reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 2 - Clean Energy Job Creation Fund › Section 26205.

26205. The Clean Energy Job Creation Fund is hereby created in the State Treasury. Except as provided in Section 26208, the sum of five hundred fifty million dollars ($550,000,000) shall be transferred from the General Fund to the Job Creation Fund in fiscal years 2013–14, 2014–15, 2015–16, 2016–17, and 2017–18. Moneys in the fund shall be available for appropriation for the purpose of funding projects that create jobs in California improving energy efficiency and expanding clean energy generation, including all of the following:
(a) Schools and public facilities:
(1) Public schools: Energy efficiency retrofits and clean energy installations, along with related improvements and repairs that contribute to reduced operating costs and improved health and safety conditions, on public schools.
(2) Universities and colleges: Energy efficiency retrofits, clean energy installations, and other energy system improvements to reduce costs and achieve energy and environmental benefits.
(3) Other public buildings and facilities: Financial and technical assistance including revolving loan funds, reduced interest loans, or other financial assistance for cost-effective energy efficiency retrofits and clean energy installations on public facilities.
(b) Job training and workforce development: Funding to the California Conservation Corps, Certified Community Conservation Corps, YouthBuild, and other existing workforce development programs to train and employ disadvantaged youth, veterans, and others on energy efficiency and clean energy projects.
(c) Public-private partnerships: Assistance to local governments in establishing and implementing Property Assessed Clean Energy (PACE) programs or similar financial and technical assistance for cost-effective retrofits that include repayment requirements. Funding shall be prioritized to maximize job creation, energy savings, and geographical and economic equity. Where feasible, repayment revenues shall be used to create revolving loan funds or similar ongoing financial assistance programs to continue job creation benefits.
(Added November 6, 2012, by initiative Proposition 39, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 2 - Clean Energy Job Creation Fund › Section 26206.

26206. The following criteria apply to all expenditures from the Job Creation Fund:
(a) Project selection and oversight shall be managed by existing state and local government agencies with expertise in managing energy projects and programs.
(b) All projects shall be selected based on in-state job creation and energy benefits for each project type.
(c) All projects shall be cost effective: total benefits shall be greater than project costs over time. Project selection may include consideration of non-energy benefits, such as health and safety, in addition to energy benefits.
(d) All projects shall require contracts that identify the project specifications, costs, and projected energy savings.
(e) All projects shall be subject to audit.
(f) Program overhead costs shall not exceed 4 percent of total funding.
(g) Funds shall be appropriated only to agencies with established expertise in managing energy projects and programs.
(h) All programs shall be coordinated with the California Energy Commission and the California Public Utilities Commission to avoid duplication and maximize leverage of existing energy efficiency and clean energy efforts.
(i) Eligible expenditures include costs associated with technical assistance, and with reducing project costs and delays, such as development and implementation of processes that reduce the costs of design, permitting or financing, or other barriers to project completion and job creation.
(Added November 6, 2012, by initiative Proposition 39, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 2 - Clean Energy Job Creation Fund › Section 26208.

26208. If the Department of Finance and the Legislative Analyst jointly determine that the estimated annual increase in revenues as a result of the amendment, addition, or repeal of Sections 25128, 25128.5, 25128.7, and 25136 of the Revenue and Taxation Code is less than one billion one hundred million dollars ($1,100,000,000), the amount transferred to the Job Creation Fund shall be decreased to an amount equal to one-half of the estimated annual increase in revenues.
(Added November 6, 2012, by initiative Proposition 39, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 3 - Accountability, Independent Audits, Public Disclosure › Section 26210.

26210. (a) The Citizens Oversight Board is hereby created.
(b) The board shall be composed of nine members: three members shall be appointed by the Treasurer, three members by the Controller, and three members by the Attorney General. Each appointing office shall appoint one member who meets each of the following criteria:
(1) An engineer, architect, or other professional with knowledge and expertise in building construction or design.
(2) An accountant, economist, or other professional with knowledge and expertise in evaluating financial transactions and program cost-effectiveness.
(3) A technical expert in energy efficiency, clean energy, or energy systems and programs.
(c) The California Public Utilities Commission and the California Energy Commission shall each designate an ex officio member to serve on the board.
(d) The board shall do all of the following:
(1) Annually review all expenditures from the Job Creation Fund.
(2) Commission and review an annual independent audit of the Job Creation Fund and of a selection of projects completed to assess the effectiveness of the expenditures in meeting the objectives of this division.
(3) Publish a complete accounting of all expenditures each year, posting the information on a publicly accessible Internet Web site.
(4) Submit an evaluation of the program to the Legislature identifying any changes needed to meet the objectives of this division.
(Added November 6, 2012, by initiative Proposition 39, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 3 - Accountability, Independent Audits, Public Disclosure › Section 26211.

