reglab/statecodes huggingface dataset:
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7 - Fish and Wildlife Habitat Enhancement Act of 1984 › ARTICLE 3 - Fiscal Provisions › Section 2644.

2644. For the purposes of carrying out the provisions of this article, the Director of Finance may, pursuant to appropriate authority in each annual Budget Act, authorize the withdrawal from the General Fund of an amount or amounts not to exceed the amount of the unsold bonds which have been authorized to be sold for the purpose of carrying out this chapter. Any amounts withdrawn shall be deposited in the fund. Any moneys made available under this section shall be returned to the General Fund from moneys received from the sale of bonds for the purpose of carrying out the provisions of this chapter. The withdrawals from the General Fund shall be returned to the General Fund with interest at the rate which would otherwise have been earned by those sums in the Pooled Money Investment Fund.
(Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7 - Fish and Wildlife Habitat Enhancement Act of 1984 › ARTICLE 3 - Fiscal Provisions › Section 2644.5.

2644.5. Notwithstanding any other provision of this bond act, or of the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3 of Division 4 of Title 2 of the Government Code), if the Treasurer sells bonds pursuant to this bond act that include a bond counsel opinion to the effect that the interest on the bonds is excluded from gross income for federal tax purposes under designated conditions, the Treasurer may maintain separate accounts for the bond proceeds invested and the investment earnings on those proceeds, and may use or direct the use of those proceeds or earnings to pay any rebate, penalty, or other payment required under federal law, or take any other action with respect to the investment and use of those bond proceeds, as may be required or desirable under federal law in order to maintain the tax-exempt status of those bonds and to obtain any other advantage under federal law on behalf of the funds of this state.
(Added by Stats. 1991, Ch. 652, Sec. 9.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7 - Fish and Wildlife Habitat Enhancement Act of 1984 › ARTICLE 3 - Fiscal Provisions › Section 2645.

2645. All proposed appropriations for the program shall be included in a section in the Budget Bill for the 1984–85 fiscal year and each succeeding fiscal year for consideration by the Legislature and shall bear the caption “Fish and Wildlife Habitat Enhancement Program.” The section shall contain separate items for each project, each class of projects, or each element of the program for which an appropriation is made.
All appropriations shall be subject to all limitations enacted in the Budget Act and to all fiscal procedures prescribed by law with respect to the expenditure of state funds unless expressly exempted from such laws by a statute enacted by the Legislature. The section in the Budget Act shall contain proposed appropriations only for the program elements and classes of projects contemplated by this chapter, and no funds derived from the bonds authorized by this chapter may be expended pursuant to an appropriation not contained in that section of the Budget Act.
(Amended by Stats. 2001, Ch. 745, Sec. 52. Effective October 12, 2001. Note: This section was added by Stats. 1984, Ch. 6, and approved in Prop. 19 on June 5, 1984.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7 - Fish and Wildlife Habitat Enhancement Act of 1984 › ARTICLE 3 - Fiscal Provisions › Section 2646.

2646. The bonds authorized by this chapter shall be prepared, executed, issued, sold, paid, and redeemed as provided in the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 3, Division 4, Title 2 of the Government Code), and all of the provisions of that law are applicable to the bonds and to this chapter and are hereby incorporated in this chapter as though set forth in full herein.
(Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7 - Fish and Wildlife Habitat Enhancement Act of 1984 › ARTICLE 3 - Fiscal Provisions › Section 2647.

2647. Solely for the purpose of authorizing the issuance and sale, pursuant to the State General Obligation Bond Law (Chapter 4 (commencing with Section 16720) of Part 1 of Division 4 of Title 2 of the Government Code), of the bonds authorized by this chapter, the Wildlife Habitat Enhancement Program Finance Committee is hereby created. The committee consists of the Controller, the Director of Finance, and the Treasurer. For purposes of this chapter, this committee is “the committee” as that term is used in the State General Obligation Bond Law, and the Treasurer shall serve as chairman of the committee.
(Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7 - Fish and Wildlife Habitat Enhancement Act of 1984 › ARTICLE 3 - Fiscal Provisions › Section 2648.

