reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 23.5 - COACHELLA VALLEY MOUNTAINS CONSERVANCY › CHAPTER 3 - Open-Space Protection Program › Section 33700.

33700. (a) As used in this chapter, “mountainous lands” means all lands, irrespective of their angle of slope or other natural or manmade terrain features, within the territory of the conservancy that lie above the floor of the Coachella Valley, if there is no alluvial fan, or that lie above any alluvial fan extending onto the valley floor, as more specifically set forth in that certain map entitled “Coachella Valley Mountainous Lands Map” and dated ____ __, 1999, and placed on file with the Secretary of State, which map is hereby incorporated in this subdivision by this reference. The map described in this subdivision may be combined with, and made a part of, the map described in Section 33502.
(b) The governing board of the conservancy may adjust the boundary delineating mountainous lands within the conservancy’s territory, but not by more than 100 yards from the boundary mapped as specified in subdivision (a), to avoid bisecting any single lot or parcel in existence on January 1, 1991, or to conform the boundary to more readily identifiable natural or manmade features in existence on January 1, 1991, if the adjustment will not jeopardize any of the resource values specified in Section 33500. Any adjustment in the boundary shall be reflected in a revision to the map specified in subdivision (a), which revision shall be promptly filed with the Secretary of State.
(c) In the event of any inconsistency between the definition of “mountainous lands,” as set forth in this section, and the map described in this section, the definition shall control.
(d) As used in this chapter, “natural community conservation lands” means all lands within the territory of the conservancy, the preservation of which is necessary to implement a natural community conservation plan that has been approved by the Department of Fish and Game pursuant to Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code.
(Amended by Stats. 1999, Ch. 419, Sec. 6. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.5 - COACHELLA VALLEY MOUNTAINS CONSERVANCY › CHAPTER 3 - Open-Space Protection Program › Section 33701.

33701. The conservancy may not exercise the power of eminent domain. The conservancy may request the State Public Works Board to exercise the power of eminent domain on behalf of the conservancy pursuant to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code). The conservancy may initiate a request only with respect to uninhabited real property within the territory of the conservancy containing mountainous lands and after providing at least 60 days’ notice of its intention to request acquisition by eminent domain. The notice shall be sent either to the city in which the real property is situated; the county if the real property is situated in an unincorporated area; or the Tribal Council of the Agua Caliente Band of Cahuilla Indians if the real property is situated within the trust lands of the Agua Caliente Indian Reservation. The State Public Works Board shall not, acquire any real property by eminent domain in response to a request of the conservancy if either of the following is the case:
(a) No part of the real property is mountainous land.
(b) The acquisition is objected to by the city in which the real property is situated; by the county if the real property is situated in an unincorporated area; or by the Tribal Council of the Agua Caliente Band of Cahuilla Indians if the real property is situated within the trust lands of the Agua Caliente Indian Reservation. To be effective, the objection shall be made by a resolution of the city council, the county board of supervisors, or the Tribal Council of the Agua Caliente Band of Cahuilla Indians, as the case may be, adopted within 60 days from the date of receipt of notice from the conservancy. The city, the county, or the tribal council, as the case may be, may at any subsequent time rescind its objection.
(Amended by Stats. 1996, Ch. 963, Sec. 7. Effective September 27, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.5 - COACHELLA VALLEY MOUNTAINS CONSERVANCY › CHAPTER 3 - Open-Space Protection Program › Section 33702.5.

33702.5. The conservancy may enter into an option to purchase real property in fee or any lesser interest and may transfer an option subject to the requirements of subdivision (b) of Section 33702.
(Added by Stats. 1992, Ch. 676, Sec. 9. Effective January 1, 1993. Operative January 1, 1994, pursuant to Sec. 13 of Ch. 676, as amended by Stats. 1993, Ch. 1286, Sec. 6.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.5 - COACHELLA VALLEY MOUNTAINS CONSERVANCY › CHAPTER 3 - Open-Space Protection Program › Section 33703.

33703. This division is not intended to infringe on the existing authority of the County of Riverside or the cities lying within the conservancy’s territory to plan and control land uses, and no provision of this division shall be construed as conferring on the conservancy the authority to plan or control the use of any land except those lands that the conservancy may acquire and hold.
(Added by Stats. 1990, Ch. 977, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.5 - COACHELLA VALLEY MOUNTAINS CONSERVANCY › CHAPTER 3 - Open-Space Protection Program › Section 33704.