26211. Funding for the board shall be available, upon appropriation by the Legislature, in the annual Budget Act.
(Amended by Stats. 2017, Ch. 55, Sec. 2. (SB 110) Effective July 10, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 3 - Accountability, Independent Audits, Public Disclosure › Section 26212.

26212. (a) Members of the board shall serve for a term of four years and may be reappointed for up to two additional terms.
(b) A majority of board members shall constitute a quorum.
(c) The board’s principal office shall be located in the State Energy Resources Conservation and Development Commission’s office in Sacramento.
(d) Each board member shall be entitled to one vote. All votes shall be recorded and reported in the minutes of the board.
(e) The board shall select from among its members a chair and a vice chair, as provided in Section 26214.
(f) Members of the board shall not be compensated for their service, but may be reimbursed for actual and necessary expenses incurred in the performance of their duties.
(g) Requests for reimbursement for actual and necessary expenses shall be submitted to the chair for approval and may be paid in accordance with Section 26217.
(Amended by Stats. 2017, Ch. 55, Sec. 3. (SB 110) Effective July 10, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 3 - Accountability, Independent Audits, Public Disclosure › Section 26213.

26213. (a) The board shall meet at least four times per year or as often as the chair or the board deems necessary to conduct its business.
(b) The chair shall, with the assistance of staff, prepare the agenda for each board meeting. Meeting agendas shall be prepared in advance of each meeting based on input from board members, staff, and the public.
(c) The board and any committees established by the board shall comply with, and be subject to, the requirements of the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code).
(d) The board shall comply with, and be subject to, the requirements of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(Amended by Stats. 2021, Ch. 615, Sec. 387. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 3 - Accountability, Independent Audits, Public Disclosure › Section 26214.

26214. (a) The first meeting of the board, at which a chair shall be selected, may be held upon appointment of all nine members of the board and shall be called jointly by the Treasurer, the Controller, and the Attorney General.
(b) The board shall elect a chair and vice chair at the first meeting of the board each year and each such individual shall hold office for one year commencing on the following July 1 and ending when his or her successor takes office. If there is a vacancy during the year in the office of the chair or vice chair, a majority of the active members of the board shall elect a replacement chair or vice chair to serve the remainder of the year. If the interim vacancy is in the office of the chair, then the vice chair shall perform the duties of the chair until a successor is elected.
(c) The board shall establish rules of operation for the board that are consistent with the rules and practices applicable to other state boards.
(d) In the absence of the chair during a meeting, the vice chair shall perform all of the functions of the chair.
(e) The chair shall oversee meetings, serve as an ex officio member of all committees, work in partnership with staff to ensure board resolutions are carried out, call special meetings if necessary, appoint all committee chairs and recommend who will serve on committees, prepare agendas for meetings, coordinate the hiring and evaluations of staff and consultants, act as spokesperson for the board, periodically consult with board members on their roles, and ensure that the rules of procedure and decorum contained in this chapter are observed and enforced.
(f) The vice chair shall carry out special assignments as requested by the chair, understand the responsibilities of the chair, and be able to perform the duties of the chair in the chair’s absence.
(g) Board staff activities shall not be duplicative of ongoing efforts by other state agencies, including, but not limited to, the State Department of Education and the State Energy Resources Conservation and Development Commission.
(Amended by Stats. 2017, Ch. 55, Sec. 5. (SB 110) Effective July 10, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 3 - Accountability, Independent Audits, Public Disclosure › Section 26215.

