Chapter 4 - Powers and Duties

California Public Resources Code — §§ 32565-32579

Sections (17)

Amended by Stats. 2022, Ch. 714, Sec. 7. (SB 1052) Effective January 1, 2023.

The jurisdiction of the conservancy shall include only those lands or other areas that are donated to, or otherwise acquired by, or are operated by the conservancy, that are located in the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area.

Amended by Stats. 2023, Ch. 78, Sec. 1. (SB 835) Effective January 1, 2024.

The conservancy shall do all of the following:

(a)Develop and coordinate an integrated program of resource stewardship so that the entire Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area is managed for optimum climate resilience and recreational and natural resource values based upon the needs and desires of the surrounding community.
(b)Establish policies and priorities within the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area, and conduct any necessary planning activities in accordance with the purposes set forth in Section 32555.
(c)Give priority to related projects that create

expanded opportunities that provide recreation, aesthetic improvement, and wildlife habitat in the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area.

(d)Carry out projects and activities to further the purposes of this division throughout the region and, in doing so, the board shall make every effort to ensure that, over time, conservancy funding and other efforts are spread equitably across each of the various subregions and among the stated goal areas, with adequate allowance for the variability of costs associated with individual regions and types of projects.
(e)Study the potential environmental and recreational uses of the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area.
(f)(1) Develop and adopt a proposed watershed and

open-space plan for improvements in the conservancy territory.

(2)(A) A report on the plan shall be provided to the Legislature on or before January 1, 2026.
(B)A report submitted pursuant to this paragraph shall be submitted in compliance with Section 9795 of the Government Code.
(C)This paragraph shall become inoperative on January 1, 2030, pursuant to Section 10231.5 of the Government

Code.

Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.

The conservancy may direct the management, operation, administration, and maintenance of the lands and facilities it acquires in accordance with the purposes set forth in Section 32555. The conservancy may adopt regulations governing the use by the public of conservancy lands and facilities and may provide for the enforcement of those regulations.

Amended by Stats. 2022, Ch. 714, Sec. 9. (SB 1052) Effective January 1, 2023.

The conservancy shall determine acquisition priorities and may acquire real property or any interest in real property within the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area from willing sellers and at fair market value or on other mutually acceptable terms, upon a finding that the acquisition is consistent with the purposes of the conservancy. The conservancy may acquire the property itself, or may coordinate the acquisition with other public agencies with appropriate responsibility and available funding or land to exchange. The overall objectives of the land acquisition program shall be to assist in accomplishing land transactions that are mutually beneficial to the landowners and the conservancy, and that meet the conservancy’s purposes. Neither the conservancy nor the

State Public Works Board shall exercise the power of eminent domain for the purposes of this division. The conservancy shall have the first right of refusal to acquire, at the cost of acquisition, surplus public lands suitable for park and open space within the conservancy’s territory, and may accept private or public lands offered for recreational trails.

Amended by Stats. 2022, Ch. 714, Sec. 10. (SB 1052) Effective January 1, 2023.

(a)The conservancy may, within the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area, undertake site improvement projects; regulate public access; revegetate and otherwise rehabilitate degraded areas, in consultation with other public agencies with appropriate jurisdiction and expertise; upgrade deteriorating facilities; and construct new facilities as needed for outdoor recreation, nature appreciation and interpretation, and natural resource protection. These projects shall be directed by the conservancy and undertaken by other public agencies, with the conservancy providing overall coordination through setting priorities for projects and assuring uniformity of approach.
(b)The conservancy

shall not, under any circumstances, extend the road designated as “Stocker Street” to Overland Avenue or to any street within the boundaries of the City of Culver City without the prior written approval of the city council.

Amended by Stats. 2002, Ch. 3, Sec. 8. Effective January 1, 2003.

(a)The conservancy may award grants to local public agencies, state agencies, federal agencies, and nonprofit organizations for the purposes of this division.
(b)Grants to nonprofit organizations for the acquisition of real property or interests in real property shall be subject to all of the following conditions:
(1)The conservancy may acquire property at fair market value and consistent with the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code), except that the acquisition price of lands acquired from public agencies may be based on the public agencies’ cost to acquire the land.
(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 incurred by the nonprofit organization unless the conservancy approves the transaction.
(4)The transfer of land acquired pursuant to a grant shall be subject to the approval of the conservancy and the execution of an agreement between the conservancy and the transferee sufficient to protect the interests of the conservancy.
(5)The conservancy shall have a right of entry and power of termination in and over all interests in real property acquired with state funds, which may be exercised if any essential term or condition of the grant is violated.
(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 conservancy, except that, prior to that termination, another public agency or nonprofit organization may receive title to all or a portion of that interest in real property, by recording its acceptance of title, together with the conservancy’s approval, in writing.
(c)Any deed or other instrument of conveyance whereby real property is acquired by a nonprofit organization pursuant to this section shall be recorded and shall set forth the executory interest or right of entry on the part of the conservancy.

