reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 10.3 - AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM › Section 10281.

10281. The purpose of the grant program is to assist any local government entity, nonprofit organization, authority, or joint powers authority to apply for, and cost-effectively use, grant funds available for farmland, grazing lands, and grasslands protection and preservation from funds that are made available pursuant to subdivision (f) of Section 5096.650 and from other funding sources.
(Added by Stats. 2002, Ch. 983, Sec. 3. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.3 - AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM › Section 10281.5.

10281.5. (a) In addition to the requirements established by the department, the applicant shall demonstrate that the changes to the existing goals, objectives, policies, or programs of the city, county, or city and county that will logically result from the grant will improve protection of, or have a beneficial effect on climate change goals for, agricultural land, grazing land, or grasslands.
(b) Prior to awarding funds under the program, the department shall develop guidelines and selection criteria for awarding grants in accordance with all of the following:
(1) Prior to the adoption of the guidelines and selection criteria, the department shall conduct at least two public workshops to receive and consider public comments.
(2) The department shall publish the draft guidelines and selection criteria on its Internet Web site at least 30 days prior to the public meetings.
(3) In adopting the guidelines and selection criteria, the department shall consider the comments from farming and ranching groups, agricultural land conservation groups, building and construction groups, local governments, regional agencies, and other stakeholders.
(4) Program guidelines may be revised by the department to reflect changes in program focus or need. Outreach to stakeholders shall be conducted pursuant to paragraphs (1), (2), and (3) before the department adopts changes to guidelines.
(c) Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the development and adoption of the guidelines and selection criteria pursuant to this section.
(Amended by Stats. 2017, Ch. 434, Sec. 10. (SB 732) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.3 - AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM › Section 10282.

10282. (a) Under the grant program, a local government entity, nonprofit organization, authority, or joint powers authority may apply to the department for a planning grant to be used for the protection of agricultural lands and grazing lands, including oak woodlands and grasslands. In addition to any requirements established by the department, to be eligible for a grant under the grant program, an applicant shall do all of the following:
(1) Identify and map, utilizing the designations in the farmlands mapping and monitoring program of the Department of Conservation pursuant to Section 65570 of the Government Code, existing or potential agricultural lands in its jurisdiction.
(2) Specify its existing goals, objectives, policies, or programs that support the long-term protection of agricultural land.
(3) Specify the proposed changes to its existing goals, objectives, policies, or programs that support the long-term protection of agricultural land.
(4) Specify how the planning grant would be used to improve the long-term protection of agricultural land within its jurisdiction.
(b) A grant awarded by the department under the grant program shall not exceed five hundred thousand dollars ($500,000) to any applicant, or seven hundred fifty thousand dollars ($750,000) if the department determines that a grant application is for collaborative planning activities proposed to include two or more adjacent counties, cities, or city and county.
(c) In granting funds pursuant to this division, the department shall give priority to proposals that include matching funds from local sources.
(d) A grant proposal by a park or open-space district, resource conservation district, other special district, authority, or joint powers authority shall be approved by resolution of the city, county, or city and county, or multiple cities and counties, whose jurisdiction the proposal is intended to benefit. The city, county, or city and county shall provide evidence that it is willing to implement some of the planning process funded by the grant.
(e) The purposes for which a grant made pursuant to this division for agricultural protection may include, but need not be limited to, the following:
(1) To update the general plan of a city, county, or city and county to improve protection of agricultural land, or a zoning ordinance designed to improve protection of agricultural land.
(2) To develop multicounty strategies to protect agricultural land.
(3) To develop city-county agreements to protect agricultural land.
(4) To develop strategies to implement existing general plan provisions, city-county agreements, or multicounty agreements to protect agricultural land, including technical assistance.
(5) To develop public-private partnerships for the long-term protection and stewardship of agricultural lands.
(Amended by Stats. 2017, Ch. 434, Sec. 11. (SB 732) Effective January 1, 2018.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.3 - AGRICULTURAL PROTECTION PLANNING GRANT PROGRAM › Section 10283.

10283. Eligible projects funded under this division with the proceeds from the sale of any bonds shall be consistent with the requirements of Section 16727 of the Government Code.
(Added by Stats. 2002, Ch. 983, Sec. 3. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10330.