26215. (a) The board may establish committees as it deems necessary and appropriate. The chair may, with board approval, define and limit a committee’s scope and authority, and establish rules of operation for the committees.
(b) Each committee shall meet and shall make recommendations and reports as deemed necessary or appropriate by the chair or the board.
(c) In the absence of the committee chair, the vice chair shall conduct routine business matters and meetings of the committee.
(d) The status, purpose, and authority of a committee shall be determined by the chair and approved by the board at the time the committee is established by the board. The board may modify a committee’s status, purpose, or authority at any time.
(e) A committee may act within its delegated authority without further approval of the board. Committees and committee members shall not make or issue policy statements, recommendations, or media releases without prior approval of the board. A committee activity that implies action by the board or is outside the committee’s delegated authority is prohibited without specific board approval.
(Amended by Stats. 2017, Ch. 55, Sec. 6. (SB 110) Effective July 10, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 3 - Accountability, Independent Audits, Public Disclosure › Section 26216.

26216. (a) The board shall review and evaluate the progress and status of projects and shall prepare, approve, and distribute annual reports of its activities, findings, and recommendations to the Governor, the Legislature, and the public, to the extent these actions are consistent with subdivision (d) of Section 26210. Each annual report shall concern the activities of the board and its committees during the preceding calendar year and shall be distributed within 90 days of the end of the calendar year to which it pertains.
(b) The process for preparing, approving, and distributing the annual reports shall be as follows:
(1) The chair shall be responsible for preparing a draft annual report that shall be presented at a regularly scheduled meeting of the board.
(2) The draft annual report shall be discussed and considered by the board at the meeting and shall be approved as presented or with amendments or changes following the opportunity for, and receipt of, any public comment.
(3) After the meeting, the annual report shall be put into its final approved form and shall be distributed and published on the board’s Internet Web site.
(c) The annual report distributed pursuant to this section shall be submitted to the Legislature in accordance with Section 9795 of the Government Code.
(Amended by Stats. 2017, Ch. 55, Sec. 7. (SB 110) Effective July 10, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 3 - Accountability, Independent Audits, Public Disclosure › Section 26217.

26217. (a) Expenses of the board shall be accounted for and paid in a manner that is consistent with the State Administrative Manual and any related processes and procedures. The board may delegate to the chair or staff the authority to approve expenses, pay expenses, or both.
(b) Expenditure items exceeding the board’s budget, or expenditure items the chair deems worthy of further consideration, shall be brought before the board for consideration at the next meeting.
(c) The chair shall be responsible for tracking the board’s budget and regularly reporting to the board if expenditures are within the amounts planned and what steps have been taken or are proposed to be taken to ensure that the board has sufficient funds to accomplish its annual mission.
(d) The chair may testify before a state authority and his or her actual and necessary travel, meal, and lodging expenses shall be reimbursed.
(e) The expenses of the board shall be published in the board’s annual report required by Section 26216.
(Amended by Stats. 2017, Ch. 55, Sec. 8. (SB 110) Effective July 10, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 4 - Definitions › Section 26220.

26220. The following definitions apply to this division:
(a) “Clean energy” means a device or technology that meets the definition of “renewable energy” in Section 26003, or that contributes to improved energy management or efficiency.
(b) “Board” means the Citizens Oversight Board established in Section 26210.
(c) “Job Creation Fund” means the Clean Energy Job Creation Fund established in Section 26205.
(d) “Program overhead costs” include staffing for state agency development and management of funding programs pursuant to this division, but excluding technical assistance, evaluation, measurement, and validation, or costs related to increasing project efficiency or performance, and costs related to local implementation.
(Added November 6, 2012, by initiative Proposition 39, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 5 - Proposition 39 Implementation › Section 26225.

26225. For the purposes of this chapter, the following terms have the following meanings:
(a) “Chancellor” means the Chancellor of the California Community Colleges.
(b) “Energy Commission” means the State Energy Resources Conservation and Development Commission.
(c) “Local education agency,” “local educational agency,” or “LEA” means a school district, county office of education, charter school, or state special school.
(d) “Job Creation Fund” means the Clean Energy Job Creation Fund established in Section 26205.
(Amended by Stats. 2013, Ch. 357, Sec. 53. (SB 97) Effective September 26, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 5 - Proposition 39 Implementation › Section 26227.

