Code Section Group

Public Resources Code - PRC

DIVISION 22.9. SAN DIEGO RIVER CONSERVANCY [32630 - 32659.9]

  ( Division 22.9 added by Stats. 2002, Ch. 574, Sec. 1. )

CHAPTER 3. Powers and Duties [32639 - 32656.1]
  ( Heading of Chapter 3 renamed from Article 3 by Stats. 2004, Ch. 183, Sec. 296. )

32639.
  

The conservancy shall establish an office within the San Diego River watershed. The conservancy may rent or own real and personal property and equipment pursuant to applicable statutes and regulations. The conservancy shall not levy a tax or regulate land use.

(Amended by Stats. 2017, Ch. 306, Sec. 4. (SB 214) Effective January 1, 2018.)

32640.
  

All meetings of the governing board are subject to the Bagley-Keene Open Meeting Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code).

(Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)

32641.
  

The governing body shall determine the qualification of, and shall appoint, the executive officer of the conservancy and shall employ other necessary staff persons to execute the powers and duties of the conservancy in accordance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 1 of the Government Code).

(Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)

32642.
  

The conservancy may do any of the following to assist in the decisionmaking process for the purposes of this division:

(a) Establish advisory boards, panels, or committees.

(b) Engage in public outreach.

(Amended by Stats. 2018, Ch. 738, Sec. 1. (SB 1367) Effective January 1, 2019.)

32643.
  

The conservancy may do any of the following to provide necessary services:

(a) Select and hire private consultants or contractors.

(b) Enter into memorandums of understanding with state and local public agencies, and other entities and organizations.

(c) Enter into a joint powers agreement pursuant to the Joint Exercise of Powers Act, as described in Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code.

(Amended by Stats. 2018, Ch. 738, Sec. 2. (SB 1367) Effective January 1, 2019.)

32644.
  

The jurisdiction of the conservancy is limited to the San Diego River Area.

(Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)

32645.
  

The conservancy may take any of the following actions for the purposes of this division:

(a) Select and acquire real property or interests in real property in the name of the state pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). The conservancy may coordinate the acquisition with public agencies or partner organizations if the site is under immediate development pressure.

(b) Acquire interests in land by various means, including, but not limited to, land exchanges, easements, development rights, life estates, leases, and leaseback agreements.

(c) Accept and hold real property or an interest in real property that is acquired through acquisition, gift, exchange, donation, or dedication.

(d) Local public agencies shall retain exclusive authority over all zoning or land use regulations within their jurisdiction.

(Amended by Stats. 2017, Ch. 306, Sec. 6. (SB 214) Effective January 1, 2018.)

32646.
  

Notwithstanding any other provision of law, the conservancy has the first right of refusal to acquire any public lands that are suitable for park and open space within the conservancy’s jurisdiction when those lands become available. The conservancy may not exercise the power of eminent domain.

(Amended by Stats. 2007, Ch. 646, Sec. 7. Effective January 1, 2008.)

32647.
  

The conservancy may designate or enter into an agreement with any public agency to provide real estate services, and may assign authority to execute agreements for the acquisition or disposal of real property or interests in real property.

(Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)

32648.
  

Notwithstanding any other provision of law, the conservancy may not enter into an option to purchase land in fee simple or a lesser interest for an amount in excess of three hundred thousand dollars ($300,000).

(Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)

32649.
  

(a) The conservancy may award grants to any local public agency, state agency, joint powers agency, special district, tribal nation, and nonprofit organization consistent with the purposes of this division.

(b) A grant from the conservancy to an entity described in subdivision (a) for the acquisition of real property or an interest in real property is subject to all of the following conditions:

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

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

(3) An interest in land acquired through the use of a grant may not be used as security for any debt to be incurred by the entity.

(4) A transfer of land acquired through the use of a grant is subject to the approval of the conservancy and the execution of an agreement between the conservancy and the transferee sufficient to protect the interest of the people of the state.

(5) The state shall have the right of entry and power of termination over any interest in real property acquired with state funds, and may exercise those rights if any material term or condition of the grant is violated.

(6) If the entity receiving the grant ceases to exist for any reason, the title to all interests in real property acquired with state funds shall immediately vest in the state, except that, prior to that termination, any other public agency or nonprofit organization may receive, upon approval by the conservancy, title to all or a portion of that interest, by recording a written acceptance of title and the conservancy’s written approval with the county recorder’s office of the county with jurisdiction over the property.

