetuating or restoring ecosystem services. This includes, but is not limited to, the conservation, preservation, or sustainable management of any form of aquatic or terrestrial vegetated open space, such as beaches, dunes, tidal marshes, reefs, seagrass, parks, rain gardens, and urban tree canopies. It also includes systems and practices that use or mimic natural processes, such as permeable pavements, bioswales, and other engineered systems, such as levees that are combined with restored natural systems, to provide clean water, conserve ecosystem values and functions, and provide a wide array of benefits to people and wildlife.

(Amended by Stats. 2019, Ch. 374, Sec. 2.5. (SB 576) Effective January 1, 2020.)

31115.
  

When a state agency that owns or manages land or water areas within the coastal zone has identified sensitive resource values and locations and types of development pursuant to Section 30525, and when the commission has certified that acquisition of less than fee title in land or water areas within the coastal zone is consistent with the provisions of Division 20 (commencing with Section 30000) and is necessary to ensure protection of sensitive resource values, the conservancy may award a grant or grants to such state agency for the purpose of acquisition of less than fee title in such land or water areas pursuant to the Property Acquisition Law (commencing with Section 15850 of the Government Code). Grants made pursuant to this section may not be used as a method of acquisition of land or water areas that are intended to be an integral part of a public land holding.

(Added by Stats. 1979, Ch. 930.)

31115.5.
  

Notwithstanding any other provision of law, the conservancy may undertake projects in the City of San Juan Capistrano pursuant to Chapter 4 (commencing with Section 31150) and Chapter 8 (commencing with Section 31350).

(Added by Stats. 1982, Ch. 505, Sec. 2. Effective July 13, 1982.)

31116.
  

(a) Funds may be granted to a nonprofit organization under this division if the nonprofit organization enters into an agreement with the conservancy, subject to terms and conditions specified by the conservancy.

(b) In the case of a grant for land acquisition, the agreement shall provide all of the following:

(1) The purchase price of any interest in land acquired by the nonprofit organization may not exceed fair market value as established by an appraisal approved by the conservancy.

(2) The conservancy shall approve the terms under which the interest in land is acquired.

(3) The interest in land acquired pursuant to a grant from the conservancy may not be used as security for any debt to be incurred by the nonprofit organization unless the conservancy approves the transaction.

(4) The transfer of land acquired pursuant to a conservancy grant shall be subject to the approval of the conservancy and a new agreement sufficient to protect the interest of the people of California shall be entered into with the transferee.

(5) If any essential term or condition is violated, title to all interest in real property acquired with state funds shall immediately vest in the state.

(6) If the existence of the nonprofit organization is terminated for any reason, title to all interest in real property acquired with state funds shall immediately vest in the state unless another appropriate public agency or nonprofit organization is identified by the conservancy and agrees to accept title to all interests in real property.

(c) Any deed or other instrument of conveyance whereby real property is being acquired by a nonprofit organization pursuant to this section shall set forth the reversionary interest of the state.

(d) The conservancy shall also require an agreement sufficient to protect the public interest in any improvement or development constructed under a grant to a nonprofit organization for improvement and development of a project under this division. The agreement shall particularly describe any real property that is subject to the agreement, and it shall be recorded by the conservancy in the county in which the real property is located.

(Amended by Stats. 2019, Ch. 469, Sec. 9. (SB 785) Effective January 1, 2020.)

31117.
  

Notwithstanding any provision of this division, the executive officer shall submit any plan or project proposed to be carried out pursuant to this division within the coastal zone portion of the Santa Monica Mountains Zone, as defined in Section 33105, to the Santa Monica Mountains Conservancy for review at least 60 days prior to approval by the State Coastal Conservancy. If the Santa Monica Mountains Conservancy has not, within 60 days from the date of submission, acted to disapprove the proposed plan or project on the grounds that the plan or project is in conflict with or jeopardizes an approved acquisition or improvement or a proposed acquisition or improvement identified in the adopted Santa Monica Mountains Conservancy workprogram, the plan or project may proceed pursuant to this division.

(Added by Stats. 1982, Ch. 1616, Sec. 1.)

31118.
  

The conservancy may seek repayments of funds granted pursuant to this division on terms and conditions as it deems appropriate to carry out the provisions of this division.

(Added by Stats. 1984, Ch. 1551, Sec. 3.)

31119.
  

(a) (1) The conservancy may undertake educational projects and programs for adults and for pupils in kindergarten to grade 12, inclusive, and award grants to nonprofit organizations, educational institutions, and public agencies, including federally recognized Indian tribes, for the purposes set forth in subdivisions (b) and (c).

(2) A nonprofit organization, educational institution, or public agency, including a federally recognized Indian tribe, that receives a grant under this subdivision shall comply with all of the following requirements:

(A) Document increased pupil participation in its educational programs.

(B) Provide outreach to low-income, underserved, and noncoastal areas of the state.

(C) Maintain any data necessary for the evaluation of a project or program funded with a grant, as determined by the conservancy.

(3) No General Fund moneys shall be used for grants awarded pursuant to this subdivision to public educational institutions, including community colleges.

(4) An educational program for pupils in kindergarten to grade 12, inclusive, shall deliver knowledge and skills that support the State Board of Education’s adopted content standards.

(b) Educational projects and programs funded and undertaken under subdivision (a) may include all of the following:

(1) Projects and programs relating to the preservation, protection, enhancement, maintenance, and enjoyment of coastal resources.

(2) Onsite and distance learning facilities pursuant to subdivision (c), activities, and instructional programs that support the delivery of science, history, and social science content, that further paragraph (1), including any of the following:

(A) Projects and programs that assist pupils in acquiring core knowledge and developing critical thinking skills.

(B) Projects and programs that encourage pupils to have direct contact with history, including programs that focus on the history and stewardship of the ocean and coastal resources.

(C) Projects and programs that link science to technology and societal impacts, including community health, population, natural resources, environmental quality, natural and human-induced hazards, and other global challenges.

(D) Projects and programs that support social-emotional learning and development, such as team-building and leadership skills.

(c)  The conservancy may also award grants for the construction and improvement of structures and facilities used for the educational projects and programs described in subdivision (b).

(d) The conservancy shall not spend more than 10 percent of the funds received for grants for educational projects and programs under subdivision (a) for grant administrative costs, including any costs related to administering any of those projects and programs.

(Amended by Stats. 2019, Ch. 701, Sec. 2. (SB 367) Effective January 1, 2020.)

31120.
  

In awarding grants to, or entering into agreements with, a federally recognized Indian tribe, the conservancy shall recognize and respect the limited sovereignty of the tribe.

(Added by Stats. 2002, Ch. 958, Sec. 7. Effective January 1, 2003.)

31122.
  

Funds not otherwise restricted may be awarded by the conservancy, on and after January 1, 2020, for funding grants to nonprofit organizations that offer scientific, educational, or heritage programs that focus on the history and stewardship of the ocean and coastal resources.

(Added by Stats. 2019, Ch. 701, Sec. 3. (SB 367) Effective January 1, 2020.)

PRCPublic Resources Code - PRC