26227. (a) (1) For the 2013–14 fiscal year, twenty-eight million dollars ($28,000,000) shall be transferred from the Job Creation Fund to the Education Subaccount, which is hereby created in the State Energy Conservation Assistance Account created pursuant to Section 25416. The moneys in the Education Subaccount are appropriated to the Energy Commission for the purpose of low-interest and no-interest revolving loans and loan loss reserves for eligible projects and technical assistance.
(2) For the 2013–14 fiscal year, funds in the Education Subaccount shall be available for local educational agencies and community college districts. If a local educational agency or community college district has an eligible project, the amount of the funding resources gap that is to be considered a reasonable loan value from the Education Subaccount is the project cost less the amount of any grant awarded pursuant to Section 26233 and less any state, federal, or local incentives. A local educational agency or community college district may need to meet additional credit or other financial qualifying criteria applicable pursuant to the Energy Conservation Assistance Act of 1979 (Chapter 5.2 (commencing with Section 25410) of Division 15). The Energy Commission shall facilitate a local educational agency or community college district’s participation in both the Job Creation Fund and Energy Conservation Assistance Account programs through coordinated information, documentation, and review processes regarding the project and the borrowing entity.
(b) For the 2014–15 through 2017–18 fiscal years, inclusive, the amount transferred from the Job Creation Fund to the Energy Conservation Assistance Account shall be determined in the annual budget.
(c) Funds remaining in the Education Subaccount after the 2017–18 fiscal year shall continue to be available in future years pursuant to Section 26205.5.
(Amended by Stats. 2017, Ch. 55, Sec. 9. (SB 110) Effective July 10, 2017.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 5 - Proposition 39 Implementation › Section 26230.

26230. (a) The sum of three million dollars ($3,000,000) is hereby appropriated from the Job Creation Fund to the California Workforce Investment Board to develop and implement a competitive grant program for eligible community-based and other training workforce organizations preparing disadvantaged youth or veterans for employment.
(b) In developing and implementing the program, the board shall do all of the following:
(1) In consultation with the Energy Commission and the Public Utilities Commission, develop a competitive process to award grants to eligible entities and evaluate and select applications for grants.
(2) Administer grants to eligible entities for the purposes of work experience and job training on energy efficiency and clean energy projects.
(c) In awarding the grants, the California Workforce Investment Board shall give priority to projects that include the following elements:
(1) Specific skills gained through hands-on application related to energy efficiency and clean energy that is embedded in, or linked to, a broader occupational training program.
(2) Actual work experience gained through hands-on clean energy project implementation.
(3) Industry-recognized credentials and certificates.
(4) Training that demonstrates a high probability of placement of trainees into career track jobs.
(5) A partnership with state-approved apprenticeship programs that promote industry-recognized skills and credentials through work experience and lead to placement in a state-approved apprenticeship programs.
(Added by Stats. 2013, Ch. 29, Sec. 2. (SB 73) Effective June 27, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.3 - CLEAN ENERGY JOB CREATION › CHAPTER 5 - Proposition 39 Implementation › Section 26237.

26237. The Energy Commission shall maintain information on the local education agencies and community college districts that receive grants, loans, or other financial assistance under this chapter. The publicly available and searchable database shall include relevant metrics, to be determined by the Energy Commission, for electric, gas, and cost savings of the projects.
(Added by Stats. 2013, Ch. 29, Sec. 2. (SB 73) Effective June 27, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.5 - ENERGY AND RESOURCES FUND › Section 26401.

26401. (a) Within the Energy and Resources Fund there is hereby created the Energy Account and the Resources Account. The annual budget document shall propose and the annual Budget Bill shall allocate and divide the money in the fund between such accounts.
(b) It is the intent of the Legislature that funds from the Energy and Resources Fund be used only for short-term projects and not for any ongoing programs.
(c) Moneys in the Energy Account may be appropriated by the Legislature solely for energy projects and programs deemed appropriate by the Legislature.
(d) All appropriations from the Energy Account or the Resources Account shall be made by the annual Budget Bill.
(e) In applying the provisions of this section to the selection of individual energy programs and projects for funding, priority shall be given to those programs and projects which best fulfill all of the following criteria:
(1) Have the greatest potential for reducing the use of oil and natural gas to produce energy.
(2) Have the greatest potential for transferability and widespread use throughout the state by the year 1990.
(3) Have the highest degree of feasibility.
(Added by Stats. 1980, Ch. 899, Sec. 8. Effective September 17, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.5 - ENERGY AND RESOURCES FUND › Section 26403.

