reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 2 - Notice and Hearing › Section 26569.

26569. Notice of the hearing on short notice set pursuant to Section 26568.3 shall be as follows:
(a) Published notice shall be made pursuant to Section 6061 of the Government Code and shall be completed at least 10 days prior to the date of the hearing. Published notice shall include a copy of the petition described in Section 26568. 2.
(b) Mailed notice shall be sent by first-class mail, with return receipt requested, and postmarked not less than 10 days preceding the date of the public hearing. A copy of the petition described in Section 26568.2 shall be attached to the notice.
(Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 2 - Notice and Hearing › Section 26569.1.

26569.1. At any time no later than the time set for hearing, any owner of real property within the proposed district may file with the clerk, a written protest to the formation of the district. A written protest shall contain a description of the land by lot, tract, and map number and shall be signed by the owner.
(Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 2 - Notice and Hearing › Section 26569.2.

26569.2. At the time set for hearing objections, the legislative body shall be presented with all objections made pursuant to Section 26568.1.
(Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 2 - Notice and Hearing › Section 26569.3.

26569.3. If it appears at the hearing that the owners of more than one-third of the real property to be included within the proposed district object to the formation thereof, the proceedings for the formation of the district shall be abandoned.
(Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 2 - Notice and Hearing › Section 26569.4.

26569.4. If a protest by the owners of more than one-third of the real property to be included in the district has not been filed, the legislative body may adopt a resolution ordering the improvements and the formation of the assessment district. If the legislative body proposes to levy an assessment, the notice, protest, and hearing procedures shall comply with Section 53753 of the Government Code.
(Amended by Stats. 2000, Ch. 262, Sec. 32. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 3 - Nature of the District › Section 26569.5.

26569.5. A district formed under this chapter shall be comprised of an area within a local agency that is specially benefited by, and is subject to a special assessment to pay the cost of, an improvement. The district is not an entity separate and distinct from the local agency within which it is formed.
(Amended by Stats. 2006, Ch. 538, Sec. 582. Effective January 1, 2007.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 3 - Nature of the District › Section 26569.6.

26569.6. The legislative body shall appoint itself to act as board of directors of the district.
(Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 2.5 - Emergency Formation › ARTICLE 3 - Nature of the District › Section 26569.7.

26569.7. This chapter is applicable only in a city or county which has adopted an ordinance providing that the chapter is applicable in its jurisdiction.
(Added by Stats. 1984, Ch. 555, Sec. 2. Effective July 18, 1984.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 1 - Nature of the District › Section 26570.

26570. A district is a political subdivision of the state. A district is not an agency or instrumentality of a local agency.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 1 - Nature of the District › Section 26571.

26571. A district is comprised of an area specially benefited by and subject to special assessment to pay the cost of an improvement. While a district performs certain governmental and proprietary functions as a political subdivision of the state, it is not a special district within the meaning of Section 56036 of the Government Code.
(Amended by Stats. 1985, Ch. 1599, Sec. 29.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 2 - Powers of a District › Section 26574.

26574. A district may do all of the following:
(a) Sue and be sued.
(b) Make, amend, and repeal bylaws.
(c) Have a seal.
(d) Exercise all powers necessary or incidental to carry out the purposes of this division.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 2 - Powers of a District › Section 26576.

26576. Within the territorial limits of the district, or for the purposes set forth in this division, a district may acquire real property or any interest therein by eminent domain.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 2 - Powers of a District › Section 26577.

26577. A district may purchase, lease, obtain an option upon, acquire by gift, grant, bequest, or devise, or otherwise acquire any property or any interest in property.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 2 - Powers of a District › Section 26578.

26578. A district may sell, lease, exchange, assign, encumber, or otherwise dispose of property or any interest in property.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 2 - Powers of a District › Section 26579.

26579. The district may enter into contracts and agreements with the United States, any state or local unit of government, public agency, including any other geologic hazard abatement district or public district, private organization, or any person in furtherance of the purposes of the division.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 2 - Powers of a District › Section 26580.