Amended by Stats. 2002, Ch. 3, Sec. 9. Effective January 1, 2003.

(a)Notwithstanding any other provision of law, the conservancy may lease, rent, sell, exchange, or otherwise transfer any real property or interest therein or option acquired under this division to a local public agency, state agency, federal agency, nonprofit organization, individual, or other entity 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.
(b)The conservancy may initiate, negotiate, and participate in agreements for the management of land under its ownership or control with local public agencies, state agencies, federal agencies, nonprofit organizations, individuals, or other entities and may enter into any other agreements authorized by state or federal law.

Amended by Stats. 2022, Ch. 714, Sec. 11. (SB 1052) Effective January 1, 2023.

(a)Local public agencies may enter into an agreement to transfer responsibility for the management of the land located within the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area to the conservancy.
(b)Local public agencies shall retain exclusive authority over all zoning or land use regulations within their jurisdiction.

Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.

The conservancy shall restrict access on acquired lands that are unsuitable for parks and open-space use by entering into temporary agreements with other state or local public agencies for the protection of public health and safety, resource management and protection, and security.

Amended by Stats. 2022, Ch. 714, Sec. 12. (SB 1052) Effective January 1, 2023.

The conservancy shall do all of the following:

(a)Establish policies and priorities regarding the territory within the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area, and conduct any necessary planning activities in accordance with the purposes set forth in Section 32555.
(b)Give priority to related projects that create expanded opportunities that provide recreation, aesthetic improvement, and wildlife habitat in the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area.
(c)Approve conservancy-funded projects that advance the policies and priorities set

forth in this division.

(d)Review the master plan required pursuant to subdivisions (b) and (c) of Section 1 of Chapter 752 of the Statutes of 1999 and implement prioritization for the acquisition and operation of additional recreational and open-space needs, including additional or upgraded facilities and parks that may be necessary or desirable.

Added by Stats. 2022, Ch. 714, Sec. 13. (SB 1052) Effective January 1, 2023.

(a)The Baldwin Hills, Southern Ballona Creek Watershed, and Upper Dominguez Channel Urban Watershed Improvement Program is hereby established, to be administered by the conservancy for climate change adaptation improvements, to protect, conserve, and restore the health and resilience of the watersheds and communities of the region, in support of the purposes and programs described in Section 32565.5. In implementing this program, the conservancy shall coordinate and collaborate with other state agencies, federal agencies, local entities, and stakeholders.
(b)In implementing this program, notwithstanding Section 32575, the conservancy may test new funding, policy, planning, and implementation approaches with the area covered by an initiative

to test new ways of accomplishing the program objectives and goals described in subdivision (a), with the intent of broadening the scope of the initiative to apply to the entire program area.

(c)This section shall not be construed as requiring the Legislature to appropriate additional funds.

Amended by Stats. 2022, Ch. 714, Sec. 14. (SB 1052) Effective January 1, 2023.

(a)The conservancy may fix and collect fees for the use of any land owned or controlled, or for any service provided, by the conservancy. No fee shall exceed the cost of maintaining and operating the land or of providing the service for which the fee is charged.
(b)The fee revenue and all other revenue received pursuant to this division shall be deposited in the Baldwin Hills and Urban Watersheds Conservancy Fund, which is hereby created in the State Treasury. The money in the fund shall be expended by the conservancy, upon appropriation by the Legislature, for the purposes of this division.
(c)Nothing in this act changes the Kenneth Hahn State Recreation

Area’s status to receive funds as part of the state parks system.

Amended by Stats. 2022, Ch. 714, Sec. 15. (SB 1052) Effective January 1, 2023.

The conservancy shall administer any funds appropriated to it, including any funds appropriated to it for these purposes from any future bond act or local initiative measure, and any revenue generated by public agencies for the Baldwin Hills, southern Ballona Creek Watershed, and Upper Dominguez Channel area and contributed to the conservancy, and may expend those funds for capital improvements, land acquisition, or support of the conservancy’s operations. Subject to Section 11005 of the Government Code, the conservancy may also accept any revenue, money, grants, goods, or services contributed to the conservancy by any public agency, private entity, or person, and, upon receipt, may expend any such revenue, money, or grants for capital improvements, land acquisitions, or support of the conservancy’s

operations.

Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.

The conservancy may recruit and coordinate volunteers and experts to assist with conservancy projects and the maintenance of conservancy lands.

Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.

The conservancy shall coordinate its actions with state and local public safety agencies.

Added by Stats. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.

The conservancy shall have, 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. 2000, Ch. 428, Sec. 1. Effective January 1, 2001.

The conservancy may sue and be sued.