33704. The Legislature hereby acknowledges the role of the former Coachella Valley Mountains Conservancy, a California nonprofit corporation, and its successor, the Coachella Valley Mountains Trust, a California nonprofit corporation, in providing the leadership within the community that led to the creation of the conservancy pursuant to this division. Accordingly, the conservancy created by this division shall consult, and coordinate its program, with the trust, and any successor entity, for as long as it may exist.
(Added by Stats. 1990, Ch. 977, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.5 - COACHELLA VALLEY MOUNTAINS CONSERVANCY › CHAPTER 4 - Finances › Section 33800.

33800. (a) The conservancy may incur debt only for the purpose of acquiring real property. To acquire that property, the conservancy may only borrow money from, and incur a debt to, an entity that is represented on the conservancy’s governing board if the debt instrument pertaining to the acquisition of the property states that the security for the debt created therein is limited to the real property to be acquired, and includes an acknowledgment that no state funds or state credit will be obligated or committed to repay the debt.
(b) Any debt instrument that is entered into by the conservancy after January 1, 1997, shall be null and void, except for a debt instrument that complies with subdivision (a) and is approved by the Department of Finance.
(Repealed and added by Stats. 1996, Ch. 963, Sec. 10. Effective September 27, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.5 - COACHELLA VALLEY MOUNTAINS CONSERVANCY › CHAPTER 4 - Finances › Section 33802.

33802. The conservancy may fix and collect fees for the use by the public of any lands owned or otherwise controlled by the conservancy. No fee shall, however, exceed the conservancy’s cost of providing the service for which the fee is charged.
(Added by Stats. 1990, Ch. 977, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.5 - COACHELLA VALLEY MOUNTAINS CONSERVANCY › CHAPTER 4 - Finances › Section 33803.

33803. (a) The conservancy may raise revenues for any lawful purpose of the conservancy pursuant to this chapter.
(b) If the conservancy proposes to raise revenue by the levy of an assessment on real property or by the levy of any type of tax or increase in any existing tax authorized by this chapter, and the law authorizing the assessment or tax requires the approval of the electors of the conservancy, the assessment or tax may not be levied unless and until it is approved by the electors of the conservancy at an election held for that purpose. Any assessment or tax levied by the conservancy shall be approved by two-thirds of the votes cast by the electors of the conservancy if the law authorizing the assessment or tax requires approval by two-thirds of the votes cast, or shall be approved by a majority of the votes cast by the electors of the conservancy if the law authorizing the assessment or tax provides for approval by a majority of the votes cast.
(c) Any election conducted by the conservancy shall be consolidated with a statewide election or any election conducted throughout the County of Riverside.
(Amended by Stats. 1991, Ch. 267, Sec. 13.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.5 - COACHELLA VALLEY MOUNTAINS CONSERVANCY › CHAPTER 4 - Finances › Section 33804.

33804. The conservancy is expressly authorized to raise revenues by any, or a combination, of the following:
(a) An assessment to finance capital improvements and land acquisition, which may be levied within one or more zones within the conservancy’s territory established to reflect the level of service provided by the conservancy within the zone, as provided in the Improvement Act of 1911 (Division 7 (commencing with Section 5000), Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500), Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000), Streets and Highways Code), and the Landscaping and Lighting Act of 1972 (Division 15 (commencing with Section 22500), Streets and Highways Code). At the election authorizing the assessment, the conservancy may propose a range of assessment rates, within which range the rate may from time to time be adjusted by the governing board to reflect the conservancy’s revenue needs.
(b) A special tax, as provided in Article 3.7 (commencing with Section 53720) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code.
(c) A special tax levied pursuant to the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code).
(Added by Stats. 1990, Ch. 977, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.5 - COACHELLA VALLEY MOUNTAINS CONSERVANCY › CHAPTER 4 - Finances › Section 33805.

33805. Upon making the determination that immediate revenues are insufficient for the acquisition of property, other capital expenses, or the funding or refunding of any outstanding indebtedness, the governing board of the conservancy may call an election on a proposition to incur indebtedness in a specified amount and to issue limited obligation bonds.
(Added by Stats. 1990, Ch. 977, Sec. 1.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.5 - COACHELLA VALLEY MOUNTAINS CONSERVANCY › CHAPTER 4 - Finances › Section 33806.