10330. The Wildlife Conservation Board is hereby designated as the lead agency of the state for carrying out the program of rangeland, grazing land, and grassland protection pursuant to this division.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10331.

10331. The California Rangeland, Grazing Land, and Grassland Protection Program is hereby established to protect California’s rangeland, grazing land, and grasslands through the use of conservation easements, for the following purposes:
(a) To prevent the conversion of rangeland, grazing land, and grassland to nonagricultural uses.
(b) To protect the long-term sustainability of livestock grazing.
(c) To ensure continued wildlife, water quality, watershed, and open-space benefits to the State of California from livestock grazing.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10332.

10332. As used in this division, the following terms have the following meanings:
(a) “Board” means the Wildlife Conservation Board created pursuant to Article 2 (commencing with Section 1320) of Chapter 4 of Division 20 of the Fish and Game Code.
(b) “Conservation easement” means a conservation easement, as defined by Section 815.1 of the Civil Code, that is perpetual.
(c) “Local public agency” means any city, county, city and county, resource conservation district, district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5, authority formed pursuant to Division 26 (commencing with Section 35100), or joint powers authority made up of two or more local public agencies and one or more state agencies.
(d) “Nonprofit organization” means any nonprofit public benefit corporation formed pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code), qualified to do business in California, and qualified under Section 501(c)(3) of Title 26 of the Internal Revenue Code as a tax-exempt corporation that has as a principal purpose the conservation of land and water resources.
(e) “Property” means any real property, and any perpetual interest therein, including land, conservation easements, and land containing water rights.
(f) “Qualified property” means property that is rangeland, grazing land, or grassland and is used or is suitable for grazing; is zoned for agricultural grazing, or open-space use; and is used or suitable for habitat for aquatic or terrestrial wildlife species or native plants.
(g) “State agency” means any public entity created by statute within the Resources Agency.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10334.

10334. Funds may be expended by the board for the acquisition of conservation easements over qualified property pursuant to the authority granted to the board under Section 1348 of the Fish and Game Code. The board may also make grants of funds to a state agency, local public agency, or nonprofit organization for the acquisition of conservation easements over qualified property.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10335.

10335. Funds expended pursuant to this division may be used only to acquire conservation easements to protect rangeland, grazing lands, and grasslands, consistent with the purposes of Sections 10331 and 10337. If additional property interests, restrictions, enhancements, or access is acquired in addition to a conservation easement, funds for those additional acquisitions shall be provided from other sources.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10335.5.

10335.5. (a) Any eligible projects funded under this division with the proceeds from the sale of any bonds shall be consistent with the requirements of Section 16727 of the Government Code.
(b) Of the total amount of funds derived from the proceeds of bonds and appropriated by Section 2 of the act adding this division, the board may not expend more than 5 percent for associated programmatic costs.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10336.

10336. The board may adopt guidelines to implement the program, including the establishment of procedures and a schedule for submittal of applications for grants and a requirement that conservation easements be monitored not less than every two years. Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code does not apply to the guidelines adopted pursuant to this section.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10337.

10337. A conservation easement may be acquired pursuant to this division only if its acquisition will protect, restore, or enhance rangeland, grazing land, or grassland and sustain the character of the property. In evaluating qualified property, the board and any recipient of a grant may consider all of the following criteria:
(a) The productivity or potential productivity of the land.
(b) The long-term economic viability of the property.
(c) The threat to the property of urban or intensified rural development.
(d) The presence of scenic open-space or viewshed, historic, or archeological values, or unique geologic features.
(e) The presence of water resources, including groundwater recharge.
(f) The presence of vegetation with ecological significance, such as oak woodlands, forests, riparian corridor, or native vegetation.
(g) The quality of the soil.
(h) The location of the property relative to an urban sphere of influence.
(i) The location of the property relative to other properties preserved by conservation easements.
(j) Whether protecting this property will assist in protecting other lands.
(k) The geographic concentration of other rangelands, grazing lands, and grasslands.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10338.