26580. The district may:
(a) Acquire, construct, operate, manage, or maintain improvements on public or private lands. Such improvements shall be with the consent of the owner, unless effected by the exercise of eminent domain pursuant to Section 26576.
(b) Accept such improvements undertaken by anyone.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 2 - Powers of a District › Section 26580.1.

26580.1. The district may make improvements to existing public or private structures where the board of directors determines that it is in the public interest to do so.
(Added by Stats. 1980, Ch. 771, Sec. 4.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 2 - Powers of a District › Section 26581.

26581. At any time following the adoption of the resolution pursuant to Section 26567, the board of directors may proceed to annex territory to the district. The proceedings for annexation shall follow the procedure contained in Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561) of Chapter 2 of this division. In such instance, the board of directors shall assume the responsibilities of the legislative body. Annexation of territory to a district shall be subject to the approval of the legislative body which ordered formation of the district. Such approval shall be given by resolution, following the order by the board of directors for annexation of territory to the district.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 3 - Meetings › Section 26582.

26582. (a) A district shall keep a record of the proceedings of its meetings. A district is subject to the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Government Code).
(b) A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
(Amended by Stats. 2005, Ch. 158, Sec. 31. Effective January 1, 2006.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 4 - Officers › Section 26583.

26583. Following the four-year term of the initially appointed board of directors formed pursuant to Section 26567 and composed of owners of real property within the district, the board of directors shall be composed of five elected directors. The term of office of directors shall be four years. The expiration of the term of any director shall not constitute a vacancy and he or she shall hold office until his or her successor has qualified. Elections shall be called and conducted, and the results canvassed, returned, and declared pursuant to the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code). This section shall not apply to a district where the legislative body has appointed itself as the board of directors.
(Amended by Stats. 1994, Ch. 923, Sec. 177. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 3 - Nature and Powers of the District › ARTICLE 4 - Officers › Section 26586.

26586. The board of directors may appoint other officers of the district and delegate thereto such powers of the district as may be appropriate in the circumstances.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 4 - Finances › ARTICLE 1 - Improvement Act of 9; Municipal Improvement Act of 93; Improvement Bond Act of 95 › Section 26587.

26587. A district may use the Improvement Act of 1911 (commencing with Section 5000 of the Streets and Highways Code) or the Municipal Improvement Act of 1913 (commencing with Section 10000 of the Streets and Highways Code) or the Improvement Bond Act of 1915 (commencing with Section 8500 of the Streets and Highways Code) to pay the costs of an improvement pursuant to this division.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 4 - Finances › ARTICLE 1 - Improvement Act of 9; Municipal Improvement Act of 93; Improvement Bond Act of 95 › Section 26588.

26588. The powers and duties conferred by the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 on the various boards, officers, and agents of cities shall be exercised by the corresponding boards, officers, and agents of the district.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 4 - Finances › ARTICLE 1 - Improvement Act of 9; Municipal Improvement Act of 93; Improvement Bond Act of 95 › Section 26589.

26589. In the application of the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 to proceedings instituted by a district, the terms used in the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 have the following meanings:
(a) “City council” or “council” or “legislative body” means the board of directors of the district.
(b) “Municipality” or “city” means the district.
(c) “Clerk” or “city clerk” means the clerk of the district.
(d) “Superintendent of streets,” “street superintendent,” or “city engineer” means any person appointed by the board to perform or effect an improvement.
(e) “Tax collector” means the county tax collector.
(f) “Treasurer” or “city treasurer” means the treasurer of the district.
(g) “Mayor” means the board of directors or an officer of the district to whom such powers and duties are delegated by the board of directors.
(h) “Right-of-way” means any parcel of land in, on, under, or through which a right-of-way or easement has been granted to the district for the purpose of performing or effecting an improvement.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 4 - Finances › ARTICLE 1 - Improvement Act of 9; Municipal Improvement Act of 93; Improvement Bond Act of 95 › Section 26590.

