Code Section Group

Public Resources Code - PRC

DIVISION 46. California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access For All Act of 2018 [80000 - 80173]

  ( Heading of Division 46 renumbered from Division 45 (as added by Stats. 2017, Ch. 852, Sec. 3) by Stats. 2019, Ch. 497, Sec. 236. )

CHAPTER 8. State Conservancy, Wildlife Conservation Board, and Authority Funding [80110 - 80116]
  ( Chapter 8 added by Stats. 2017, Ch. 852, Sec. 3. )

80110.
  

The sum of seven hundred sixty-seven million dollars ($767,000,000) shall be available, upon appropriation by the Legislature, as described in this chapter.

(a) Thirty million dollars ($30,000,000) shall be available to the Salton Sea Authority for capital outlay projects that provide air quality and habitat benefits and that implement the Natural Resources Agency’s Salton Sea Management Program. Of this amount, not less than ten million dollars ($10,000,000) shall be available to the Salton Sea Authority for purposes consistent with the New River Water Quality, Public Health, and River Parkway Development Program, as described in Section 71103.6.

(b) One hundred eighty million dollars ($180,000,000) shall be available to the following conservancies according to their governing statutes for their specified purposes in accordance with the following schedule:

(1) Baldwin Hills Conservancy, six million dollars ($6,000,000).

(2) California Tahoe Conservancy, twenty-seven million dollars ($27,000,000).

(3) Coachella Valley Mountains Conservancy, seven million dollars ($7,000,000).

(4) Sacramento-San Joaquin Delta Conservancy, twelve million dollars ($12,000,000).

(5) San Diego River Conservancy, twelve million dollars ($12,000,000).

(6) San Gabriel and Lower Los Angeles Rivers and Mountains Conservancy, thirty million dollars ($30,000,000).

(7) San Joaquin River Conservancy, six million dollars ($6,000,000).

(8) Santa Monica Mountains Conservancy, thirty million dollars ($30,000,000).

(9) Sierra Nevada Conservancy, thirty million dollars ($30,000,000).

(10) State Coastal Conservancy, twenty million dollars ($20,000,000) for grants pursuant to Section 66704.5 of the Government Code for the purpose of San Francisco Bay restoration in accordance with the San Francisco Bay Restoration Authority Act (Title 7.25 (commencing with Section 66700) of the Government Code). Notwithstanding subdivision (e) of Section 66704.5 of the Government Code, the State Coastal Conservancy shall establish a matching grant requirement for a grant awarded pursuant to this paragraph.

(c) One hundred thirty-seven million dollars ($137,000,000) shall be available to the Wildlife Conservation Board.

(Added by Stats. 2017, Ch. 852, Sec. 3. Approved in Proposition 68 at the June 5, 2018, election.)

80111.
  

The amount available to the Wildlife Conservation Board pursuant to subdivision (c) of Section 80110 is allocated as follows:

(a) Five million dollars ($5,000,000) shall be available for the development of regional conservation investment strategies that are not otherwise funded pursuant to Section 800 of the Streets and Highways Code or any other law.

(b) At least fifty-two million dollars ($52,000,000) shall be available for the acquisition, development, rehabilitation, restoration, protection, and expansion of habitat that furthers the implementation of natural community conservation plans adopted pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code) to help resolve resource conflicts by balancing communitywide conservation, planning, and economic activities or other large-scale habitat conservation plans that resolve resource conflicts with provisions for conservation, planning, and economic activities. Funding pursuant to this paragraph shall not be used to offset mitigation obligations otherwise required, but may be used as part of a funding partnership to enhance, expand, or augment conservation efforts required by mitigation.

(c) Up to ten million dollars ($10,000,000) may be granted to the University of California Natural Reserve System for matching grants for acquisition of land, construction and development of research facilities to improve the management of natural lands, for preservation of California’s wildlife resources, and to further research related to climate change. The Wildlife Conservation Board shall establish a matching grant requirement for grants awarded pursuant to this subdivision.

(d) The remainder of the amount available shall be available to the Wildlife Conservation Board to provide funding for the following projects:

(1) Projects to protect and enhance national recreation areas serving heavily urbanized areas or, in coordination with the State Lands Commission, to acquire an interest in federal public lands that may be proposed for sale or disposal.

(2) Projects according to the Wildlife Conservation Board’s governing statutes for its specified purposes.

(Added by Stats. 2017, Ch. 852, Sec. 3. Approved in Proposition 68 at the June 5, 2018, election.)

80112.
  

A receiving entity listed in subdivision (b) of Section 80110 shall develop and adopt a strategic master plan that identifies priorities and specific criteria for selecting projects for funding. The strategic plan shall include strategies for providing public access to conserved lands wherever feasible and be consistent with project goals and objectives.

(Added by Stats. 2017, Ch. 852, Sec. 3. Approved in Proposition 68 at the June 5, 2018, election.)

80113.
  