10338. At a minimum, each application for a grant shall contain all of the following:
(a) A legal description of the property and a description of the current use of the land and the habitat types of the property, including documentation of how acquisition of a conservation easement will preserve rangeland, grazing land, or grassland.
(b) An independent and impartial appraisal prepared by a real estate appraiser who is licensed pursuant to the Real Estate Appraisers’ Licensing and Certification Law (Part 3 (commencing with Section 11300) of Division 4 of the Business and Professions Code).
(c) Certification by the prospective seller of the conservation easement that the seller was not, and is not, required to satisfy a condition imposed upon the seller by any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, the mitigation of significant effects on the environment of a project pursuant to an approved environmental impact report or mitigated negative declaration required pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)).
(d) Disclosure of any known or suspected environmental conditions associated with the property.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10339.

10339. The board may require further information as is reasonably necessary to allow the board to evaluate the proposed acquisition.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10340.

10340. The board, or the recipient of a grant, may accept contributions of money from a prospective seller to pay or reimburse the costs of appraisal, escrow, and title, and other transaction costs associated with the acquisition, including any environmental assessment.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10342.

10342. Any conservation easement, money, or other asset acquired pursuant to this division shall not be deemed a transfer pursuant to Article 1 (commencing with Section 2780) of Chapter 9 of Division 3 of the Fish and Game Code.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10343.

10343. (a) Nothing in this division authorizes or increases the authority of any public agency to use eminent domain to acquire private property.
(b) Nothing in this division diminishes any existing land or water right held by an existing easement holder in any property for which acquisition of a conservation easement is proposed.
(c)An existing mineral rights holder, as identified in the public records in the county where the property is located, shall be given notice of intent to purchase a conservation easement. The notice may be given by any means authorized by statute.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.4 - RANGELAND, GRAZING LAND, AND GRASSLAND PROTECTION ACT › Section 10344.

10344. The board may coordinate this program with the Oak Woodlands Conservation Act established pursuant to Article 3.5 (commencing with Section 1360) of Chapter 4 of Division 2 of the Fish and Game Code, as administered by the board.
(Added by Stats. 2002, Ch. 984, Sec. 1. Effective January 1, 2003.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 1 - General Provisions › ARTICLE 1 - Title › Section 12200.

12200. This division shall be known and may be cited as the California Forest Legacy Program Act of 2007.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 1 - General Provisions › ARTICLE 2 - Findings and Declarations › Section 12211.

12211. It is the intent of the Legislature, in enacting this division and the California Forest Legacy Program, to protect forest lands and aquatic resources in California by focusing on all of the following priorities:
(a) Encouraging the long-term conservation of productive forest lands by providing an incentive to owners of private forest lands to prevent future conversions of forest land and forest resources.
(b) Protection of wildlife habitat, rare plants, and biodiversity.
(c) Maintenance of habitat connectivity and related values needed to ensure the viability of wildlife populations across landscapes and regions.
(d) Protection of riparian habitats, oak woodlands, ecological old growth forests, and other key forest types and seral stages that are poorly represented across landscapes and regions, and that play a key role in supporting biodiversity.
(e) Protection of water quality, fisheries, and water supplies.
(f) Maintenance and restoration of natural ecosystem functions.
(g) Encouraging improvements to enhance long-term sustainable forest uses while providing forest areas with increased protection against other land uses that conflict with forest uses.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 1 - General Provisions › ARTICLE 3 - Definitions › Section 12220.

