SECTIONS 21190-21194 - California Statutes

PUBLIC RESOURCES CODE

SECTION 21190-21194

21190. There is in this state the California Environmental
Protection Program, which shall be concerned with the preservation
and protection of California's environment. In this connection, the
Legislature hereby finds and declares that, since the inception of
the program pursuant to the Marks-Badham Environmental Protection and
Research Act, the Department of Motor Vehicles has, in the course of
issuing environmental license plates, consistently informed
potential purchasers of those plates, by means of a detailed
brochure, of the manner in which the program functions, the
particular purposes for which revenues from the issuance of those
plates can lawfully be expended, and examples of particular projects
and programs that have been financed by those revenues. Therefore,
because of this representation by the Department of Motor Vehicles,
purchasers come to expect and rely that the moneys paid by them will
be expended only for those particular purposes, which results in an
obligation on the part of the state to expend the revenues only for
those particular purposes.
Accordingly, all funds expended pursuant to this division shall be
used only to support identifiable projects and programs of state
agencies, cities, cities and counties, counties, districts, the
University of California, private nonprofit environmental and land
acquisition organizations, and private research organizations which
have a clearly defined benefit to the people of the State of
California and which have one or more of the following purposes:
(a) The control and abatement of air pollution, including all
phases of research into the sources, dynamics, and effects of
environmental pollutants.
(b) The acquisition, preservation, restoration, or any combination
thereof, of natural areas or ecological reserves.
(c) Environmental education, including formal school programs and
informal public education programs. The State Department of Education
may administer moneys appropriated for these programs, but shall
distribute not less than 90 percent of moneys appropriated for the
purposes of this subdivision to fund environmental education programs
of school districts, other local schools, state agencies other than
the State Department of Education, and community organizations. Not
more than 10 percent of the moneys appropriated for environmental
education may be used for State Department of Education programs or
defraying administrative costs.
(d) Protection of nongame species and threatened and endangered
plants and animals.
(e) Protection, enhancement, and restoration of fish and wildlife
habitat and related water quality, including review of the potential
impact of development activities and land use changes on that
habitat.
(f) The purchase, on an opportunity basis, of real property
consisting of sensitive natural areas for the state park system and
for local and regional parks.
(g) Reduction or minimization of the effects of soil erosion and
the discharge of sediment into the waters of the Lake Tahoe region,
including the restoration of disturbed wetlands and stream
environment zones, through projects by the California Tahoe
Conservancy and grants to local public agencies, state agencies,
federal agencies, and nonprofit organizations.

21190.5. (a) In addition to, and in furtherance of, the purposes
specified in subdivisions (a), (b), (d), and (e) of Section 21190,
money in the California Environmental License Plate Fund may be
expended, upon appropriation by the Legislature, pursuant to the
California Ocean Protection Act (Division 26.5 (commencing with
Section 35500)).
(b) This section shall become operative only if the California
Ocean Protection Act is enacted during the 2003-04 Regular Session.

21191. (a) The California Environmental License Plate Fund, which
supersedes the California Environmental Protection Program Fund, is
continued in existence in the State Treasury, and consists of the
moneys deposited in the fund pursuant to any provision of law. The
Legislature shall establish the amount of fees for environmental
license plates, which shall be not less than forty-eight dollars
($48) for the issuance or thirty-eight dollars ($38) for the renewal
of an environmental license plate.
(b) The Controller shall transfer from the California
Environmental License Plate Fund to the Motor Vehicle Account in the
State Transportation Fund the amount appropriated by the Legislature
for the reimbursement of costs incurred by the Department of Motor
Vehicles in performing its duties pursuant to Sections 5004, 5004.5,
and 5022 and Article 8.5 (commencing with Section 5100) of Chapter 1
of Division 3 of the Vehicle Code. The reimbursement from the
California Environmental License Plate Fund shall only include those
additional costs which are directly attributable to any additional
duties or special handling necessary for the issuance, renewal, or
retention of the environmental license plates.
(c) The Controller shall transfer to the post fund of the Veterans'
Home of California, established pursuant to Section 1047 of the
Military and Veterans Code, all revenue derived from the issuance of
prisoner of war special license plates pursuant to Section 5101.5 of
the Vehicle Code less the administrative costs of the Department of
Motor Vehicles in that regard.
(d) The Director of Motor Vehicles shall certify the amounts of
the administrative costs of the Department of Motor Vehicles in
subdivision (c) to the Controller.
(e) The balance of the moneys in the California Environmental
License Plate Fund shall be available for expenditure only for the
exclusive trust purposes specified in Section 21190, upon
appropriation by the Legislature. However, all moneys derived from
the issuance of commemorative 1984 Olympic reflectorized license
plates in the California Environmental License Plate Fund shall be
used only for capital outlay purposes.
(f) All proposed appropriations for the program shall be
summarized in a section in the Governor's Budget for each fiscal year
and shall bear the caption "California Environmental Protection
Program." The section shall contain a separate description of each
project for which an appropriation is made. All of these
appropriations shall be made to the department performing the project
and accounted for separately.
(g) The budget the Governor presents to the Legislature pursuant
to subdivision (a) of Section 12 of Article IV of the California
Constitution shall include, as proposed appropriations for the
California Environmental Protection Program, only projects and
programs recommended for funding by the Secretary of the Natural
Resources Agency pursuant to subdivision (a) of Section 21193. The
Secretary of the Natural Resources Agency shall consult with the
Secretary for Environmental Protection before making any
recommendations to fund projects pursuant to subdivision (a) of
Section 21190.

21192. The funds provided for in subdivision (c) of Section 21191
may be used in a manner which will allow the state to qualify for any
funds which may be available from any source for the purpose of
carrying out the provisions of this division.

21193. (a) The program established by this division shall be
administered by the Secretary of the Resources Agency.
(b) On or before November 1 of each year, the secretary shall
forward those projects and programs recommended for funding to the
Governor for inclusion in the Governor's Budget, together with a
statement of the purpose of each project and program, the benefits to
be realized, and the secretary's comments thereon.
(c) The section of the Governor's Budget for the California
Environmental Protection Program shall include a display of
expenditures that includes a statement of the purpose and benefits to
be realized for each project or program proposed for funding.

21193.5. Concurrently with the submittal of the Governor's Budget
for the 2006-07 fiscal year and every third fiscal year thereafter,
the Secretary of the Resources Agency shall report to the Governor
and the Legislature on how the particular mix of funding sources,
from the California Environmental License Plate Fund and other funds,
is appropriate for each project or program in relationship to the
benefits realized from the project or program.

21194. Notwithstanding any other provision of law, any funds
appropriated from the California Environmental License Plate Fund for
the construction of a visitor center at Buena Vista Lagoon may be
used to reimburse the City of Oceanside for any funds that the city
has advanced for that project construction.