33806. The Coachella Valley Mountains Conservancy Fund is hereby created in the State Treasury. The money in the fund shall be made available for expenditure by the conservancy, upon appropriation by the Legislature, for the purposes of this division.
(Added by Stats. 1996, Ch. 963, Sec. 11. Effective September 27, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.7 - PRESERVATION OF FUTURE TRANSPORTATION OPTIONS › Section 33911.

33911. The department may receive donations of land and funds for the acquisition of land from local agencies, including special districts, and private entities. Land acquired by the department through donation, purchase, or by any other means, shall be maintained by the department for future transportation purposes. The acquisition of land by the department for that purpose is not subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000)) if the land, when received or acquired, is within a statewide or regional priority corridor designated pursuant to Section 65081.3 of the Government Code and the applicable regional transportation planning agency has complied with Section 33913 of the Government Code.
(Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.7 - PRESERVATION OF FUTURE TRANSPORTATION OPTIONS › Section 33912.

33912. (a) Of the funds appropriated to the Department of Transportation by Section 161030 of the Public Utilities Code, all money remaining on July 1, 1993, that is neither encumbered nor needed by the department to comply with the terms of any offer to purchase property that was made to the owner on or before July 1, 1993, shall be used, upon appropriation by the Legislature, for purposes of this division.
(b) The proceeds of the sale of any property acquired pursuant to this division shall be used, upon appropriation by the Legislature, for the purposes of this division.
(Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.7 - PRESERVATION OF FUTURE TRANSPORTATION OPTIONS › Section 33913.

33913. Land may be acquired by the department if the land is located in a designated corridor of statewide or regional priority as determined pursuant to Section 65081.3 of the Government Code. Proposals by other entities for the acquisition of land by the department shall be submitted to the regional transportation planning agency in whose jurisdiction the land is located for review and recommended action, and be approved by the department. No proposal shall be approved by the department pursuant to this section unless the regional transportation planning agency, after a public hearing, finds that the range of potential transportation facilities to be located on the land can be constructed in a manner which will avoid or mitigate significant environmental impacts or values identified in subdivisions (a), (b), and (c). The regional transportation planning agency is not required to comply with the California Environmental Quality Act in any manner, other than complying with the provisions of subdivision (a), in order to make this finding, if it has prepared an environmental review of the corridor of statewide or regional priority in which the land is located pursuant to Section 65081.3 of the Government Code. The regional transportation planning agency shall base its finding on a consideration of each of the following:
(a) The information contained in the environmental impact report prepared pursuant to Section 65081.3 of the Government Code and a document describing the proposed land acquisition which includes the content of an initial study described in subdivision (d) of Section 15063 of Title 14 of the California Code of Regulations (California Environmental Quality Act Guidelines). However, the study need not include greater specificity about the type or nature of the proposed transportation project than has been provided in action by the governing body of the project applicant agency.
(b) Review by the Department of Fish and Game. The Department of Fish and Game shall make the results of its review of the proposed land acquisition known to the regional transportation planning agency no later than 30 days after the acquisition is submitted to them by the regional transportation planning agency for review, or its comments shall not be considered in the finding.
(c) Other information submitted to the regional transportation planning agency in the public hearing or in writing regarding the proposed acquisition by the department.
(Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.7 - PRESERVATION OF FUTURE TRANSPORTATION OPTIONS › Section 33914.

33914. The determinations made pursuant to this division shall not constitute the basis for a determination of compliance with the California Environmental Quality Act for purposes of constructing the transportation project.
(Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.7 - PRESERVATION OF FUTURE TRANSPORTATION OPTIONS › Section 33915.

33915. The acquisition and holding of land under this division constitutes a public purpose, notwithstanding Section 1240.220 of the Code of Civil Procedure.
(Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 23.7 - PRESERVATION OF FUTURE TRANSPORTATION OPTIONS › Section 33917.