2648. All money deposited in the fund which is derived from premium and accrued interest on bonds sold shall be reserved in the fund and shall be available for transfer to the General Fund as a credit to expenditures for bond interest.
(Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7 - Fish and Wildlife Habitat Enhancement Act of 1984 › ARTICLE 3 - Fiscal Provisions › Section 2649.

2649. Commencing with the Budget Bill for the 1995-96 fiscal year, the balance remaining in the fund may be appropriated by the Legislature for expenditure, without regard to the maximum amounts allocated to each element of the program, for any or all elements of the program specified in Section 2620, or any class or classes of projects within those elements that the Legislature deems to be of the highest priority.
(Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7 - Fish and Wildlife Habitat Enhancement Act of 1984 › ARTICLE 3 - Fiscal Provisions › Section 2650.

2650. The Legislature hereby finds and declares that, inasmuch as the proceeds from the sale of bonds authorized by this chapter are not “proceeds of taxes” as that term is used in Article XIII B of the California Constitution, the disbursement of these proceeds is not subject to the limitations imposed by that article.
(Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7 - Fish and Wildlife Habitat Enhancement Act of 1984 › ARTICLE 3 - Fiscal Provisions › Section 2651.

2651. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end, the provisions of this chapter are severable.
(Added by Stats. 1984, Ch. 6, Sec. 1. Approved in Proposition 19 at the June 5, 1984, election. Operative July 1, 1984, by Stats. 1984, Ch. 6, Sec. 3.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 1 - General Provisions › Section 2700.

2700. This chapter shall be known and may be cited as the Wildlife and Natural Areas Conservation Act.
(Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 1 - General Provisions › Section 2701.

2701. (a) The fundamental requirement for healthy, vigorous populations of fish and wildlife is habitat. Without adequate habitat, efforts to conserve and manage fish and wildlife resources will have limited success. Further, California contains the greatest diversity of wildlife and plant species of virtually any state in the nation. This rich natural heritage enables Californians to enjoy a great variety of recreational, aesthetic, ecological, and other uses and benefits of these biological resources. The public interest is served only by ensuring that these resources are preserved, protected, and propagated for this and future generations.
(b) Many of California’s wildlife, fish, and plant species and biological communities are found nowhere else on earth. Without adequate protection and management, rare native species and communities could easily become extinct. In that event, the benefits they provide to the people of California, whether presently realized or which remain to be discovered, will be lost forever, and California will be significantly poorer as a result.
(c) The people of California have vested in the department the principal responsibility for protecting, conserving, and perpetuating native fish, plants, and wildlife, including endangered species and game animals, for their aesthetic, intrinsic, ecological, educational, and economic values. To help accomplish this goal, the people of California have further established a significant natural areas program and a natural diversity database in the department, which is charged with maintaining and perpetuating California’s most significant natural areas for present and future generations. To ensure the perpetuation of areas containing uncommon elements of natural diversity and to ensure the continued abundance of habitat for more common species, especially examples of those that are presently threatened with destruction, the purchase of land is often necessary.
(d) Accordingly, the purpose of this chapter is to provide the Wildlife Conservation Board and the department the financial means to correct the most severe deficiencies in wildlife habitat and in the statewide system of areas designated for the preservation of California’s natural diversity through a program of acquisition, enhancement, restoration, and protection of areas that are most in need of proper conservation.
(Amended by Stats. 2015, Ch. 154, Sec. 56. (AB 1527) Effective January 1, 2016. Note: This section was added on June 7, 1988, by initiative Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 1 - General Provisions › Section 2702.

2702. As used in this chapter, the following terms have the following meanings:
(a) “Acquisition” means the acquiring of any interest in real property.
(b) “Fund” means the Wildlife and Natural Areas Conservation Fund created pursuant to Section 2720.
(c) “Highly rare” means a worldwide rarity in which any species or natural community occurs in 50 or fewer locations, irrespective of whether the species or any species in the community is listed as threatened or endangered or was previously listed as rare.
(d) “Natural community” means a distinct, identifiable, and recurring association of plants and animals that are ecologically interrelated.
(e) “Species” means the fundamental biological unit of plant and animal classification that comprises a subdivision of a genus, but for the purposes of this chapter, “species” also includes the unit of a subspecies.
(Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 2 - Habitat Conservation Program › Section 2720.