Entities, in expending the funding available under this chapter, shall endeavor, where practical, to partner with cities, counties, nonprofit organizations, joint powers authorities, and nongovernmental organizations to acquire open space and create urban greenway corridors.

(Added by Stats. 2017, Ch. 852, Sec. 3. Approved in Proposition 68 at the June 5, 2018, election.)

80114.
  

(a) Of the amount made available pursuant to Section 80110, two hundred million dollars ($200,000,000) is available to the Natural Resources Agency for implementation of voluntary agreements that provide multibenefit water quality, water supply, and watershed protection and restoration for the watersheds of the state to achieve the objectives of integrating regulatory and voluntary efforts, implementing an updated State Water Resources Control Board’s San Francisco Bay/Sacramento-San Joaquin Delta Estuary Water Quality Control Plan, and ensuring ecological benefits. Expenditure of funds provided in this section shall be in accordance with the following:

(1) For the purposes of this section, watershed restoration includes activities to fund wetland habitat, salmon, steelhead, and fishery benefits, improve and restore river health, modernize stream crossings, culverts, and bridges, reconnect historical flood plains, install or improve fish screens, provide fish passages, restore river channels, restore or enhance riparian, aquatic, and terrestrial habitat, improve ecological functions, acquire from willing sellers conservation easements for riparian buffer strips, improve local watershed management, predation management, hatchery management, and remove sediment or trash.

(2) For purposes of this section, funds may be used for projects that measurably enhance streamflows at a time and location necessary to provide fisheries or ecosystem benefits or improvements that improve upon existing flow conditions. Project types that may be eligible include, but are not limited to, water transactions such as lease, purchase, or exchange, change of use petitions to benefit fish and wildlife, surface storage to be used to enhance streamflow, forbearance of water rights, changes in water management, groundwater storage and conjunctive use, habitat restoration projects that reshape the stream hydrograph, water efficiency generally, irrigation efficiency and water infrastructure improvements that save water and enable reshaping of the stream hydrograph, reconnecting flood flows with restored flood plains, and reservoir reoperations both at existing and new storage sites.

(b) The funds authorized by this section are available for direct expenditures and local assistance grants by the Natural Resources Agency, in consultation with the Department of Fish and Wildlife, that satisfy all of the following:

(1) Implement voluntary agreements executed by the Department of Fish and Wildlife with federal and state agencies, local government, water districts and agencies, and nongovernmental organizations that improve ecological flows and habitat for species, create water supply and regulatory certainty for water users, and foster a collaborative approach to facilitate implementation of the State Water Resources Control Board’s Bay-Delta Water Quality Control Plan.

(2) Implement a voluntary agreement submitted by the Department of Fish and Wildlife to the State Water Resources Control Board on or before June 1, 2018, for consideration.

(3) Implement a voluntary agreement that is of statewide significance, restores natural aquatic or riparian functions or wetlands habitat for birds and aquatic species, protects or promotes the restoration of endangered or threatened species, enhances the reliability of water supplies on a regional or interregional basis, and provides significant regional or statewide economic benefits.

(c) Funds provided by this section shall not be expended to pay the costs of the design, construction, operation, mitigation, or maintenance of Delta conveyance facilities.

(d) If the Department of Fish and Wildlife submits a voluntary agreement that satisfies paragraph (2) of subdivision (b), unencumbered funds available pursuant to this section to implement that voluntary agreement shall no longer be available 15 years after the date the State Water Resources Control Board approves the submitted agreement, at which point funds remaining available pursuant to this section shall become available to the Natural Resources Agency for the purposes of Sections 79732 and 79736 of the Water Code. If no voluntary agreements are submitted on or before June 1, 2018, any remaining funds shall be available to the Natural Resources Agency for the purposes of Sections 79732 and 79736 of the Water Code. The Secretary of the Natural Resources Agency shall ensure an annual reporting of the funds pursuant to Section 80012.

(Amended by Stats. 2019, Ch. 497, Sec. 237. (AB 991) Effective January 1, 2020.)

80115.
  

Of the amount made available pursuant to Section 80110, fifty million dollars ($50,000,000) shall be available to the Department of Fish and Wildlife for capital improvements that address the Department of Fish and Wildlife’s backlog of deferred maintenance. Where practical, the Department of Fish and Wildlife shall partner with nonprofit organizations and nongovernmental organizations to inform the expenditure of these funds, enhance visitor experience, and where feasible, increase engagement with youth and disadvantaged communities.

(Added by Stats. 2017, Ch. 852, Sec. 3. Approved in Proposition 68 at the June 5, 2018, election.)

80116.
  

Of the amount made available pursuant to Section 80110, one hundred seventy million dollars ($170,000,000) shall be available to the Natural Resources Agency for restoration activities identified in the Salton Sea Management Program Phase I: 10 Year Plan, dated March 2017, the final management plan report, and any subsequent revisions to this plan.

(Added by Stats. 2017, Ch. 852, Sec. 3. Approved in Proposition 68 at the June 5, 2018, election.)

PRCPublic Resources Code - PRC