33917. (a) A transportation planning agency, a county transportation commission, or a county transportation authority may create a transportation corridor preservation entity within the area of its jurisdiction and may create a corridor preservation account.
(b) Sections 33911, 33913, 33914, and 33915 apply to a transportation preservation entity created pursuant to subdivision (a).
(Added by Stats. 1992, Ch. 754, Sec. 2. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 24 - RENEWABLE RESOURCES INVESTMENT PROGRAM › Section 34000.

34000. Money deposited in the Bosco-Keene Renewable Resources Investment Fund created by former Section 7150.6 of the Fish and Game Code may be encumbered, pursuant to appropriation by the Legislature, only for the following purposes:
(a) Salmon and steelhead hatchery expansion and fish habitat improvement.
(b) Forest resource improvement projects pursuant to the California Forest Improvement Act of 1978.
(c) Urban forestry projects pursuant to the California Urban Forestry Act of 1978.
(d) Agricultural soil drainage programs which will retard desertification and protect agricultural productivity.
(e) Support of technical assistance programs which will prevent soil erosion.
(f) Agricultural, industrial, and urban water conservation programs.
(g) Wildland fire prevention programs pursuant to the Wildland Fire Protection and Resources Management Act of 1978, Article 1 (commencing with Section 4461) and Article 2 (commencing with Section 4475) of Chapter 7 of Part 2 of Division 4.
(h) Coastal resource enhancement projects pursuant to Chapter 6 (commencing with Section 31251) of Division 21.
(i) Regulation and oversight of surface mining activities pursuant to the Surface Mining and Reclamation Act of 1975 (Chapter 9 (commencing with Section 2710) of Division 2).
(Amended by Stats. 2003, Ch. 240, Sec. 25. Effective August 13, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 24 - RENEWABLE RESOURCES INVESTMENT PROGRAM › Section 34001.

34001. The Department of Fish and Game may make grants to nonprofit organizations, political subdivisions of the state, and Indian tribes to cooperate with the department in salmon and steelhead rehabilitation along the north coast of California.
The Director of Fish and Game may establish criteria for the awarding of these grants to applicants who demonstrate the greatest expertise in accomplishing the salmon and steelhead rehabilitation projects.
(Added by Stats. 1984, Ch. 573, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 24 - RENEWABLE RESOURCES INVESTMENT PROGRAM › Section 34002.

34002. The Department of Fish and Game may provide nonprofit organizations and Indian tribes partial funding of grants provided under Section 34001 or Section 3 of Chapter 344 of the Statutes of 1981, if in the opinion of the department, any such organization meets all of the following requirements:
(a) Has a previously demonstrated record of successfully completing one or more salmon or steelhead rehabilitation projects funded under the Cooperative North Coast Salmon and Steelhead Restoration Project.
(b) Utilizes acceptable accounting procedures.
(c) Demonstrates that the project can be accomplished more efficiently and economically and with partial funding provided before the project’s completion.
(Added by Stats. 1984, Ch. 1686, Sec. 15. Effective September 30, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 25 - COASTAL RESOURCES AND ENERGY ASSISTANCE › CHAPTER 1 - General Provisions › Section 35001.

35001. The Legislature finds and declares that it is essential that the state, in cooperation with local governments, invest a portion of federal revenues derived from the extraction of publicly owned, nonrenewable offshore energy resources for the sound protection and management of the state’s renewable ocean and coastal resources.
(Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 25 - COASTAL RESOURCES AND ENERGY ASSISTANCE › CHAPTER 1 - General Provisions › Section 35002.

35002. The Legislature further finds and declares that the federal government’s accelerated and expanded federal offshore leasing program, in conjunction with the State Lands Commission’s submerged lands leasing program, have placed a greater strain on state and local government efforts to plan for and manage the ocean and coastal impacts caused by offshore oil and gas development.
(Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 25 - COASTAL RESOURCES AND ENERGY ASSISTANCE › CHAPTER 1 - General Provisions › Section 35003.

35003. The Legislature further finds and declares, therefor, that a portion of federal revenues derived from the extraction of offshore energy resources should be expended by the state to further the following goals:
(a) Provision of financial assistance to coastal counties and cities affected by federal and state offshore energy development.
(b) Assistance to local governments to exercise their responsibility for improving the management of the state’s coastal resources.
(Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 25 - COASTAL RESOURCES AND ENERGY ASSISTANCE › CHAPTER 3 - Coastal County and City Offshore Energy Assistance › Section 35030.