26403. Programs and projects eligible for funding from the Resources Account shall be limited to any of the following:
(1) Appropriations to the State Coastal Conservancy for grants to public and private agencies for the restoration of urban waterfronts, as described in “An Urban Waterfronts Program for California” required by Chapter 1040 of the Statutes of 1981. Appropriations to the conservancy may include, but shall not be limited to, particular projects identified in that report.
(2) Projects under the Roberti-Z’berg Urban Open-Space and Recreation Program Act (Chapter 3.2 (commencing with Section 5620) of Division 5 of the Public Resources Code).
(3) Appropriations to the State Coastal Conservancy for grants to public and private agencies for acquisition, development, rehabilitation, restoration, operation, and maintenance of real property and facilities which provide public access ways to or along the coast or the shoreline of San Francisco Bay.
(4) Wetland protection, preservation, restoration, and enchancement projects in accordance with the Keene-Nejedly California Wetlands Preservation Act (Chapter 7 (commencing with Section 5810) of Division 5 of the Public Resources Code), or, in accordance with provisions governing the State Coastal Conservancy (Division 21 (commencing with Section 31000) of the Public Resources Code).
(5) Restoration, enhancement, and preservation of wildlife habitat on federal lands pursuant to the Sikes Act (16 U.S.C. Sec. 670a, et seq.).
(6) Acquisition and development of real property for wildlife management in accordance with the purposes of the Wildlife Conservation Law of 1947 (Chapter 4 (commencing with Section 1300) of Division 2 of the Fish and Game Code).
(7) Reforestation, urban forestry, and forest improvement projects in accordance with the provisions of Part 2.5 (commencing with Section 4790) of Division 4 of the Public Resources Code.
(8) Water reclamation, watershed management, water conservation, instream use, and drainage management programs approved by the Director of Water Resources or the State Water Resources Control Board.
(9) Watershed restoration, erosion control, fire hazard reduction, land conservation, and fish and wildlife habitat improvement projects.
(10) Acquisition, restoration, and preservation of habitat for rare and endangered species.
(11) Programs for the prevention of soil loss and soil degradation.
(12) Programs for the preservation and protection of prime agricultural lands.
(13) Shoreline erosion control projects.
(14) Mitigation of environmental damage resulting from gas or oil production on state lands.
(15) Programs to develop a computer-based mapping system to store, refine, analyze, and display resource data.
(16) Programs for development and enhancement of renewable agricultural resources.
(17) Programs to safeguard public and environmental health from hazardous materials.
(18) Programs for geothermal resources assessment.
(19) Other programs which enhance and conserve renewable and nonrenewable resources.
(Amended by Stats. 1982, Ch. 1618, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.5 - ENERGY AND RESOURCES FUND › Section 26404.

26404. The provisions of Sections 26401 to 26403, inclusive, shall not apply to appropriations and expenditures from the Energy and Resources Fund for fiscal year 1980–81. Such provisions shall apply beginning with fiscal year 1981–82 and for each fiscal year thereafter.
(Added by Stats. 1980, Ch. 899, Sec. 8. Effective September 17, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 16.5 - ENERGY AND RESOURCES FUND › Section 26406.

26406. The Director of Finance shall cause all moneys in the Energy and Resources Fund which are in excess of current requirements to be invested and reinvested from time to time in securities described in Section 16430 of the Government Code, and such securities may be sold or exchanged if in his opinion such sale or exchange is in the best interests of the state in effectuating the purposes of this chapter. All income derived from such investment, reinvestment, sale, or exchange shall be credited to the Energy and Resources Fund.
(Added by Stats. 1980, Ch. 899, Sec. 8. Effective September 17, 1980.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 1 - Definitions › Section 26505.