(7) If the terms and conditions of the grant are not met, the conservancy may seek repayment of moneys granted pursuant to that grant.

(c) Any deed or other instrument of conveyance evidencing the final acquisition of real property by an entity pursuant to this section shall be recorded with the county recorder’s office in the county with jurisdiction over the property, and shall detail the state’s right of entry and power of termination of any interest in the property.

(Amended by Stats. 2017, Ch. 306, Sec. 7. (SB 214) Effective January 1, 2018.)

32650.
  

Notwithstanding any other provision of law, the conservancy may lease, rent, sell, exchange, or otherwise transfer any real property or interest in real property that is acquired under this division to a local public agency, state agency, federal agency, nonprofit organization, individual, corporate entity, or partnership for management purposes pursuant to terms and conditions approved by the conservancy. The conservancy may request the Director of General Services to undertake these actions on its behalf.

(Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)

32651.
  

The conservancy may take any of the following actions for the purposes of this division:

(a) Initiate, negotiate, and participate in agreements for the management of land under its ownership or control with a local public agency, state agency, federal agency, nonprofit organization, tribal nation, individual, corporate entity, and partnership, and enter into any other agreement authorized by state or federal law.

(b) Improve, develop, and preserve lands for the purpose of protecting the natural, cultural, and historical resources, or otherwise meeting the purposes of this division. Those purposes include protecting environmental resources by preserving and enhancing the state’s most valuable natural resources in the San Diego River area, including natural lands such as wetlands, watersheds, wildlife habitat, and other wildlands, recreation lands such as parks, trails, greenbelts, and other open-space lands, and landscapes with locally unique features and areas identified by the state as deserving special protection.

(c) Merge or split parcels, adjust boundary lines, or take similar actions as part of the acquisition of land, or as needed in order to facilitate the management of land under its ownership or control.

(d) Fix and collect fees for any service rendered by the conservancy. The amount of the fee may not exceed the reasonable cost of providing the service rendered by the conservancy.

(Amended by Stats. 2017, Ch. 306, Sec. 8. (SB 214) Effective January 1, 2018.)

32652.
  

The conservancy may receive any gift, donation, subvention, grant, rent, royalty, and other financial aid and funds from any private or public source, or both.

(Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)

32653.
  

(a) The conservancy may develop and coordinate an integrated program of resource stewardship to manage the entire San Diego River Area in a manner that balances the recreational needs of the surrounding communities with strong protection of the area’s natural resources.

(b) The conservancy shall establish policies and priorities within the San Diego River Area, and conduct any necessary planning activities in accordance with the purposes of this division.

(c) The conservancy shall establish priorities to be given to projects that create or enhance opportunities that provide recreation, aesthetic improvement, wildlife habitat, wetlands protection, water quality, and natural flood control in the San Diego River Area.

(Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)

32654.
  

(a) The conservancy, in consultation with other public agencies with appropriate jurisdiction and expertise, may do all of the following for any degraded area:

(1) Undertake site improvement projects.

(2) Regulate public access.

(3) Provide for restoration and rehabilitation.

(b) The conservancy may upgrade deteriorating facilities, and construct new facilities as needed for outdoor recreation, nature appreciation and interpretation, and natural resource protection.

(Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)

32655.
  

The conservancy has, and may exercise, all rights and powers, expressed or implied, necessary to carry out the purposes of this division, except as otherwise provided.

(Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)

32656.
  

The conservancy may sue and be sued.

(Added by Stats. 2002, Ch. 574, Sec. 1. Effective January 1, 2003.)

32656.1.
  

(a) On or before January 1, 2017, and on or before January 1 of every odd-numbered year thereafter, the conservancy shall prepare and submit to the Governor and the Legislature a report that includes all of the following:

(1) A description of, and the amount of money expended for, every project funded or undertaken by the conservancy, directly or by an entity under the direction of the conservancy, during the two years prior to the date of the report.

(2) A description of the progress made in accomplishing the purposes of this division during the two years prior to the date of the report.

(3) Recommendations regarding legislative action that may be necessary to provide funding or other resources to enable the conservancy to more effectively and efficiently carry out its mission, goals, and objectives.

(4) A summary of the program established in Chapter 4.5 (commencing with Section 32659).

(b) The report shall be submitted to the Legislature in the manner provided in Section 9795 of the Government Code.

(Amended by Stats. 2018, Ch. 738, Sec. 3. (SB 1367) Effective January 1, 2019.)

PRCPublic Resources Code - PRC