2720. Moneys available for the purposes of this chapter pursuant to Chapter 4 (commencing with Section 5930) of Division 5.8 of the Public Resources Code shall be deposited in the Wildlife and Natural Areas Conservation Fund, which is hereby created. Money deposited in the fund shall be available for appropriation by the Legislature to the Wildlife Conservation Board, for expenditure pursuant to the Wildlife Conservation Law of 1947, for the following programs:
(a) Forty-one million dollars ($41,000,000) for the preservation of highly rare examples of the state’s natural diversity through the acquisition, enhancement, restoration, or protection, or a combination thereof, of lands supporting California’s unique, fragile, threatened, or endangered plants, animals, and natural communities.
(b) Six million dollars ($6,000,000) for the acquisition, enhancement, restoration, or protection, or a combination thereof, of critical habitat areas for fish, game mammals, and game birds, including, but not limited to, the following types:
(1) Winter deer ranges.
(2) Wild trout or steelhead nursery and spawning areas.
(3) Significant routes of migration for wildlife.
(4) Breeding, nesting, and forage areas for sage grouse and other upland game birds.
For purposes of this subdivision, “enhancement” includes the construction or development of facilities for furnishing public access to lands or waters open to the public for fishing, hunting, or shooting.
(c) Three million dollars ($3,000,000) for the acquisition, enhancement, restoration, or protection, or any combination thereof, of lands providing habitat for threatened, endangered, or fully protected species, such as the bald eagle, San Joaquin kit fox, desert tortoise, bighorn sheep, peregrine falcon, and California condor.
(Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 2 - Habitat Conservation Program › Section 2721.

2721. Funds available pursuant to subdivision (a) of Section 2720 shall be expended to acquire, enhance, restore, or protect lands in California on which any of the following naturally exists:
(a) A unique species or natural community, whose existence at a single location in California is the only known occurrence in the world of that particular species or natural community.
(b) A species that occurs in only 20 or fewer locations in the world, at least one of which is in California.
(c) A natural community that occurs in only 50 or fewer locations in the world, at least one of which is in California.
(d) An assemblage of three or more highly rare species or natural communities, or any combination thereof, of which at least one of the species or natural communities is found only in 20 or fewer locations in the world.
(Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 2 - Habitat Conservation Program › Section 2722.

2722. (a) Whenever the application of the criteria specified in Section 2721 results in the identification of two or more parcels of land that are essentially indistinguishable as to their quality, preference shall be given to the parcel on which exists the species that is more threatened or more endangered.
(b) Whenever the application of the criteria specified in Section 2721 results in the identification of two or more parcels of land that are essentially indistinguishable as to their quality and the degree of threat to, or endangerment of, the species existing on them, preference shall be given to the parcel on which exists the best example of the species. As used in this subdivision, “best example” means the parcel of land and the wildlife inhabiting it which, in balancing all the factors present, represents, as determined by the board, the stronger combination of all of the following: the better condition, higher quality, easier defensibility, greater likelihood of long-term viability, and the lesser costs to be incurred by the department in operating and maintaining the parcel.
(Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 2 - Habitat Conservation Program › Section 2723.

2723. (a) Of the total amount available pursuant to subdivision (a) of Section 2720, not more than five million dollars ($5,000,000) may be encumbered for any single acquisition project. In enacting this limitation, the people of California recognize that there are a number of important projects meeting the criteria of this chapter but whose acquisition cost would most likely exceed this limitation. Therefore, in these instances any acquisition cost in excess of this limitation may be met by a donation by the owner, donations of funds from private sources, or other funds from state or nonstate sources.
(b) The qualification for or allocation of a grant or grants to a local agency under Section 2720 shall not preclude eligibility for an additional allocation of grant funds to the same local agency pursuant to Section 2720 of this code or Section 5907 of the Public Resources Code.
(Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 2 - Habitat Conservation Program › Section 2724.