12220. Unless the context otherwise requires, the definitions in this article govern the construction of this division.
(a) “Applicant” means a landowner who is eligible for cost-sharing grants pursuant to the federal Forest Legacy Program (16 U.S.C. Sec. 2103 et seq.) or who is eligible to participate in the California Forest Legacy Program and the operation of the program, with regard to that applicant, does not rely on federal funding.
(b) “Biodiversity” is a component and measure of ecosystem health and function. It is the number and genetic richness of different individuals found within the population of a species, of populations found within a species range, of different species found within a natural community or ecosystem, and of different communities and ecosystems found within a region.
(c) “Board” means the State Board of Forestry and Fire Protection.
(d) “Conservation easement” has the same meaning as found in Chapter 4 (commencing with Section 815) of Title 2 of Part 2 of Division 2 of the Civil Code.
(e) “Conversions” is a generic term for situations in which forest lands become used for nonforest uses, particularly those uses that alter the landscape in a relatively permanent fashion.
(f) “Department” means the Department of Forestry and Fire Protection and “director” means the Director of Forestry and Fire Protection.
(g) “Forest land” is land that can support 10-percent native tree cover of any species, including hardwoods, under natural conditions, and that allows for management of one or more forest resources, including timber, aesthetics, fish and wildlife, biodiversity, water quality, recreation, and other public benefits.
(h)  “Landowner” means an individual, partnership, private, public, or municipal corporation, Indian tribe, state agency, county, or local government entity, educational institution, or association of individuals of whatever nature that own private forest lands or woodlands.
(i) “Local government” means a city, county, district, or city and county.
(j) “Nonprofit organization” means any qualified land trust organization, as defined in Section 170(h)(3) of Title 26 of the United States Code, that is organized for one of the purposes of Section 170(b)(1)(A)(vi) or 170(h)(3) of Title 26 of the United States Code, and that has, among its purposes, the conservation of forest lands.
(k)  “Program” means the California Forest Legacy Program established under this division.
(l)  “Woodlands” are forest lands composed mostly of hardwood species such as oak.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 1 - General Provisions › ARTICLE 4 - Administration › Section 12230.

12230. The department shall carry out the California Forest Legacy Program. Nothing in this division alters the department’s responsibility for the administration of state, federal, or private funds that are allocated for the purpose of protecting private forest lands and all associated natural resources.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 1 - General Provisions › ARTICLE 4 - Administration › Section 12231.

12231. Nothing in this chapter grants any new authority to the department to affect local policy or land use decisionmaking.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 2 - California Forest Legacy Program › Section 12240.

12240. The California Forest Legacy Program is hereby established. The Wildlife Conservation Board may acquire conservation easements on behalf of the department, pursuant to this division. The California Forest Legacy Program may also include those activities eligible for funding under the federal Forest Legacy Program (16 U.S.C. Sec. 2103c), and the state program shall be coordinated with the federal program to the maximum amount possible.
(Amended by Stats. 2012, Ch. 252, Sec. 2. (AB 2169) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 2 - California Forest Legacy Program › Section 12241.

12241. Money to fund the California Forest Legacy Program shall be obtained from gifts, donations, federal grants and loans, other appropriate funding sources, and through the allocations for the California Wildlife Conservation Board, including those provided from the sale of general obligation bonds pursuant to the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Division 43 (commencing with Section 75001)) and made available by the board pursuant to subdivision (a) of Section 75055 and pursuant to the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692 (commencing with Section 5096.300) of Division 5) and made available for appropriation pursuant to paragraph (4) of subdivision (a) of Section 5096.350.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 2 - California Forest Legacy Program › Section 12242.

12242. The implementation of the program includes the costs associated with the purchase or facilitated donation of conservation easements, technical assistance provided by the department, technology transfer activities of the department, and administrative costs incurred by the department in administering the program.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 2 - California Forest Legacy Program › Section 12244.

12244. Easements acquired under this program may be held by federal, state, or local government entities or by nonprofit land trust organizations. The director shall find that any recipient of a conservation easement is qualified to monitor and enforce the terms of the easement.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 2 - California Forest Legacy Program › Section 12245.

12245. The director shall not disburse any funds until the applicant agrees to both of the following:
(a) That any conservation easement acquired shall be used by the applicant only for the purpose for which the funds were requested.
(b) That the director shall find that any disposition of the easement is consistent with, and in furtherance of, the purposes of this division, that the recipient of the easement is qualified to monitor and enforce the easement, and that the conservation provisions of the easement remain in effect following the transfer.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 2 - California Forest Legacy Program › Section 12246.

12246. If a local, state, or national government agency or nonprofit land trust organization holding the easement is dissolved, the easement shall be transferred to an appropriate public or nonprofit land trust organization that is qualified to monitor and enforce the easement.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 2 - California Forest Legacy Program › Section 12247.

12247. The easement, or any of its terms, may only be amended with the consent of all of the necessary parties to the easement. The department shall determine that the amendment is consistent with this division.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 2 - California Forest Legacy Program › Section 12248.