26505. “Improvement” means any activity that is necessary or incidental to the prevention, mitigation, abatement, or control of a geologic hazard, including, but not limited to, all of the following:
(a) Acquisition of property or any interest therein.
(b) Construction.
(c) Maintenance, repair, or operation of any improvement.
(d) Preparation of geologic reports required pursuant to Section 2623 for multiple projects within an earthquake fault zone or zones.
(e) Issuance and servicing of bonds, notes, or debentures issued to finance the costs of the improvements specified in subdivisions (a), (b), (c), and (d).
(Amended by Stats. 1993, Ch. 916, Sec. 8. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 1 - Definitions › Section 26507.

26507. “Geologic hazard” means an actual or threatened landslide, land subsidence, soil erosion, earthquake, fault movement, or any other natural or unnatural movement of land or earth.
(Amended by Stats. 1993, Ch. 916, Sec. 9. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 1 - Definitions › Section 26509.

26509. “Plan of control” means a report prepared by an engineering geologist certificated pursuant to Section 7822 of the Business and Professions Code or a firm of engineering geologists which describes in detail a geologic hazard, its location and the area affected thereby, and a plan for the prevention, mitigation, abatement, or control thereof.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 1 - Purpose › Section 26525.

26525. A geologic hazard abatement district may be formed pursuant to this division for the following purposes:
(a) Prevention, mitigation, abatement, or control of a geologic hazard.
(b) Mitigation or abatement of structural hazards that are partly or wholly caused by geologic hazards.
(Amended by Stats. 1993, Ch. 916, Sec. 10. Effective January 1, 1994.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 2 - Lands Included › Section 26534.

26534. All lands included within a district shall be specially benefitted by construction proposed in a plan of control approved by the legislative body.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 3 - Initiation of Proceedings › Section 26550.

26550. The provisions of this chapter shall be inoperative as to a legislative body unless and until the legislative body adopts a resolution declaring that it is subject to its provisions and has forwarded a copy of such resolution to the State Controller.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 3 - Initiation of Proceedings › Section 26550.5.

26550.5. Proceedings for the formation of a district may be initiated by either of the following methods:
(a) A petition signed by owners of not less than 10 percent of the real property to be included within the proposed district.
(b) By resolution of the legislative body.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 3 - Initiation of Proceedings › Section 26551.

26551. If the territory proposed to be included within a district is located in more than one local agency, the legislative body of the local agency wherein lies the greater amount of assessed valuation of real property as shown on the assessment roll last equalized by the county, shall initiate and conduct the proceedings to form a district.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 3 - Initiation of Proceedings › Section 26552.

26552. A petition initiating proceedings for formation of a district may be presented to the clerk of the legislative body, and shall contain substantially all of the following:
(a) A statement that the petition is made pursuant to this division.
(b) An indication, opposite each signature, of the lot, tract, and map number or other legal description sufficient to identify such signature as that of the owner of land within the territory included within the proposed district.
(c) An indication, opposite each signature, of the date each signature was affixed to the petition.
(d) A legal description and map of the boundaries of the territory to be included within the proposed district.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 3 - Initiation of Proceedings › Section 26554.

26554. Upon receipt of a petition in the form described in Sections 26550.5, 26551, and 26553, the clerk of the legislative body shall place such petition on the agenda for the regular meeting of the legislative body next following the clerk’s determination that such petition is substantially in the form described in Sections 26551 and 26552 and upon verification that the signatures affixed to the petition represent owners of not less than 10 percent of the real property to be included within the proposed district.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 3 - Initiation of Proceedings › Section 26555.

26555. No petition shall be accepted by the clerk of the legislative body unless the signatures thereon shall have been secured within 120 days of the date on which the first signature on the petition was affixed and such petition is submitted to the clerk within 30 days after the last signature was affixed.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 3 - Initiation of Proceedings › Section 26556.

26556. The clerk of the legislative body shall notify the person whose signature first appears on the petition of any irregularity in the petition. Such notification shall be by certified mail with return receipt requested. Within 10 days of the date of such mailing, a supplemental petition curing any irregularity may be submitted to the clerk.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 3 - Initiation of Proceedings › Section 26557.

26557. Upon presentation to the legislative body of a petition in the form prescribed by Sections 26551 and 26552, the legislative body shall adopt a resolution setting a public hearing on such petition and directing notice thereof to be mailed to all owners of real property to be included within the proposed district as shown on the assessment roll last equalized by the county.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 3 - Initiation of Proceedings › Section 26558.