2724. (a) In choosing among two or more parcels of land to be acquired, enhanced, restored, or protected with funds available pursuant to subdivision (b) or (c) of Section 2720, preference shall be given to acquiring, enhancing, restoring, or protecting the parcel that will result in the least cost to the department for operating and maintaining the land.
(b) Funds available pursuant to subdivisions (b) and (c) of Section 2720 may be encumbered only for lands which constitute habitat that is subject to destruction, drastic modification, or significant curtailment of habitat values.
(Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 2 - Habitat Conservation Program › Section 2725.

2725. No funds available pursuant to this chapter shall be encumbered for any lands that, due to their degraded character, will not sustain plants or wildlife or will not afford protection to a natural community on a long-term basis.
(Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 2 - Habitat Conservation Program › Section 2726.

2726. With respect to any lands which may be acquired, enhanced, restored, or protected with funds under this chapter and which could also be eligible for funds under Chapter 7 (commencing with Section 2600), funds under this chapter shall not be encumbered for those lands until it is determined by the Wildlife Conservation Board that funds are not likely to be available for those lands under that Chapter 7.
(Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 2 - Habitat Conservation Program › Section 2727.

2727. No funds available for appropriation under this chapter may be encumbered for any purpose described in Section 1353 of the Fish and Game Code.
(Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 2 - Habitat Conservation Program › Section 2728.

2728. An annual amount, not to exceed three hundred fifty thousand dollars ($350,000) may be appropriated from the fund in the 1988–89 through 1998–99 fiscal years, in an amount to be determined in each annual appropriation, to the Wildlife Conservation Board for expenditure for costs incurred by the board and the department in administering this chapter, including, but not limited to, preacquisition studies, planning, appraisals, surveys, and closing costs. The Wildlife Conservation Board and the department may augment, as needed, any amount thus appropriated with any funds appropriated to it from any other source.
(Added June 7, 1988, by initiative Proposition 70. Operative November 9, 1988, by Sec. 4 of Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 7.5 - Wildlife and Natural Areas Conservation Program › ARTICLE 2 - Habitat Conservation Program › Section 2729.

2729. (a) For the purpose of administering this chapter, the Wildlife Conservation Board and the department shall augment its existing staff, whenever possible, by contracting for those services necessary for the administration of this chapter. Any contract shall, however, be entered into only pursuant to Sections 19130 to 19132, inclusive, of the Government Code and shall be only for the minimum period necessary for completion of the particular project or projects for which the contract was entered into.
(b) Due to the limited duration of the program authorized by this chapter, in the event some services cannot be provided by contract, any personnel directly hired by the Wildlife Conservation Board for the administration of this chapter shall be hired, to the extent permitted by Article 2 (commencing with Section 19080) of Chapter 5 of Part 2 of Division 5 of Title 2 of the Government Code, as limited-term appointments.
(Amended by Stats. 2015, Ch. 154, Sec. 57. (AB 1527) Effective January 1, 2016. Note: This section was added on June 7, 1988, by initiative Prop. 70.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 8 - Fisheries Restoration › Section 2761.

2761. The Legislature finds and declares as follows:
(a) Many of California’s significant fish and wildlife resources in inland and coastal waters have declined as the result of many development projects which have provided valuable economic growth.
(b) Fish and wildlife have been adversely affected by water developments that have significantly altered water flows in many of California’s rivers and streams, thereby affecting fish and wildlife, their habitat, adjacent riparian habitat, spawning areas, and migration routes.
(c) Fish and wildlife are important public resources with significant economical, environmental, recreational, aesthetic, and educational values.
(d) California intends to make reasonable efforts to prevent further declines in fish and wildlife, to restore fish and wildlife to historic levels where possible, and to enhance fish and wildlife resources where possible.
(e) Protection of, and an increase in, the naturally spawning salmon and steelhead trout resources of the state would provide a valuable public resource to the residents, a large statewide economic benefit, and would, in addition, provide employment opportunities not otherwise available to the citizens of this state, particularly in rural areas of underemployment.
(f) The protection of, and increase in, the naturally spawning salmon and steelhead trout resources of the state should be accomplished primarily through the improvement of stream habitat.
(g) The Salmon, Steelhead Trout, and Anadromous Fisheries Program Act (Ch. 8 (commencing with Sec. 6900), Pt. 1, Div. 6), declares that it is the policy of the state to increase the state’s salmon and steelhead trout resources, and directs the department to develop a plan and program that strives to double the salmon and steelhead trout resources.
(Amended by Stats. 1990, Ch. 1671, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 8 - Fisheries Restoration › Section 2762.2.