26590. Any certificates or documents required by the Improvement Act of 1911 or the Municipal Improvement Act of 1913 or the Improvement Bond Act of 1915 to be filed or recorded in the office of the superintendent of streets or street superintendent shall be filed or recorded in the office of the clerk of the district.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 4 - Finances › ARTICLE 2 - Financial Assistance › Section 26591.

26591. A district may accept financial or other assistance from any public or private source and may expend any funds so accepted for any of the purposes of this division.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 4 - Finances › ARTICLE 2 - Financial Assistance › Section 26592.

26592. Contributions by a local agency, the state, or any instrumentality or political subdivision thereof, are hereby declared to be for a public purpose.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 4 - Finances › ARTICLE 2 - Financial Assistance › Section 26593.

26593. A district may borrow money from or otherwise incur an indebtedness to a local agency, the state, any instrumentality or political subdivision thereof, the federal government, or any private source, and may comply with any conditions imposed upon the incurring of that indebtedness.
(Amended by Stats. 2000, Ch. 506, Sec. 35. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 4 - Finances › ARTICLE 2 - Financial Assistance › Section 26595.

26595. A district may reimburse the local agency for all or any part of the cost and expenses incurred by the local agency in formation of the district.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 5 - Improvements › Section 26601.

26601. Improvement caused to be undertaken pursuant to this division, and all activities in furtherance thereof or in connection therewith, shall be deemed to be specific actions necessary to prevent or mitigate an emergency within the meaning of paragraph (4) of subdivision (b) of Section 21080.
(Added by Stats. 1979, Ch. 1118.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 6 - Maintenance › Section 26650.

26650. A district may levy and collect assessments pursuant to this chapter to pay for the cost and expenses of the maintenance and operation of any improvements acquired or constructed pursuant to this division.
(Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 6 - Maintenance › Section 26651.

26651. The board of directors shall adopt a resolution declaring its intention to order that the cost and expenses of maintaining and operating an improvement acquired or constructed pursuant to this division shall be assessed against the property within the district benefited thereby. The resolution shall contain both of the following:
(a) A report prepared by an officer of the district which sets forth the yearly estimated budget, the proposed estimated assessments to be levied each year against each parcel of property, and a description of the method used in formulating the estimated assessments.
(b) The time, date, and place for the hearing of protests to the proposed assessments.
(Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 6 - Maintenance › Section 26652.

26652. The board of directors shall cause a notice of the adoption of the resolution described in Section 26651 to be mailed by first class mail to each owner of real property within the district as shown on the last equalized assessment roll of the county. The notice shall be mailed not less than 14 days prior to the date set for the hearing and shall contain all of the following:
(a) A statement that the board of directors has adopted the resolution.
(b) The time, date, and place set forth in the resolution for the hearing of protests on the proposed assessments.
(c) A statement of the total yearly estimated budget for the maintenance and operation of the improvements.
(d) A statement that the report described in Section 26651 is available for inspection at the office of the district.
(e) The name and telephone number of a person designated by the board of directors to answer inquiries regarding the proposed assessment.
(Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 6 - Maintenance › Section 26653.

26653. At the hearing, the board of directors shall hear and consider all protests. At the conclusion of the hearing, the board of directors may adopt, revise, change, reduce, or modify any assessment and shall make its determination upon each assessment described in the report. Thereafter, by resolution, the board of directors may confirm the assessments and order the levy and collection thereof.
(Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 6 - Maintenance › Section 26653.5.

26653.5. If assessments are proposed to increase from the maximum amount levied in any previous year, the board of directors shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code with respect to that increase.
(Added by Stats. 2000, Ch. 262, Sec. 33. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 17 - GEOLOGIC HAZARD ABATEMENT DISTRICTS › CHAPTER 6 - Maintenance › Section 26654.