26558. A resolution of the legislative body intiating proceedings for the formation of a district shall contain substantially the following:
(a) A statement that the resolution is made pursuant to this division.
(b) A statement that the legislative body has been presented with and has reviewed a plan of control, and has determined that the health, safety, and welfare require formation of a district.
(c) The setting of a public hearing on such determination and directing that notice be mailed to all owners of real property included within the proposed district.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 3 - Initiation of Proceedings › Section 26559.

26559. All activities of a local agency taken pursuant to this division for the formation of a district or the annexation of territory thereto are specific actions necessary to prevent or mitigate an emergency within the meaning of paragraph (4) of subdivision (b) of Section 21080.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 3 - Initiation of Proceedings › Section 26560.

26560. Notwithstanding any other provision of law, proceedings for the formation of a district pursuant to this division are exclusive.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 4 - Notice and Hearing › Section 26561.

26561. Notice of the hearing set pursuant to Section 26557 or subdivision (c) of Section 26558 shall be mailed first-class, postage prepaid, in the United States mail, at least 20 days preceding the date of the public hearing, to each owner of real property within the proposed district as shown on the last equalized county assessment roll, or the State Board of Equalization assessment roll, as the case may be.
(Amended by Stats. 1990, Ch. 128, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 4 - Notice and Hearing › Section 26562.

26562. A copy of the petition described in Section 26552 or the resolution described in Section 26558 shall be attached to the notice.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 4 - Notice and Hearing › Section 26563.

26563. The notice shall set forth the time, date, and place of the hearing, briefly describe the purpose thereof, and indicate where the plan of control may be reviewed or duplicated, at a cost not to exceed the cost of duplication. The notice shall also set forth the address where objections to the proposed formation may be mailed or otherwise delivered up to and including the time of the hearing.
(Amended by Stats. 1981, Ch. 714, Sec. 377.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 4 - Notice and Hearing › Section 26564.

26564. At any time not later than the time set for hearing objections to the proposed formation, any owner of real property within the proposed district may make a written objection to the formation. Such objection shall be in writing, shall contain a description of the land by lot, tract, and map number, and shall be signed by such owner. Objections shall be mailed or delivered as specified in the notice described in Section 26561. If the person whose signature appears on such objection is not shown on the assessment roll last equalized by the county as the owner of the subject real property, the written objection shall be accompanied by evidence sufficient to indicate that such person is the owner of such property. The determination by the legislative body of ownership for purposes of this section shall be final and conclusive.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 4 - Notice and Hearing › Section 26565.

26565. At the time set for hearing objections, the legislative body shall be presented with all objections made pursuant to Section 26564. The legislative body may adjourn such hearing from time to time, but not to exceed 60 days from the date specified in the original notice.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 4 - Notice and Hearing › Section 26566.

26566. If it appears at the hearing that owners of more than 50 percent of the assessed valuation of the proposed district object to the formation thereof, the legislative body shall thereupon close the hearing and direct that proceedings for the formation of a district be abandoned.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2 - District Formation › ARTICLE 4 - Notice and Hearing › Section 26567.

26567. At the close of the hearing or within 60 days thereafter, the legislative body may proceed by resolution to order the formation of the proposed district. The resolution shall appoint five owners of real property within the district to the initial board of directors for terms not to exceed four years, or, as an alternative to the appointment of five owners of real property within the district, the legislative body may appoint itself to act as the board of directors. If the legislative body appoints itself as the board of directors, Section 26583 shall not apply. If owners of real property within the district are appointed as the initial board of directors, then following the initial term, the board of directors shall be elected as provided by Section 26583. This section shall apply to all districts formed on or after January 1, 1980.
(Amended by Stats. 1991, Ch. 1226, Sec. 23.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.3 - District Dissolution › Section 26567.1.