2762.2. The department may advance partial finding, of up to 50 percent of the amount contracted for, to contractors for projects under subdivision (b) of Section 2762 if the director finds the organization meets all of the following requirements:
(1) It has a previously demonstrated record of successfully completing one or more fishery restoration projects funded under contract with the department.
(2) It utilizes generally accepted accounting procedures.
(3) It demonstrates that the project can be accomplished more efficiently and economically with partial funding advanced at the initiation of the project.
(Added by Stats. 1987, Ch. 937, Sec. 1.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 8 - Fisheries Restoration › Section 2762.5.

2762.5. In addition to subdivision (b) of Section 2762, the moneys in the Fisheries Restoration Account may be expended, upon appropriation by the Legislature, by the department to fund the administrative costs of the Advisory Committee on Salmon and Steelhead Trout.
(Added by Stats. 1986, Ch. 212, Sec. 1. Effective June 27, 1986.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 8 - Fisheries Restoration › Section 2762.6.

2762.6. The department shall, after consultation with the Advisory Committee on Salmon and Steelhead Trout, allocate that amount of moneys appropriated to the department from the Public Resources Account in the Cigarette and Tobacco Products Surtax Fund which the department determines to be necessary to pay the costs for the advisory committee.
(Added by Stats. 1989, Ch. 1400, Sec. 4. Effective October 2, 1989.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 8 - Fisheries Restoration › Section 2763.

2763. The director shall consult with the Resources Agency, the Department of Water Resources, the State Water Resources Control Board, the State Coastal Conservancy, the San Francisco Bay Conservation and Development Commission, and the California Coastal Commission in determining projects proposed for funding pursuant to Section 2762.
(Added by Stats. 1985, Ch. 1236, Sec. 1. Effective September 30, 1985.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 8 - Fisheries Restoration › Section 2764.

2764. The director shall consult with other responsible state agencies and appropriate fishery advisory committees, including, but not limited to, the Advisory Committee on Salmon and Steelhead Trout and the Striped Bass Stamp Advisory Committee, in developing projects to be funded pursuant to Section 2762.
(Added by Stats. 1985, Ch. 1236, Sec. 1. Effective September 30, 1985.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 8 - Fisheries Restoration › Section 2765.

2765. The California Water Commission, in any recommendation it may make to the Congress of the United States on funding for water projects, shall include recommendations for studies, programs, and facilities necessary to correct fish and wildlife problems caused, fully or partially, by federal water facilities and operation, including, but not limited to, all of the following:
(a) The Red Bluff Dam.
(b) The Trinity and Lewiston Dams.
(c) The facilities necessary to protect wildlife areas in the Suisun Marsh and the Sacramento-San Joaquin Delta from adverse water quality effects caused by the federal Central Valley Project.
(d) The Kesterson Reservoir and the San Luis Drain.
(Amended by Stats. 2006, Ch. 538, Sec. 183. Effective January 1, 2007.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 1 - General Provisions › Section 2780.