26654. Following the order by resolution of the levy and collection of assessments by the board of directors, the clerk shall cause to be recorded a notice of assessment, as provided for in Section 3114 of the Streets and Highways Code, whereupon the assessment shall attach as a lien upon the property, as provided in Section 3115 of the Streets and Highways Code.
Thereafter, the clerk shall collect the assessments as directed by the board of directors, or, in lieu of collection by the clerk, the board of directors may provide that the assessments are payable at the same time and in the same manner as general taxes on real property are payable.
A district board of directors shall reimburse the city or county, as the case may be, for any cost incurred pursuant to this section.
(Added by Stats. 1983, Ch. 687, Sec. 2. Effective September 11, 1983.)
2023 California Code › Public Resources Code - PRC › DIVISION 18 - MORRO BAY MANAGEMENT PLAN › Section 28001.

28001. It is the intent of the Legislature in enacting this division to do all of the following:
(a) Recognize the importance of preserving and enhancing Morro Bay and its watershed as one of the state’s rare natural treasures.
(b) Recognize the importance of commercial enterprises in and around Morro Bay to the economic and employment base of the area.
(c) Authorize the development of a management plan for Morro Bay and its watershed that will protect its natural attributes in balance with the maintenance and enhancement of human activity and enterprise in the bay and its watershed.
(d) Provide a basis for public agencies which have jurisdiction over parts of, or over activities within, the bay and its watershed, to carry out the management plan.
(e) Encourage federal agencies and nongovernmental groups to support the accomplishment of these purposes.
(f) Provide for continuing current legal uses in the bay and its watershed.
(Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 18 - MORRO BAY MANAGEMENT PLAN › Section 28002.

28002. For purposes of this division, the following terms have the following meanings:
(a) “Agency” means the California Environmental Protection Agency.
(b) “Bay” means Morro Bay and its watershed.
(c) “Plan” means the Morro Bay management plan developed pursuant to this division.
(d) “State Estuary” means a saltwater bay or body of water and its watershed within the state where freshwater streams enter, that supports beneficial human uses and wildlife and merits high-priority action for preservation.
(Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 18 - MORRO BAY MANAGEMENT PLAN › Section 28003.

28003. Morro Bay and San Diego Bay are each hereby designated a State Estuary. Morro Bay and its watershed are hereby designated a State Estuary planning area.
(Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 18 - MORRO BAY MANAGEMENT PLAN › Section 28004.

28004. (a) (1) The agency shall convene the Morro Bay Management Plan Task Force to develop the plan. The Central Coast Regional Water Quality Control Board shall be utilized to carry out necessary administrative functions, including selecting a temporary chairperson of the task force, until such time as the task force establishes its own organization, leadership, and procedures. The task force shall meet at least four times each calendar year. The task force shall submit the plan to the San Luis Obispo County Board of Supervisors and to the Morro Bay City Council for approval. Following that approval, the task force shall, on or before July 1, 1997, submit the plan to the Legislature.
(2) On and after July 1, 1997, the task force shall, on an ongoing basis, make recommendations to the agency regarding the need for any revisions in the plan.
(3) The task force shall terminate as of June 30, 2007.
(b) The agency shall encourage all local, state, and federal agencies with jurisdiction over parts of, or activities within, the bay and its watershed to participate in the task force. The agency shall also encourage the participation of all interested business and agricultural groups, commercial organizations, environmental groups, and any other interested groups or individuals.
(1) Participating agencies may include, but are not limited to, the agency, the National Guard, the Department of Parks and Recreation, the Department of Fish and Game, the Department of Corrections, the State Department of Health Services, the California Coastal Commission, the State Water Resources Control Board, the Central Coast Regional Water Quality Control Board, the Coastal San Luis Resource Conservation District, the State Coastal Conservancy, the California Conservation Corps, California Polytechnic State University San Luis Obispo, the University of California Agricultural Extension, the County of San Luis Obispo, and the City of Morro Bay.
(2) Other participants may include, but are not limited to, the Pacific Gas and Electric Company, agricultural groups, commercial fishing, mariculture, and fish processing groups, local chambers of commerce, and members of the tourist industry.
(3) The costs incurred by each voluntary participant in the task force shall be limited to the costs of its own participation at the meetings called by the chairperson of the task force.
(Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 18 - MORRO BAY MANAGEMENT PLAN › Section 28005.