12248. The director shall not disburse any funds unless the applicant agrees to restrict the use of the land in perpetuity.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 2 - California Forest Legacy Program › Section 12249.

12249. The board shall adopt rules and regulations for the implementation of this division, including the standards, criteria, and requirements necessary for acquiring conservation easements.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 2 - California Forest Legacy Program › Section 12249.5.

12249.5. Rules or regulations adopted by the board pursuant to Section 12249 shall be adopted in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code).
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 2 - California Forest Legacy Program › Section 12249.6.

12249.6. The department shall review, and approve or disapprove, applications from landowners for the acquisition of conservation easements on forest lands or woodlands.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 3 - Eligibility Criteria › Section 12250.

12250. Every application for the acquisition of a conservation easement shall provide sufficient information to enable the department to verify the parcel’s eligibility for the program and to understand the conservation objectives and the parcel’s environmental value or potential to protect forest and aquatic resources.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 3 - Eligibility Criteria › Section 12250.5.

12250.5. In reviewing applications pursuant to this division, the department shall determine whether the proposed conservation easement meets the eligibility and selection criteria set forth in this chapter and conforms with any rules or regulations adopted by the department pursuant to this chapter.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 3 - Eligibility Criteria › Section 12251.

12251. Proposed conservation easements shall meet the eligibility criteria set forth in this section prior to review pursuant to the selection criteria set forth in Section 12260. To be eligible for participation, private forest land parcels proposed for protection under the program shall comply with all of the following:
(a) Be subject to potential conversion.
(b) Be owned by landowners who are willing and interested in selling or donating conservation easements.
(c) Be forested with at least 10-percent canopy cover by conifer or hardwood species, or be capable of being so forested under natural conditions.
(d) Possession of one or more environmental values of great concern to the public and the state:
(1) Important fish and wildlife habitat.
(2) Areas that can help maintain habitat connectivity across landscapes.
(3) Rare plants.
(4) Biodiversity.
(5) Riparian habitats.
(6) Oak woodlands.
(7) Ecological old growth forests.
(8) Other key forest types and seral stages that are poorly represented across California.
(9) Lands that directly affect water quality and other watershed values.
(e) Provision for continuity of one or more traditional forest uses, such as commodities production or habitat maintenance.
(f) Possession of environmental values that can be protected and managed effectively through conservation easements at reasonable costs.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 3 - Eligibility Criteria › Section 12252.

12252. The easement shall not be required as a condition of any lease, permit, license, certificate, or other entitlement for use issued by one or more public agencies, including, but not limited to, mitigating the significant effects on the environment of a project pursuant to an approved environmental impact report or mitigated negative declaration pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000)), the Z’berg-Nejedly Forest Practice Act of 1973 (Chapter 8 (commencing with Section 4511) of Part 2 of Division 4), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or pursuant to an approved environmental impact statement or a finding of no significant impact under the National Environmental Policy Act of 1969 (42 U.S.C.A. Sec. 4321 et seq.) or the federal Endangered Species Act of 1973 (16 U.S.C.A. Sec. 1531 et seq.).
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 4 - Selection Criteria and Process › Section 12260.

12260. If the department determines that the proposed conservation easement meets the eligibility criteria set forth in Section 12251, the application shall be reviewed based upon the extent to which it satisfies all of the following selection criteria:
(a) The nature of the environmental values proposed for protection, and whether they can be monitored efficiently and effectively.
(b) Whether the parcels are likely to become isolated from other areas maintained for key forest resources by development on adjacent parcels.
(c) Whether the landowner’s management goal for the landowner’s parcel is compatible with the resource protections the landowner is proposing.
(d) Whether the landowner has developed, or commits to developing by the time the easement is finalized, a management plan equivalent to, or better than, a forest stewardship plan that governs management on the parcel.
(e) Whether a nonprofit land trust organization, public agency, or other suitable organization has expressed an interest in working with the department and the landowner to establish, hold, and monitor the easement.
(f) Whether other sources of funding for easement acquisition, closing costs, monitoring, and other costs are available.
(g) Other relevant considerations established by the director.
(Amended by Stats. 2021, Ch. 133, Sec. 97. (SB 272) Effective July 23, 2021.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 4 - Selection Criteria and Process › Section 12262.