35030. (a) The secretary, after consulting with the California Coastal Commission and the State Lands Commission concerning offshore energy activities, shall award grants to coastal counties and cities to be used for the purposes of planning, assessment, mitigation, permitting, monitoring and enforcement, public services and facilities, and for other activities related to offshore energy development, consistent with the requirements of the state’s coastal management program.
(b) Prior to receiving grants under this chapter, each coastal county and city shall submit a report to the secretary describing how the funds are to be expended. Before submitting the report, each coastal county and city shall provide opportunities for the public to review and comment on the report and shall hold at least one public hearing on the report.
(Repealed and added by Stats. 1991, Ch. 1027, Sec. 2.)
2023 California Code › Public Resources Code - PRC › DIVISION 25 - COASTAL RESOURCES AND ENERGY ASSISTANCE › CHAPTER 3 - Coastal County and City Offshore Energy Assistance › Section 35031.

35031. Any funds appropriated in accordance with this chapter and not expended as described in Section 35030, may be awarded by the secretary for technical and financial assistance to coastal counties and cities with approved local coastal programs to help them exercise effectively their responsibility for improving the management of the state’s coastal resources. Technical and financial assistance shall be made available to coastal counties and cities to do any of the following:
(a) Protect wetlands, flood plains, estuaries, beaches, dunes, and fish and wildlife and their habitat within coastal areas.
(b) Minimize the loss of life and property in coastal flood-prone, storm surge, geologic hazard, and erosion-prone areas.
(c) Provide public access to the coast for recreational purposes, to acquire coastal view sheds, and to preserve, maintain, and restore historic, cultural, and aesthetic coastal sites.
(d) Facilitate the process for siting major facilities along the coast related to fisheries, recreation, and ports and other coastal dependent commercial uses, giving full consideration to environmental concerns as well as the need for economic development.
(e) Promote other coastal management improvements determined by the secretary to be consistent with the state’s coastal management program.
(Amended by Stats. 1996, Ch. 977, Sec. 1. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 25 - COASTAL RESOURCES AND ENERGY ASSISTANCE › CHAPTER 3 - Coastal County and City Offshore Energy Assistance › Section 35032.

35032. On or before April 15, 1997, the secretary, in cooperation with the California Coastal Commission, shall develop and implement a competitive application process to award coastal counties and cities financial and technical assistance pursuant to this chapter. Thereafter, the secretary shall review that process by April 15 of each year that funds are appropriated pursuant to this chapter.
(Amended by Stats. 1996, Ch. 977, Sec. 2. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 25 - COASTAL RESOURCES AND ENERGY ASSISTANCE › CHAPTER 3 - Coastal County and City Offshore Energy Assistance › Section 35033.

35033. Any financial assistance provided to local governments under this chapter may not exceed 90 percent of the cost of carrying out the project. Commencing in the 1997 calendar year and in each calendar year thereafter, 50 percent of the amount of funds received by the state pursuant to Section 8(g) of the Outer Continental Shelf Lands Act (43 U.S.C. Sec. 1337(g)) over the amount of funds so received in the 1996 calendar year shall be available, on an annual basis, for appropriation to the secretary for grants to coastal counties and cities pursuant to this chapter.
(Amended by Stats. 1996, Ch. 977, Sec. 3. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 25 - COASTAL RESOURCES AND ENERGY ASSISTANCE › CHAPTER 3 - Coastal County and City Offshore Energy Assistance › Section 35034.

35034. On an annual basis, the secretary shall review and assess county and city expenditures under this program. Not more than one hundred thousand dollars ($100,000) of the funds appropriated annually pursuant to this chapter may be used by the secretary to defray administrative costs and, of that amount, not more than fifty thousand dollars ($50,000) may be used to cover costs incurred by the California Coastal Commission in the review of grant applications pursuant to this chapter.
(Amended by Stats. 1996, Ch. 977, Sec. 4. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 1 - General Provisions › Section 35100.

35100. This division shall be known and may be cited as the Santa Clara Valley Open-Space Authority Act.
(Amended by Stats. 2015, Ch. 99, Sec. 2. (SB 422) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 1 - General Provisions › Section 35101.