28005. The plan shall include provisions for the protection and enhancement of every aspect of the health of the bay. Proposed actions and projects for those purposes shall have target dates for completion and provisions for participation by state and local agencies in those actions and projects. The plan shall identify research that is needed to make future decisions in revising the plan.
(Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 18 - MORRO BAY MANAGEMENT PLAN › Section 28006.

28006. This division does not provide any funds to carry out the plan. However, state, local, and federal agencies are hereby encouraged to allocate funds to carry out the plan. Private foundations, businesses, and nonprofit corporations are urged to donate funds to achieve the objectives of the plan.
(Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 18 - MORRO BAY MANAGEMENT PLAN › Section 28007.

28007. At two-year intervals after the plan is submitted to the Legislature, the agency shall call a task force meeting to evaluate the effectiveness of the plan and to make any necessary revisions in the plan. The revisions shall be subject to the same approval process as the original plan.
(Added by Stats. 1994, Ch. 52, Sec. 1. Effective January 1, 1995.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29002.

29002. The Legislature hereby finds and declares that the Suisun Marsh, consisting of approximately 55,000 acres of marshland and 30,000 acres of bays and sloughs, and comprising almost 10 percent of the remaining natural wetlands in California, plays an important role in providing wintering habitat for waterfowl of the Pacific Flyway; that during years of drought the area becomes particularly important to waterfowl by virtue of its large expanse of aquatic habitat and the scarcity of such habitat elsewhere; that the area provides critical habitat for other wildlife forms, including such endangered, rare, or unique species as the peregrine falcon, white-tailed kite, golden eagle, California clapper rail, black rail, salt-marsh harvest mouse, and Suisun shrew; that the existence of this wide variety of wildlife is due to the relatively large expanse of unbroken native habitat and the diversity of vegetation and acquatic conditions that prevail in the marsh; that man is an integral part of the present marsh ecosystem and, to a significant extent, exercises control over the widespread presence of water and the abundant source of waterfowl foods; that the Suisun Marsh represents a unique and irreplaceable resource to the people of the state and nation; that future residential, commercial, and industrial developments could adversely affect the wildlife value of the area; and that it is the policy of the state to preserve and protect resources of this nature for the enjoyment of the current and succeeding generations.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29003.

29003. The Legislature further finds and declares that, in order to preserve the integrity and assure continued wildlife use of the Suisun Marsh, including the preservation of its waterfowl-carrying capacity and retention of the diversity of its flora and fauna, there is a need for all of the following:
(a)  Provisions for establishment and maintenance of adequate water quality.
(b) Improvement of present water management practices, including drainage and other water control facilities within the Suisun Marsh.
(c) Establishment of criteria for the production of valuable waterfowl food plants.
(d) Provisions for future supplemental water supplies and related facilities to assure that adequate water quality will be achieved within the wetland areas.
(e) Development and implementation of plans and policies to protect the marsh from degradation by excessive human use.
(f) Definition and establishment of a buffer area consisting of upland areas that have high wildlife values themselves and also contribute to the integrity and continued wildlife use of the wetlands within the marsh.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29004.

29004. The Legislature further finds and declares as follows:
(a) That the San Francisco Bay Conservation and Development Commission and the Department of Fish and Game, pursuant to the Nejedly-Bagley-Z’berg Suisun Marsh Preservation Act of 1974 (former Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code), have made a detailed study of the Suisun Marsh; that there has been extensive participation by other governmental agencies, private interests, and the general public in the study; and that, based on the study, the commission has prepared the Suisun Marsh Protection Plan for the orderly and long-range conservation, use, and management of the natural, scenic, recreational, and manmade resources of the marsh.
(b) That the Suisun Marsh Protection Plan contains a series of recommendations which require implementation by the Legislature; and, accordingly, these recommendations are implemented in the manner provided in this division.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29005.