26567.1. (a) The legislative body may, by resolution, order the dissolution of a district formed under this division. Any resolution ordering a dissolution is valid only if the legislative body, based on substantial evidence on the record, makes one or more of the following findings:
(1) The corporate powers have not been used, there is a reasonable probability that those powers will not be used in the future, and the district holds no significant liquid assets.
(2) The board of directors, by resolution passed by unanimous vote of the directors, or by a vote of the owners of more than 50 percent of the assessed valuation of the real property in the district, approved the dissolution of the district.
(3) The district has not levied or collected any assessments and holds no significant liquid assets.
(4) The district has not substantially complied with a material condition of the resolution of formation adopted by the legislative body.
(b) If the board of directors is comprised of members of the legislative body, the decision of the board to dissolve a district shall be approved by the owners of more than 50 percent of the assessed valuation of the real property in the district within 90 days after a valid resolution ordering dissolution.
(c) A legislative body or a board of directors shall adopt a resolution setting a public hearing on the proposed dissolution and directing that notice shall be sent to the last known address of each homeowner within the district. The notice shall include the date, time, and place of the hearing and include a copy of the proposed resolution ordering dissolution. The notice shall be mailed first-class, postage prepaid, in the United States mail and be postmarked no later than 30 days prior to the date of the hearing. The notice shall also set forth the address where written objections to the dissolution of the district may be mailed or otherwise delivered up to and including the time of the hearing.
(Added by Stats. 1998, Ch. 806, Sec. 1. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.3 - District Dissolution › Section 26567.2.

26567.2. In dissolution proceedings, the legislative body may dispense with the resolution and plan of control required by Sections 26553, 26558, and 26562. After the dissolution of the district, the legislative body shall assume all remaining responsibilities and obligations of the district.
(Added by Stats. 1998, Ch. 806, Sec. 1. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.3 - District Dissolution › Section 26567.3.

26567.3. Within 90 days after a dissolution, the board of directors shall return any liquid assets of the district to the landowners and local agencies in the same proportion that they have contributed to the revenue of the district, and shall provide by resolution for the distribution for ownership of any capital improvements and assets of the district. Within 90 days of a valid resolution ordering dissolution, any property owner within the district may offer an alternative plan for the distribution for ownership of any capital improvements and real assets of the district which shall be adopted if approved by the owners of more than 50 percent of the assessed valuation of the real property in the district.
(Added by Stats. 1998, Ch. 806, Sec. 1. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 1 - Initiation of Proceedings › Section 26568.

26568. The procedures for initiation of proceedings, notice, and hearing and formation of a district under this chapter shall be alternative to the procedures in Articles 3 (commencing with Section 26550) and 4 (commencing with Section 26561) of Chapter 2. Chapter 3 (commencing with Section 26570) does not apply to districts formed under this chapter.
(Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 1 - Initiation of Proceedings › Section 26568.1.

26568.1. Proceedings for the formation of a district for any of the work specified in Section 26525 may be initiated by a petition signed by two-thirds of the property owners of the real property to be included within the proposed district.
(Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 1 - Initiation of Proceedings › Section 26568.2.

26568.2. A petition initiating proceedings for the formation of a district under this chapter shall contain substantially all of the following:
(a) A statement that the petition is made pursuant to this chapter.
(b) An indication, opposite each signature, of the lot, tract, and map number, or other legal description sufficient to identify the signature as that of the owner of land within the proposed district.
(c) The reasons necessitating the creation of the district under this chapter.
(d) A request that the time set for hearings on the formation of the district be on short notice and the reason or reasons for the request.
(e) A description of, or proposal for, work to be done, an estimate of the cost of the work, and proposed assessments.
(Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 1 - Initiation of Proceedings › Section 26568.3.

26568.3. (a) Upon presentation to the legislative body of a petition in the form prescribed by Section 26568.2, the legislative body shall adopt a resolution setting a public hearing on short notice on the petition and directing that notice of the hearing be given as provided in Section 26569. However, notice of the hearing shall be omitted if the hearing of objections is not required as provided in subdivision (b). The hearing shall be set no earlier than 15 days after the adoption of the resolution under this subdivision.
(b) The hearing of objections shall not be required if the legislative body, when considering the passage of a resolution of intention pursuant to a petition presented pursuant to Section 26568.1, finds and determines by a four-fifths vote of all members thereof, that all of the owners of lots or lands liable to be assessed have signed and filed a petition with the clerk on or before the day that the resolution of intention is to be considered for passage, waiving the hearing, declaring that they do not have any objections to the proposed work or the formation of the district, and requesting that the hearings of objections not be required.
(Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.)