12262. An applicant shall select and retain an independent real estate appraiser to determine the value of the conservation easement, which shall be calculated by determining the difference between the fair market value and the restricted value of the property.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 4 - Selection Criteria and Process › Section 12263.

12263. The department shall act on an application for the acquisition of a conservation easement within 180 days of its receipt, and shall notify the applicant in writing of approval or disapproval of the application within 10 days of the decision of the department. The written notice regarding a disapproval decision shall state the reason for the disapproval of the application.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 4 - Selection Criteria and Process › Section 12264.

12264. The department may disapprove the application for the acquisition of a conservation easement in any of the following circumstances:
(a) The application does not satisfy the eligibility criteria set forth in Section 12251 or selection criteria set forth in Section 12260.
(b) Clear title to the conservation easement cannot be conveyed.
(c) There is insufficient money in the fund to carry out the acquisition.
(d) Other acquisitions have a higher priority.
(e) Other relevant considerations established by the director.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 5 - Easement Monitoring and Management › Section 12275.

12275. The department, local government entity, or nonprofit land trust organization acquiring an easement pursuant to this division shall monitor that easement in order to assess the condition of the resources being protected and to ensure that the terms of the easement are being followed. Entities acquiring easements may also enter into a cooperative agreement with another qualified entity to monitor the easement.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 10.5 - CALIFORNIA FOREST LEGACY PROGRAM ACT OF 2007 › CHAPTER 5 - Easement Monitoring and Management › Section 12276.

12276. The department shall ensure that any entity acquiring a conservation easement acquired pursuant to this division has adequate funding for, or otherwise adequately provides for, easement monitoring pursuant to this division, and is able to enforce the easement if its provisions are not satisfied.
(Added by Stats. 2007, Ch. 657, Sec. 1. Effective January 1, 2008.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 1 - General Provisions › Section 13000.

13000. The Legislature hereby finds and declares that there exists throughout the State large unincorporated areas which are particularly suited to and used for recreation resort purposes, and which are held and used by residents of this State but which are inhabited only seasonally. The Legislature further finds and declares that these resort areas are not suited to full urban development without destroying the very nature of the areas; but the seasonal residents of these areas are, nevertheless, in need of extended governmental services; and that the extension of governmental services and the construction and financing of public improvements in these resort areas is complicated by the facts that: (a) many of the services are needed only seasonally, and (b) most of the landowners whose property is benefited by the public improvements, because they are technically nonresidents, are without voice in the direction or method of financing of the necessary services and improvements. It is the intent of the Legislature in enacting this division to provide an alternative method for the furnishing of extended governmental services, including the construction and financing of public improvements, within recreation resort areas adequate to meet the needs of such areas; and to provide for the levy of taxes within such areas in an amount sufficient to pay for extended services provided, additional extended services to be provided, and for public improvements installed or constructed.
(Added by Stats. 1961, Ch. 2069.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 1 - General Provisions › Section 13002.

13002. A resort improvement district consisting of unincorporated territory in one county may be established pursuant to this division, provided that 80 percent or more of the assessed valuation of the land in the district as shown on the last equalized county assessment roll is in nonresident ownership.
(Added by Stats. 1961, Ch. 2069.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 1 - General Provisions › Section 13003.

13003. No additional districts shall be created or organized under this division after September 17, 1965, except in the Fallen Leaf Lake watershed within the Lake Tahoe watershed. The provisions of Section 13075 shall not apply in the Fallen Leaf Lake watershed within the Lake Tahoe watershed.
(Amended by Stats. 1976, Ch. 1281.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 2 - Definitions › Section 13019.

13019. “Voter” means a voter, as defined in Section 359 of the Elections Code, who resides within the boundaries of the district.
(Amended by Stats. 1997, Ch. 140, Sec. 1. Effective January 1, 1998.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 3 - General Administrative Provisions › Section 13031.

13031. The board of supervisors is the governing body of the district, and, unless otherwise provided in this division, the provisions of the County Service Area Law (Chapter 2.5 (commencing with Section 25210) of Part 2 of Division 2 of Title 3 of the Government Code) shall apply to the conduct of the business of the district.
(Amended by Stats. 2008, Ch. 158, Sec. 14. Effective January 1, 2009.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 3 - General Administrative Provisions › Section 13033.