29005. The Legislature further finds and declares as follows:
(a) That, to achieve maximum responsiveness to local conditions, public accountability, and public accessibility, it is necessary to rely heavily on local government and local land use planning procedures and enforcement.
(b) That, to ensure maximum state and federal conformity with the provisions of this division; to protect regional, state, and national interests in assuring the maintenance of the long-term productivity of the Suisun Marsh; to avoid long-term costs to the public and a diminished quality of life resulting from the misuse of the marsh; to coordinate and integrate the activities of the many agencies whose activities impact the marsh; and to supplement the activities of such agencies in matters not properly within the jurisdiction of any existing agency; it is appropriate to provide for continued state planning and management through the San Francisco Bay Conservation and Development Commission, which since 1965 has exercised jurisdiction over a substantial portion of the Suisun Marsh pursuant to Title 7.2 (commencing with Section 66600) of the Government Code.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29006.

29006. No provision of this division is a limitation on any of the following:
(a) On the power of a city, county, or district, except as otherwise limited by state law, to adopt and enforce regulations, in addition to, and not in conflict with, the requirements of this division, imposing further conditions, restrictions, or limitations with respect to any land or water use or other activity that might adversely affect the resources of the marsh.
(b) On the power of any city, county, or district to declare, prohibit, and abate nuisances.
(c) On the power of the Attorney General to bring an action in the name of the people of the state on his own motion or at the request of any state agency having standing under provisions of law other than this division, to enjoin any waste or pollution of the marsh or any nuisance.
(d) On the right of any person to maintain an appropriate action for relief against a private nuisance or any other private relief.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29007.

29007. The Legislature further finds and declares that the public has a right to participate fully in governmental decisions affecting planning, conservation, and development of the Suisun Marsh; that achievement of sound protection of the marsh is dependent upon public understanding and support; and that continuing planning and implementation of programs for marsh protection should include the opportunity for public participation.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29008.

29008. The Legislature further finds and declares that the Suisun Marsh Protection Plan is a more specific application of the general, regional policies of the San Francisco Bay Plan prepared and administered by the San Francisco Bay Conservation and Development Commission pursuant to Title 7.2 (commencing with Section 66600) of the Government Code, and is an appropriate supplement to those policies because of the unique characteristics of the Suisun Marsh. Therefore, the Legislature declares that the appropriate policies of both the San Francisco Bay Plan and the Suisun Marsh Protection Plan shall apply within any area that is within the commission’s jurisdiction, as defined in Section 66610 of the Government Code, and that is also within the marsh, as defined in Section 29101 of this code, except where the San Francisco Bay Plan and the Suisun Marsh Protection Plan may conflict. If a conflict occurs in a specific instance, the policies of the Suisun Marsh Protection Plan shall control.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29009.

29009. The Legislature further finds and declares that land within or adjacent to the Suisun Marsh should be acquired for public use or resource management, or both, and facilities suitable for such purposes should be constructed thereon, if the land meets one or more of the following criteria:
(a) It is suitable for passive recreational purposes such as fishing and nature observation and is located in the outer portions of the marsh near population centers or existing transportation routes, such as State Highway Route 12.
(b) It is suitable for the purpose of restoring areas to tidal action or to marsh or managed-wetland conditions and such restoration cannot be required as a condition of private development.
(c) It is suitable for providing additional wildlife habitat necessary to effective wildlife management, including consolidation of management units and improved public hunting opportunities. Acquisitions within this category should avoid privately owned property already managed as wildlife habitat unless offered for sale to the state.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29010.