35101. The Legislature hereby finds and declares all of the following:
(a) In Santa Clara County, open-space preservation and creation of a greenbelt are immediate high priorities needed to counter the continuing and serious conversion of these lands to urban uses, to preserve the quality of life in the county, and to encourage agricultural activities.
(b) In order to deal in an expeditious manner with the current serious loss of these properties, the county needs to develop and implement a local funding program involving properties occupied for urban purposes which give rise to the need for open-space preservation that goes significantly beyond current existing funding that is not adequate to resolve these losses.
(c) It is in the public interest to create the Santa Clara Valley Open-Space Authority so that local open-space preservation and greenbelting decisions can be implemented in a timely manner to provide for the acquisition and maintenance of these properties.
(d) All persons owning developed parcels enjoy the privilege of using, and benefit from, the availability of open space.
(Amended by Stats. 2015, Ch. 99, Sec. 3. (SB 422) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 1 - General Provisions › Section 35102.

35102. “Agricultural activity” has the same meaning as “agricultural activity, operation, or facility, or appurtenances thereof” as defined in subdivision (e) of Section 3482.5 of the Civil Code.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 1 - General Provisions › Section 35103.

35103. “Authority” means the Santa Clara Valley Open-Space Authority created pursuant to this division in the County of Santa Clara.
(Amended by Stats. 2015, Ch. 99, Sec. 4. (SB 422) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 2 - Creation of the Open-Space Authority › Section 35120.

35120. The Santa Clara Valley Open-Space Authority is hereby created on February 1, 1993. The maximum jurisdiction of the authority shall include all areas within the county, except those areas of the county presently within the boundaries, including the sphere of influence, of the Midpeninsula Regional Open-Space District. Each city situated within the maximum jurisdictional boundaries shall pass a resolution stating its intent to be included within the authority’s jurisdiction by January 15, 1993. These resolutions shall be transmitted to the board of supervisors. A city that fails to pass the resolution or that formally states its intent to not participate shall be excluded from the authority’s jurisdiction. The creation of the authority is not subject to review by the Santa Clara County Local Agency Formation Commission.
(Amended by Stats. 2015, Ch. 99, Sec. 5. (SB 422) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 2 - Creation of the Open-Space Authority › Section 35121.

35121. (a) If, after the establishment of the authority’s boundaries pursuant to Section 35120, territory within the authority is annexed to a city which is outside the authority, that territory may be detached from the authority pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code).
(b) If, after the establishment of the authority’s boundaries pursuant to Section 35120, a city which is outside the authority’s jurisdiction desires to be included within the authority’s jurisdiction, the city shall adopt a resolution as provided in Section 35120. Following the adoption of the resolution, the territory within the city may be annexed to the authority pursuant to the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). If the authority levies a special tax or an assessment and proposes to extend that special tax or assessment to the territory proposed to be annexed, the annexation shall not be complete until the authority complies with the procedures for levying the special tax or the assessment in that territory, including notice, hearing, and an election, in that territory, when required.
(Amended by Stats. 2003, Ch. 296, Sec. 35. Effective January 1, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 2 - Creation of the Open-Space Authority › Section 35122.

35122. Notwithstanding Section 35120, after the establishment of the authority’s boundaries, the boundaries of the authority may be altered by the annexation of contiguous territory, in the unincorporated area of a neighboring county, pursuant to the annexation process in the Cortese-Knox-Hertzberg Local Government Reorganizing Act of 2000 (Division 3 (commencing with Section 56000) of Title 5 of the Government Code). The board of supervisors of the neighboring county shall pass a resolution stating its intent to be included within the authority’s jurisdiction before any territory in that county may be annexed to the authority.
(Added by Stats. 2015, Ch. 99, Sec. 6. (SB 422) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 2 - Creation of the Open-Space Authority › Section 35123.

35123. (a) Commencing in 2008, the elections of members of the governing board shall be held during the statewide election in November of the year that the term expires.
(b) The elections and the terms of office of the members of the governing board shall be determined pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code).
(c) Any vacancy in the office of a member of the governing board shall be filled pursuant to Section 1780 of the Government Code.
(Repealed and added by Stats. 2007, Ch. 343, Sec. 22. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 2 - Creation of the Open-Space Authority › Section 35124.