13033. The board of directors of any district formed pursuant to this division shall have such powers as the board of supervisors may from time to time give to them. The board of supervisors may grant to the board of directors of the district any powers herein given to the board of supervisors.
(Added by Stats. 1961, Ch. 2069.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 3 - General Administrative Provisions › Section 13034.

13034. The district board shall consist either of five members, four of which shall be elected from the district and the fifth which shall be the supervisor who represents the area in which the district or major portion thereof is located; or, if the district so elects, by unanimous vote of the directors, the district board shall consist of five members who shall be elected from the district.
(Amended by Stats. 1973, Ch. 531.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 3 - General Administrative Provisions › Section 13034.5.

13034.5. If a district elects pursuant to Section 13034 to have the district board consist of five members elected from the district, the district board may call a special election for the purpose of electing a district board member to succeed the supervisorial member on the district board. A special election called pursuant to this section shall be called and conducted in accordance with the provisions of Chapter 4 (commencing with Section 13050) of this division. A person elected to a district board at a special election pursuant to this section shall hold office until the next succeeding general district election and until the election and qualification of his successor. Thereafter, the term of office of such elected board member shall be four years.
If a special election is not called, the successor to the supervisorial member shall be elected at the next general district election.
Any supervisor serving as a district board member when an election is held pursuant to this section shall remain in office until the election and qualification of his successor.
Any district electing to call a special election pursuant to the provisions of this section shall reimburse any local government for any costs incurred by such local government by reason of the provisions of this section.
(Added by Stats. 1973, Ch. 531.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 3 - General Administrative Provisions › Section 13035.1.

13035.1. The number of directors elected by voters in the district at the first general district election held after January 1, 1998, shall be equal to the number of directors whose terms have expired by the date of that election. Any director whose term has not expired by the date of that election shall continue to serve until the person’s term of office expires and the person’s successor has been elected by the voters in the district. At the first general district election held after January 1, 1998, and at all subsequent general district elections, the form of the ballot and the conduct of the election shall comply with the requirements of the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) governing resident voting elections.
(Added by Stats. 1997, Ch. 140, Sec. 3. Effective January 1, 1998.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 3 - General Administrative Provisions › Section 13041.

13041. (a) Any compensation provided pursuant to this section shall comply with Articles 2.3 (commencing with Section 53232) and 2.4 (commencing with Section 53234) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code.
(b) The district board may authorize each director to receive compensation not exceeding twenty-five dollars ($25) for each meeting of the board attended by the director within the State of California, not exceeding two meetings in any calendar month, plus reimbursement for actual and necessary expenses incurred in the performance of these duties.
(c) The district board may authorize a director to receive for performing duties for the district other than attending board meetings:
(1) Not to exceed twenty-five dollars ($25) for each day, but payment is limited to five days in any calendar month as to each director other than the president.
(2) Actual and necessary expenses incurred in the performance of these duties.
(d) The secretary shall receive compensation set by the board, which compensation shall be in lieu of any other compensation to which the secretary may be entitled for attendance at meetings pursuant to this section.
(Amended by Stats. 2009, Ch. 332, Sec. 79. (SB 113) Effective January 1, 2010.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 4 - Elections › Section 13050.

13050. After the authorization of a district board by the board of supervisors, a general district election shall be held on the first Tuesday after the first Monday in November in odd-numbered years, commencing with the first odd-numbered year following the formation of the district board.
(Amended by Stats. 1966, 1st Ex. Sess., Ch. 16.)
2023 California Code › Public Resources Code - PRC › DIVISION 11 - RESORT IMPROVEMENT DISTRICTS › CHAPTER 4 - Elections › Section 13060.

13060. In the first district board election the two candidates receiving the highest number of votes shall be elected for four years, the candidates which are elected receiving the third and fourth highest number of votes shall be elected for two years. After the first district board election the term of office of all district board members, except for the supervisorial member, shall be four years, or until the election or appointment and qualification of his successor.
(Added by Stats. 1961, Ch. 2069.)