29010. (a) The Legislature further finds that:
(1) The Suisun Marsh is located where the saltwater of the Pacific Ocean and the freshwater of the Sacramento and San Joaquin River Delta meet and mix; and because of its location, the marsh provides a transition zone between salt- and fresh-water habitats, creating a unique diversity of fish and wildlife habitats.
(2) Water quality in the marsh is dependent on the salinity of the water in sloughs of the marsh, which depends in turn on the amount of freshwater flowing in from the delta.
(3) Numerous upstream storage facilities, together with diversions of water from the delta and tributary streams of the delta, have substantially reduced the amount of freshwater flowing into the marsh from the delta.
(4) Further substantial diversions are planned, and these diversions will have adverse impacts in the marsh through increased salinity intrusion unless adequate mitigation measures are taken.
(5) Possible mitigation measures, including the development of other sources of freshwater for the marsh, have been under study by a variety of state and federal agencies.
(6) Protection of the marsh from salinity intrusion, particularly protection through the development of alternative sources of freshwater for the marsh, cannot be considered independently of other issues relating to the management of California’s water resources, and discussions are now underway among various agencies of the state and federal governments to resolve such issues.
(b) The Legislature, therefore, declares that it expects any resolution of these issues, whether by written agreement, federal legislation, state legislation, or any combination thereof, will protect the marsh from the adverse impacts of salinity intrusion and from any other significant adverse impacts.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29011.

29011. The Legislature further finds and declares that the Suisun Marsh is a fragile ecological system and that, in order to protect wildlife, many areas of the marsh should not be subject to extensive human intrusion. Highest priority, therefore, should be given to developing and maintaining opportunities for public access on lands currently in, or in the future to be in, public ownership.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29013.

29013. The Legislature hereby finds and declares that this division is not intended to authorize, and shall not be construed as authorizing, the commission or local government acting pursuant to this division, to exercise their powers to grant or deny a permit in a manner which will take or damage private property for public use, without the payment of just compensation therefor. This section is not intended to increase or decrease the rights of any owner of property under the Constitution of the State of California or of the United States.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 1 - General Provisions › Section 29014.

29014. The Legislature finds and declares it is not its intent in enacting this division to grant the commission any authority over any development outside the Suisun Marsh, except as expressly authorized in Chapter 3 (commencing with Section 29200) and in Chapter 5 (commencing with Section 29400). Except as provided in Chapter 3 (commencing with Section 29200), neither the provisions of this division nor of the Suisun Marsh Protection Plan shall apply to any permit, development, or any other action or project which occurs outside of the marsh prior to the approval of the local protection program and its certification by the commission, as provided in Article 2 (commencing with Section 29410) of Chapter 5.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 2 - Definitions › Section 29101.

29101. “Suisun Marsh” or “marsh” means water-covered areas, tidal marsh, diked-off wetlands, seasonal marshes, lowland grasslands, upland grasslands, and cultivated lands specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division. It includes both the primary and secondary management areas as shown on the Suisun Marsh Protection Plan Map and includes the entire right-of-way of any state highway that is designated as a portion of the boundary of the marsh.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 2 - Definitions › Section 29101.5.

29101.5. Notwithstanding Section 29101, “Suisun Marsh” does not include the real property described as follows:
Beginning at a point in the easterly line of Section 32, T5N R1W, M.D.B. & M., said point being the northeast corner of the lands now or formerly of J.B. Lemon; thence along the north line of said lands of Lemon S 88° 15´ W 840 feet to the north line of the Pacific Gas and Electric Company Tower Line; thence along said Tower Line N 38° 10´ W 350 feet to an angle point; thence S 83° 00´ W 2,020 feet; thence leaving said Tower Line N 42° W 450 feet; thence N 55° W 700 feet; thence N 75° W 540 feet; thence S 73° W 910 feet to the easterly line of Section 31, T5N, R1W, M.D.B. & M.; thence along said line N 1° 30´ W 1,060 feet to a point 915.00 feet, measured at right angles, south of the south right-of-way line of State Highway Route 12; thence parallel with said State Highway N 89° 30´ W 3,840 feet to the easterly line of Grizzly Island Road; thence along said easterly line N 2° 30´ W 981 feet to the northerly right-of-way line of State Highway Route 12; thence along said line S 89° 30´ E 3,825 feet to said easterly line of Section 31; thence continuing along said northerly line in an easterly and southeasterly direction to said easterly line of said Section 32; thence along said easterly line southerly to the point of beginning.
(Added by Stats. 1982, Ch. 1571, Sec. 5. Conditionally operative as prescribed by Sec. 6 of Ch. 1571.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 2 - Definitions › Section 29102.