2780. The people of California find and declare all of the following:
(a) Protection, enhancement, and restoration of wildlife habitat and fisheries are vital to maintaining the quality of life in California. As the state’s human population increases, there is an urgent need to protect the rapidly disappearing wildlife habitats that support California’s unique and varied wildlife resources.
(b) Much of the state’s most important deer winter ranges have been destroyed in the last 20 years.
(c) Critical winter ranges of migratory deer in the Sierra Nevada and Cascade mountain ranges are increasingly subject to incompatible land uses. In some counties, over 80 percent of the critical winter ranges fall on these lands. The potential for incompatible land uses on these lands is a major threat to the survival of many migratory deer herds.
(d) Deer, mountain lion, and other wildlife habitat within the Sierra Nevada, Cascade, Coast Range (including the Santa Lucia Mountains in Monterey County along the Central Coast), Siskiyou and Klamath Mountains; and the Santa Susana, Simi Hills, Santa Monica, San Gabriel, San Bernardino, San Jacinto, Santa Ana and other mountains and foothill areas within southern California, is disappearing rapidly. Small and often isolated wildlife populations are forced to depend upon these shrinking habitat areas within the heavily urbanizing areas of this state. Corridors of natural habitat must be preserved to maintain the genetic integrity of California’s wildlife.
(e) This chapter shall be implemented in the most expeditious manner. All state officials shall implement this chapter to the fullest extent of their authority in order to preserve, maintain, and enhance California’s diverse wildlife heritage and the habitats upon which it depends.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 1 - General Provisions › Section 2781.

2781. The people of California find and declare that wildlife and fisheries conservation is in the public interest and that it is necessary to keep certain lands in open space and natural condition to protect significant environmental values of wildlife and native plant habitat, riparian and wetland areas, native oak woodlands, and other open-space lands, and to provide opportunities for the people of California to appreciate and visit natural environments and enjoy California’s unique and varied fish and wildlife resources.
It is the intent of the people, in enacting this chapter, that additional funds are needed to protect fish, wildlife, and native plant resources and that the Legislature should provide those funds through bond acts and other appropriate sources.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2785.

2785. The following definitions govern the construction of this chapter:
(a) “Acquisition” includes but is not limited to, gifts, purchases, leases, easements, the exercise of eminent domain if expressly authorized, the transfer or exchange of property for other property of like value, transfers of development rights or credits, and purchases of development rights and other interests.
(b) “Board” means the Wildlife Conservation Board.
(c) “Fund” means the Habitat Conservation Fund created by Section 2786.
(d) “Local agency” means a city, county, city and county, or a district as defined in subdivision (b) of Section 5902 of the Public Resources Code.
(e) “Riparian habitat” means lands which contain habitat which grows close to and which depends upon soil moisture from a nearby freshwater source.
(f) “Southern California” means the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura.
(g) “Wetlands” means lands which may be covered periodically or permanently with shallow water and which include saltwater marshes, freshwater marshes, open or closed brackish water marshes, swamps, mudflats, fens, and vernal pools.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2786.

2786. Except as otherwise expressly provided in paragraph (3) of subdivision (a) of Section 2787, the money in the Habitat Conservation Fund, which is hereby created, shall be used for the following purposes:
(a) The acquisition of habitat, including native oak woodlands, necessary to protect deer and mountain lions.
(b) The acquisition of habitat to protect rare, endangered, threatened, or fully protected species.
(c) The acquisition of habitat to further implement the Habitat Conservation Program pursuant to Article 2 (commencing with Section 2721) excepting Section 2722 and subdivision (a) of Section 2723, and Sections 2724 and 2729.
(d) The acquisition, enhancement, or restoration of wetlands.
(e) The acquisition, restoration, or enhancement of aquatic habitat for spawning and rearing of anadromous salmonids and trout resources.
(f) The acquisition, restoration, or enhancement of riparian habitat.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2787.