35124. Each member of the governing board may receive compensation in the amount of seventy-five dollars ($75) for attending each meeting of the governing board, not to exceed two meetings in any calendar month, together with any actual and necessary expenses incurred in the performance of his or her official duties required or authorized by the governing board. The determination of whether a member’s activities on any specific day are compensable shall be made pursuant to Article 2.3 (commencing with Section 53232) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. Reimbursement for expenses is subject to Section 53232.2 and 53232.3 of the Government Code.
(Repealed and added by Stats. 2007, Ch. 343, Sec. 24. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 3 - Administration › Section 35130.

35130. At the first governing board meeting in January of each year, the governing board shall select a chairperson who shall preside at all meetings, and a vice chairperson, who shall preside in the absence of the chairperson. In the event of the absence of the chairperson and the vice chairperson, the members present, by an order entered into the minutes, shall select one of the members present to act as chairperson pro tempore, who, while so acting, has all of the authority of the chairperson.
(Repealed and added by Stats. 2007, Ch. 343, Sec. 26. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 3 - Administration › Section 35132.

35132. A majority of the members of the governing board constitute a quorum for the transaction of business. All official acts of the authority require the affirmative vote of a majority of the members of the governing board, unless otherwise provided in this division.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 3 - Administration › Section 35133.

35133. The acts of the authority shall be expressed by motion, resolution, or ordinance of its governing board.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 3 - Administration › Section 35134.

35134. All meetings of the governing board shall be conducted pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 3 - Administration › Section 35135.

35135. The governing board shall do all of the following:
(a) Adopt an annual budget following the public hearing required under Section 35136, hire an independent staff of its own, and fix the compensation of its officers and employees.
(b) Adopt an administrative code, by ordinance, which prescribes the powers and duties of the authority officers, the method of appointment of the authority’s employees, and methods, procedures, and systems of operation and management of the authority.
(c) Cause a postaudit of the financial transactions and records of the authority to be made at least annually by a certified public accountant.
(d) Do any and all things necessary to carry out the purposes of this division.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 3 - Administration › Section 35136.

35136. (a) Notice of the time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than 30 days prior to the date of the hearing.
(b) The proposed annual budget shall be available for public inspection at least 30 days prior to the hearing.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 3 - Administration › Section 35137.

35137. The authority may enter into a contract with the Board of Administration of the Public Employees’ Retirement System to include the employees of the authority in that retirement system who are eligible for membership therein, and the employees shall be entitled to the same benefits as state employees pursuant to Part 5 (commencing with Section 22750) of Division 5 of Title 2 of the Government Code.
(Amended by Stats. 2004, Ch. 69, Sec. 36. Effective June 24, 2004.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 4 - Powers and Functions › Section 35151.

35151. The authority may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 4 - Powers and Functions › Section 35152.

35152. (a) The authority may take by grant, appropriation, purchase, gift, devise, condemnation, or lease, and may hold, use, enjoy, and lease or dispose of real and personal property of every kind, and rights in real and personal property, within or without the authority’s jurisdiction, necessary to the full exercise of its powers. The authority may accept and hold open-space easements and purchase development credits wherever the authority may acquire real property.
(b) Priority for open-space acquisition should be focused on those lands closest, most accessible, and visible to the urban area. The remote ranchlands east of the westernmost ridgeline of the Diablo Range shall be acquired as permanent open space only through conservation easement purchases or the granting of lands or conservation easements by owners to the authority.
(c) Lands subject to the grant of an open-space easement executed and accepted by the authority in accordance with this division are enforceably restricted within the meaning of Section 8 of Article XIII of the California Constitution. An easement or other interest in real property may be dedicated for open-space purposes by the adoption of a resolution by the governing board, and any interest so dedicated may be conveyed only as provided in this section.
(d) The authority shall not validly convey an interest in any real property actually dedicated and used for open-space purposes without the consent of a majority of the voters of the authority voting at a special election called by the governing board and held for that purpose. Consent need not first be obtained for a lease of any real property for a period not exceeding 25 years if that real property remains in open-space or agricultural use for the entire duration of the lease.
(Amended by Stats. 2015, Ch. 99, Sec. 7. (SB 422) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 4 - Powers and Functions › Section 35153.

