Chapter 3 - Establishment and Functions of the State Coastal Conservancy

California Public Resources Code — §§ 31100-31123

Showing inline text for up to 20 sections. Open a section link to read its full text.

Sections (31)

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

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.

Added by Stats. 1979, Ch. 930.

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.

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

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

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.

Added by Stats. 1976, Ch. 1441.

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. 2021, Ch. 258, Sec. 25. (SB 155) Effective September 23, 2021.

Pursuant to Section 1090 of the Government Code, an officer or employee of the conservancy shall not be deemed to be financially interested in a contract made in their official capacity when all of the following conditions are met:

(a)The financial interest in question is limited to the individual’s salary, per diem, or reimbursement for expenses as an officer or employee of the conservancy.
(b)The individual is performing staff functions for the San Francisco Bay Restoration Authority as part of their employment by the conservancy.
(c)The contract involves a grant of funds by the San Francisco Bay Restoration Authority to the

conservancy.

Added by Stats. 1976, Ch. 1441.

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.

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

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.

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

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

Added by Stats. 1986, Ch. 1481, Sec. 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. 1976, Ch. 1441.

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.

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

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

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.

Added by Stats. 1978, Ch. 807.

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.

Amended by Stats. 2021, Ch. 755, Sec. 3. (AB 1570) Effective January 1, 2022.

On January 2, three years after the most recent report was submitted, the conservancy shall prepare and submit to the Governor and to the Legislature a report describing progress in achieving the objectives of this division and shall prepare and submit an additional report every three years thereafter. 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.
(d)A discussion of its progress in implementing the Lower Cost Coastal Accommodations Program established pursuant to Section 31412.

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

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. 1978, Ch. 807.

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.

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

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).

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

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.

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

(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).

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.

Open the section link to read its full text.