2787. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated, without regard to fiscal years, as follows:
(a) To the Department of Parks and Recreation, four million five hundred thousand dollars ($4,500,000) annually for allocation as follows:
(1) One million five hundred thousand dollars ($1,500,000) for projects that are located in the Santa Lucia Mountain Range in Monterey County for expenditure by the Department of Parks and Recreation and for grants to the Monterey Peninsula Regional Park District.
(2) One million dollars ($1,000,000) for acquisitions in, and adjacent to, units of the state park system.
(3) Two million dollars ($2,000,000) for 50 percent matching grants to local agencies for projects meeting the purposes specified in Section 2786 and, additionally, for the acquisition of wildlife corridors and urban trails, nature interpretation programs, and other programs that bring urban residents into park and wildlife areas. The grants made pursuant to this subdivision are subject to the conditions of subdivision (d) of Section 5910, and Sections 5917 and 5919, of the Public Resources Code, as nearly as may be practicable.
(b) To the State Coastal Conservancy, four million dollars ($4,000,000) annually.
(c) To the Santa Monica Mountains Conservancy, five million dollars ($5,000,000) annually for the next 10 fiscal years, commencing with the 1990–91 fiscal year. The money shall be used for the purposes specified in Section 2786 for wildlife habitat, and for related open-space projects, within the Santa Monica Mountains Zone, the Rim of the Valley Corridor, and the Santa Clarita Woodlands. Of the total amount appropriated pursuant to this subdivision, not less than a total of ten million dollars ($10,000,000) shall be spent within the Santa Susana Mountains and the Simi Hills, and not less than a total of ten million dollars ($10,000,000) shall be spent within the Santa Clarita Woodlands. These funds shall be expended in accordance with Division 23 (commencing with Section 33000) of the Public Resources Code during the operative period of this section as specified in subdivision (f) and in Section 2797. The Legislature may, by statute, extend the period for expenditure of the funds provided by this subdivision.
(d) To the California Tahoe Conservancy, five hundred thousand dollars ($500,000) annually.
(e) To the board, the balance of the fund.
(f) This section shall become operative on July 1, 1990, and, as of July 1, 2030, is repealed, unless a later enacted statute, which becomes effective on or before July 1, 2030, deletes or extends that date.
(Amended by Stats. 2019, Ch. 31, Sec. 1. (SB 85) Effective June 27, 2019. Repealed as of July 1, 2030, by its own provisions.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2788.

2788. Notwithstanding Section 13340 of the Government Code, the money in the fund is continuously appropriated, without regard to fiscal years, to the board.
This section shall become operative only if, and on the date that, Section 2787 is repealed.
(Added June 5, 1990, by initiative Proposition 117. Section operative, by its own provisions, on July 1, 2020, upon repeal of Section 2787.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2789.

2789. In areas where habitats are or may become isolated or fragmented, preference shall be given by the agencies expending money from the fund to projects which will serve as corridors linking otherwise separated habitat so that the genetic integrity of wildlife populations will be maintained.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2790.

2790. Each agency receiving money from the fund pursuant to Section 2787 shall report to the board on or before July 1 of each year the amount of money that was expended and the purposes for which the money was expended. The board shall prescribe the information in the agencies reports that it determines is necessary to carry out the requirements of Section 2791.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2791.

2791. The board shall expend the money appropriated to it from the fund subject to the following conditions:
(a) Not more than one and one-half (1
1
/
2
) percent shall be expended for administration of this chapter.
(b) The board shall, to the extent practicable, expend the money in a manner and for projects so that, within each 24-month period, approximately one-third of the total expenditures of the money in the fund, including, until July 1, 2030, the expenditures by the agencies receiving money from the fund pursuant to subdivisions (a) to (d), inclusive, of Section 2787, are expended for the purposes specified in subdivision (a) of Section 2786 and approximately two-thirds of the total expenditures of the money in the fund, including, until July 1, 2030, the expenditures by the agencies receiving money from the fund pursuant to subdivisions (a) to (d), inclusive, of Section 2787, are expended for the purposes specified in subdivisions (b) and (c) of Section 2786.
(c) Notwithstanding the requirement for acquisition in subdivisions (a), (b), and (c) of Section 2786, the board shall, to the extent practicable, expend the money in the fund in a manner and for projects so that, within each 24-month period, approximately six million dollars ($6,000,000) of the money, including, until July 1, 2030, the expenditures by the agencies receiving money from the fund pursuant to subdivisions (a) to (d), inclusive, of Section 2787, are expended for the purposes specified in subdivision (d) of Section 2786.
(d) Notwithstanding the requirement for acquisition in subdivisions (a), (b), and (c) of Section 2786, the board shall, to the extent practicable, expend the money in the fund in a manner and for projects so that, within each 24-month period, approximately six million dollars ($6,000,000) of the money, including, until July 1, 2030, the expenditures by the agencies receiving money from the fund pursuant to subdivisions (a) to (d), inclusive, of Section 2787, are expended for the purposes specified in subdivision (e) and (f) of Section 2786.
(e) To the extent practicable, the board shall expend the money appropriated to it from the fund in a manner and for projects so that, within each 24-month period, approximately one-half of the total expenditures of the money in the fund, including, until July 1, 2030, the expenditures by the agencies receiving money from the fund pursuant to subdivisions (a) to (d), inclusive, of Section 2787, are expended in northern California and approximately one-half in southern California.
(f) Subject to the other requirements of this section, the board may allocate not more than two million dollars ($2,000,000) annually for the purposes of this chapter to one or more state agencies created by the Legislature or the people that are authorized by other provisions of law to expend funds for the purposes of this chapter.
(Amended by Stats. 2019, Ch. 31, Sec. 2. (SB 85) Effective June 27, 2019.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2792.