29102. “Primary management area” means water-covered areas, tidal marsh, diked-off wetlands, seasonal marsh, and lowland grassland specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 2 - Definitions › Section 29103.

29103. “Secondary management area” means the upland grasslands, cultivated lands, and low-lying areas adjacent to the primary management area specified on the map identified in Section 16 of that chapter of the Statutes of the 1977–78 Regular Session enacting this division.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 2 - Definitions › Section 29104.

29104. “Watershed” means the immediate watershed of the marsh upland from the secondary management area and located in the County of Solano, including those creeks, streams, channels, or other water areas in the County of Solano that are tributary to, or flow into, the marsh. “Creeks, streams, channels, or other water areas” includes areas that are riparian thereto.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 2 - Definitions › Section 29105.

29105. “Managed wetland” means those diked areas in the marsh in which water inflow and outflow is artificially controlled or in which waterfowl food plants are cultivated, or both, to enhance habitat conditions for waterfowl and other water-associated birds, wildlife, or fish, regardless of whether such areas are used for hunting or fishing or nonconsumptive uses such as nature study, photography, and similar passive wildlife activities, or a combination of both such consumptive and nonconsumptive uses.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 2 - Definitions › Section 29110.

29110. “District” means any public agency, other than a local government, formed pursuant to general law or special act for the local performance of governmental or proprietary functions within limited boundaries. “District” includes, but is not limited to, a county service area, a maintenance district or area, an improvement district or improvement zone, a mosquito abatement district, a resource conservation district, an irrigation district, a reclamation district, a sanitary or sewer district, or any other zone or area, formed for the purpose of designating an area within which either an assessment or a property tax rate will be levied to pay for a service or improvement benefiting that area or a special function will be carried out within that area.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 2 - Definitions › Section 29111.

29111. “Local protection program” means those provisions of general or specific plans; ordinances; zoning district maps; land use regulations, procedures, or controls; or any other programs, procedures, standards, or controls that are adopted, undertaken, or carried out by local governments, districts, or the Solano County Local Agency Formation Commission in and adjacent to the marsh, are submitted by the county to the commission pursuant to Chapter 5 (commencing with Section 29400), and meet the requirements of, and implement, this division and the Suisun Marsh Protection Plan at the local level.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 2 - Definitions › Section 29112.

29112. “Local protection program component” or “component” means a part of the local protection program that is prepared by or submitted to the county pursuant to Section 29411 or prepared by the Suisun Resource Conservation District pursuant to Section 29412.5 for inclusion in the local protection program.
(Added by Stats. 1977, Ch. 1155.)
2023 California Code › Public Resources Code - PRC › DIVISION 19 - SUISUN MARSH PRESERVATION › CHAPTER 2 - Definitions › Section 29113.

29113. (a) “Suisun Marsh Protection Plan” or “protection plan” means the Suisun Marsh Protection Plan prepared and adopted by the commission and submitted to the Governor and Legislature pursuant to former Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code. The protection plan includes the Suisun Marsh Protection Plan Map and the Suisun Marsh Protection Plan Natural Factors Map prepared as a part of such plan.
(b) “Protection plan policies” or “policies of the protection plan” means the policies set forth in Part II (pages 10 to 29, inclusive) of the protection plan.
(Added by Stats. 1977, Ch. 1155.)