35153. The authority may exercise the right of eminent domain to take any property necessary or convenient to accomplish the purposes of this division, except that it shall not take lands in active ranching, lands in agricultural production, lands in timberland production zones that are not threatened by imminent conversion to developed uses, or lands without the authority’s jurisdiction. Furthermore, the authority shall not acquire any interest in real property by eminent domain unless the real property is contiguous to real property that is already owned by a public agency for open-space use. For purposes of this section, “owned” includes a lease or other contractual commitment to which the public agency is a party, to maintain the property in open-space use for a term of at least 25 years. The right of eminent domain may only be exercised upon the approval of a four-fifths vote of the governing board. If the property owner objects to the acquisition of his or her property by eminent domain, the property owner may, within 30 days of the governing board’s vote, file a written objection with the legislative body of the city or county in which the property is located. If the property is located in more than one city or in the county and one or more cities, the property owner shall file his or her objection with the legislative body of the city or county that includes the larger portion of the property. If the property owner files a timely written objection, the legislative body shall consider the objection at a public hearing to be held within 45 days of its receipt. If the legislative body of a city upholds by a two-thirds vote, or the legislative body of a county upholds by a majority vote, the objection by determining that the acquisition is not in the best interests of the public within the authority’s jurisdiction, the authority shall not exercise its right of eminent domain on that property.
(Amended by Stats. 2015, Ch. 99, Sec. 8. (SB 422) Effective January 1, 2016.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 4 - Powers and Functions › Section 35154.

35154. The authority may, upon a four-fifths vote of the governing board and after holding a public hearing pursuant to Section 6061 of the Government Code, exchange any real property dedicated and used for open-space purposes for real property that the governing board determines to be of equal or greater value and is necessary to be acquired for open-space purposes.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 4 - Powers and Functions › Section 35155.

35155. All property acquired by the authority shall be properly maintained in a reasonable fashion consistent with the natural conditions existing upon the properties, and those properties immediately surrounding it. This maintenance obligation does not hold the authority to a higher standard of care, but is simply a statement of a basic function of the authority.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 4 - Powers and Functions › Section 35156.

35156. The authority may plan, adopt, lay out, plant, develop, and otherwise improve, extend, control, operate, and maintain lands, trails, natural areas, and other facilities for public recreation or agricultural activities. The authority may impose fees for the utilization of its properties which do not exceed the cost of providing services.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 4 - Powers and Functions › Section 35157.

35157. All claims for money or damages against the authority are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as provided in this division or by other statutes or regulations expressly applicable to this division.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 4 - Powers and Functions › Section 35158.

35158. The authority may accept funds or donations from any public or private source for the purposes of acquisition of open-space lands or for projects which are in furtherance of the authority’s open-space or greenbelting objectives within its jurisdiction. The authority may seek government grants and private donations.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 4 - Powers and Functions › Section 35160.

35160. (a) Notwithstanding Section 35159 or any other law, upon approval by the board of directors of the Santa Clara Valley Open-Space Authority, the design-build process described in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code may be used to award contracts for the construction, restoration, and improvement of buildings and facilities, the construction, restoration, and improvement of public access and recreation facilities, and nature-based infrastructure projects, including, but not limited to, habitat restoration projects, enhancement and remediation projects, and watershed, stream corridor, and pond improvement projects in that authority.
(b) The minimum project limitation of one million dollars ($1,000,000), as described in subdivision (a) of Section 22162 of the Public Contract Code, shall not apply to the Santa Clara Valley Open-Space Authority.
(c) For purposes of this section, all references in Chapter 4 (commencing with Section 22160) of Part 3 of Division 2 of the Public Contract Code to “local agency” shall mean the Santa Clara Valley Open-Space Authority and its board of directors.
(Amended by Stats. 2023, Ch. 131, Sec. 181. (AB 1754) Effective January 1, 2024.)
2023 California Code › Public Resources Code - PRC › DIVISION 26 - SANTA CLARA VALLEY OPEN-SPACE AUTHORITY › CHAPTER 5 - Funding › Section 35170.

35170. The Legislature, by the enactment of this chapter, intends that the authority use any funds provided by this chapter to supplement existing local revenues being used for open-space acquisition, preservation, or maintenance purposes. The county and the cities within the jurisdiction of the authority are further encouraged to maintain their existing commitment of local funds for these purposes.
(Added by Stats. 1992, Ch. 822, Sec. 1. Effective January 1, 1993.)