2792. If any agency designated in Section 2787 ceases to exist, or is otherwise unable to expend the funds appropriated by Section 2787 to that agency for the period specified, the board or its successor agency shall expend the same funds for the same purpose.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2793.

2793. The board and any other state or local agency that expends any funds appropriated from the fund on environmental enhancement, restoration, or improvement projects shall utilize the services of the California Conservation Corps and local community conservation corps to the extent practicable.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2794.

2794. In implementing this chapter, the state or local agency that manages lands acquired with funds appropriated from the fund shall prepare, with full public participation, a management plan for lands that have been acquired, which plan shall reasonably reduce possible conflicts with neighboring land use and landowners, including agriculturists. The plans shall comply with the California Environmental Quality Act (Division 21 (commencing with Section 21000) of the Public Resources Code).
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2795.

2795. (a) The Controller shall annually transfer 10 percent of the funds in the Unallocated Account in the Cigarette and Tobacco Products Surtax Fund to the Habitat Conservation Fund.
(b) No additional allocation of funds from that account shall be made by the Legislature for purposes of this chapter or for any other natural resource or environmental protection program.
(Added June 5, 1990, by initiative Proposition 117.)
2023 California Code › Fish and Game Code - FGC › DIVISION 3 - FISH AND GAME GENERALLY › CHAPTER 9 - California Wildlife Protection Act of 10 › ARTICLE 2 - California Wildlife Protection › Section 2796.

2796. (a) The Controller shall annually transfer the sum of thirty million dollars ($30,000,000) from the General Fund to the Habitat Conservation Fund, less any amount transferred to the Habitat Conservation Fund from, but not limited to, the following accounts and funds:
(1) The Public Resources Account in the Cigarette and Tobacco Products Surtax Fund to the extent authorized by the Tobacco Tax and Health Protection Act of 1988.
(2) The Unallocated Account in the Cigarette and Tobacco Products Surtax Fund pursuant to subdivision (a) of Section 2795.
(3) The California Environmental License Plate Fund.
(4) The Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account in the Fish and Game Preservation Fund.
(5) Any other non-General Fund accounts and funds created by the Legislature or the people for purposes that are consistent with the purposes of this act.
(6) Any bond funds that are authorized by the people after July 1, 1990, that may be used for purposes that are identical to the purposes specified in Section 2786.
(7) The Wildlife Restoration Fund.
(b) Except for transfers from the Endangered and Rare Fish, Wildlife, and Plant Species Conservation and Enhancement Account, transfers from the Fish and Game Preservation Fund are not transfers for purposes of subdivision (a) and shall not be made to the fund. Transfers of federal, local, or privately donated funds or transfers from the State Coastal Conservancy Fund pursuant to Section 31011 of the Public Resources Code to the fund are not transfers for purposes of subdivision (a).
(c) This section does not limit the amount of funds that may be transferred to the fund or that may be expended for fish and wildlife habitat protection either from the fund or from any other sources.
(d) This section shall become operative on July 1, 1990, shall become inoperative on June 30, 2030, and, as of January 1, 2031, is repealed, unless a later enacted statute, which becomes effective before January 1, 2031, deletes or extends the dates on which it becomes inoperative and is repealed.
(Amended by Stats. 2019, Ch. 31, Sec. 3. (SB 85) Effective June 27, 2019. Inoperative June 30, 2030. Repealed as of January 1, 2031, by its own provisions.)