SECTIONS 31000-31017 - California Statutes

PUBLIC RESOURCES CODE

SECTION 31000-31017

31000. Unless the context otherwise requires, the definitions in
this chapter govern the construction of this division.

31001. "Certified local coastal plan or program" means any plan or
program or land use plan of a local program adopted by the commission
pursuant to Chapter 6 (commencing with Section 30500) of Division
20.

31002. "Conservancy" means the State Coastal Conservancy.

31004. "Commission" means the California Coastal Commission
established under Chapter 4 (commencing with Section 30300) of
Division 20.

31005. "Bay commission" means the San Francisco Bay Conservation
and Development Commission, established under Title 7.2 (commencing
with Section 66600) of the Government Code.

31006. (a) "Coastal zone" means that area of the state as defined
in Section 30103. Only for purposes of conservancy action in San
Francisco Bay, the "coastal zone" also includes areas that are within
the permit jurisdiction of the bay commission, as described in
Section 66610 of the Government Code, with the exception of Contra
Costa County lands from the Richmond-San Rafael Bridge north and east
to the termination of the bay commission boundary, except as
provided in subdivision (b), as well as any uplands, wetlands,
marshes, diked lands, and other watershed lands that significantly
affect the environmental quality of the bay or are directly related
to the public's use and enjoyment of the bay, and other watershed
lands within the nine counties adjacent to the bay that have waters
that flow directly into the bay or the ocean.
(b) Notwithstanding subdivision (a), with respect to lands within
Contra Costa County that are included within the permit jurisdiction
of the bay commission, as described in Section 66610 of the
Government Code, or that consist of any uplands, wetlands, marshes,
diked lands, or other watershed lands that significantly affect the
environmental quality of the bay or are directly related to the
public's use and enjoyment of the bay, the local public agency having
jurisdiction over any such lands may formally request conservancy
action by resolution.

31007. "Coastal restoration project" means an action taken by a
public agency, including the conservancy, or a nonprofit
organization, to correct undesirable development patterns in the
coastal zone.

31008. "Coastal resource enhancement project" means an action taken
by a public agency, including the conservancy, or a nonprofit
organization, to restore, as nearly as possible, degraded natural
areas to their original condition or to enhance the resource values
of a coastal zone.

31009. "Department" means the Department of Parks and Recreation.

31010. "Local public agency" includes, but is not limited to, a
city, county, city and county, district, association of governments,
or joint powers agency.

31011. Any funds received by the department pursuant to this
division shall be deposited in the State Parks and Recreation Fund.
Unless otherwise provided in this division, any funds received by the
conservancy pursuant to this division shall be deposited in the
State Coastal Conservancy Fund. The conservancy and the Controller
shall establish separate accounts within the State Coastal
Conservancy Fund for the purpose of separating deposits into the fund
according to their origin.

31012. (a) The Coastal Trust Fund is hereby established in the
State Treasury, to receive and disburse funds paid to the conservancy
in trust, subject to the right of recovery to fulfill the purposes
of the trust, as provided in this section.
(b) (1) There is in the Coastal Trust Fund the San Francisco Bay
Area Conservancy Program Account, which shall be expended solely for
the purposes of Chapter 4.5 (commencing with Section 31160).
(2) The conservancy shall deposit in the San Francisco Bay Area
Conservancy Program Account all funds received by the conservancy for
the purposes of the San Francisco Bay Area Conservancy Program
established under Chapter 4.5 (commencing with Section 31160), from
sources other than the state or federal government and not provided
for in subdivision (a) of Section 31164. These funds include, but are
not limited to, private donations, fees, penalties, and local
government contributions.
(c) (1) There is in the Coastal Trust Fund the Coastal Program
Account. Funds in the Coastal Program Account shall be expended
solely for their specified trust purposes.
(2) Upon approval of the Department of Finance, the conservancy
shall deposit in the Coastal Program Account all funds paid to the
conservancy in trust for purposes of this division, except those
funds identified in paragraph (2) of subdivision (b). The funds that
shall be deposited in the Coastal Program Account, upon that
approval, include, but are not limited to, funds that are paid to the
conservancy in trust for purposes of mitigation, for settlement of
litigation, instead of other conditions of coastal development
permits or other regulatory entitlements, or for other trust purposes
consistent with this division and specified by the terms of a gift
or contract. Funds in the Coastal Program Account shall be separately
accounted for according to their source and trust purpose. Funds may
not be deposited in the Coastal Program Account without the
Department of Finance's approval.
(d) Interest that accrues on funds in the Coastal Trust Fund shall
be retained in the Coastal Trust Fund and available for expenditure
by the conservancy for the trust purposes.
(e) The conservancy shall maintain separate accountings of funds
within the Coastal Trust Fund, pursuant to its fiduciary duties, for
the purpose of separating deposits and interest on those deposits,
according to their trust purposes.
(f) Notwithstanding Section 13340 of the Government Code, all
funds in the Coastal Trust Fund are continuously appropriated,
without regard to fiscal year, to the conservancy to fulfill the
trust purposes for which the payments of funds were made.
(g) The conservancy shall provide an annual accounting to the
Department of Finance of the conservancy's expenditures from, and
other activities related to, the Coastal Trust Fund.

31013. "Nonprofit organization" means any private, nonprofit
organization, that qualifies under Section 501(c)(3) of the United
States Internal Revenue Code, and whose purposes are consistent with
this division.

31014. "Bay plan" means the San Francisco Bay Plan as adopted by
the bay commission.

31015. "Suisun Marsh Protection Plan" means the plan approved as
provided in Division 19 (commencing with Section 29000).

31016. "Local plan" means any land use plan of a local public
agency, port district, regional park or open-space district, or
recreation and park district whose jurisdiction is included, in whole
or in part, within the jurisdiction of the conservancy within San
Francisco Bay in the areas described in Section 31006.

31017. "Public agency" includes, but is not limited to, local
public agencies, state agencies, federal agencies, colleges and
universities, intergovernmental bodies, and federally recognized
Indian tribes.