SECTIONS 32360-32381 - California Statutes

PUBLIC RESOURCES CODE

SECTION 32360-32381

32360. (a) Except as specified in Section 32360.5, the jurisdiction
and activities of the conservancy are limited to the Delta and
Suisun Marsh.
(b) (1) The Sacramento-San Joaquin Delta Conservancy Fund is
hereby created in the State Treasury. Moneys in the fund shall be
available, upon appropriation by the Legislature, only for the
purposes of this division.
(2) Funds provided for ecosystem restoration and enhancement shall
be available for ecosystem restoration projects consistent with the
conservancy's strategic plan adopted pursuant to Section 32376.
(3) Funds may be allocated to a separate program within the
conservancy for economic sustainability in the Delta. The economic
sustainability plan adopted pursuant to Section 29759 shall be the
basis for the program. Funds provided to the conservancy to implement
ecosystem restoration projects pursuant to the Bay Delta
Conservation Plan shall only be used for ecosystem restoration
purposes.

32360.5. In furtherance of the conservancy's role in implementing
the Delta Plan, the conservancy may take or fund an action outside
the Delta and Suisun Marsh if the board makes all of the following
findings:
(a) The project implements the ecosystem goals of the Delta Plan.
(b) The project is consistent with the requirements of any
applicable state and federal permits.
(c) The conservancy has given notice to and reviewed any comments
received from affected local jurisdictions and the Delta Protection
Commission.
(d) The conservancy has given notice to and reviewed any comments
received from any state conservancy where the project is located.
(e) The project will provide significant benefits to the Delta.

32362. The conservancy may engage in partnerships with nonprofit
organizations, local public agencies, and landowners.

32363. In implementing this division, the conservancy shall
cooperate and consult with the city or county in which a grant is
proposed to be expended or an interest in real property is proposed
to be acquired, and shall, as necessary or appropriate, coordinate
its efforts with other state agencies, in cooperation with the
Secretary of the Natural Resources Agency. The conservancy shall, as
necessary or appropriate, cooperate and consult with a public water
system, levee, flood control, or drainage agency that owns or
operates facilities, including lands appurtenant thereto, where a
grant is proposed to be expended or an interest in land is proposed
to be acquired.

32364. (a) The conservancy may require a grantee to enter into an
agreement with the conservancy on terms and conditions specified by
the conservancy.
(b) The conservancy may require a cost-share or local funding
requirement for a grant. The conservancy may make that cost-share or
local funding requirement contingent upon the total amount of funding
available, the fiscal resources of the applicant, or urgency of the
project. The conservancy may waive cost-share requirements.
(c) The conservancy may fund or award grants for plans and
feasibility studies consistent with its strategic plan or the Delta
Plan.
(d) The conservancy may seek repayment or reimbursement of funds
granted on terms and conditions it deems appropriate. The proceeds of
repayment shall be deposited in the fund.
(e) The conservancy may require any funds that exceed the costs of
eligible or approved projects or of acquisition to be returned to
the conservancy, to be available for expenditure when appropriated by
the Legislature.

32364.5. (a) The conservancy may provide grants and loans to state
agencies, local public agencies, and nonprofit organizations to
further the goals of the conservancy.
(b) An entity applying for a grant from the conservancy to acquire
an interest in real property shall specify all of the following in
the grant application:
(1) The intended use of the property.
(2) The manner in which the land will be managed.
(3) How the cost of ongoing operations, maintenance, and
management will be provided, including an analysis of the maintaining
entity's financial capacity to support those ongoing costs.
(4) Grantees shall demonstrate, where applicable, how they will
provide payments in lieu of taxes, assessments, or charges otherwise
due to local government.

32365. The conservancy may sue and be sued.

32366. (a) The conservancy may acquire from willing sellers or
transferors interests in real property and improve, lease, or
transfer interests in real property, in order to carry out the
purposes of this division.
(b) The conservancy shall use conservation easements to accomplish
ecosystem restoration whenever feasible.

32368. The conservancy may enter into an agreement with a public
agency, nonprofit organization, or private entity for the
construction, management, or maintenance of facilities authorized by
the conservancy.

32370. The conservancy shall not exercise the power of eminent
domain.

32372. (a) The conservancy may pursue and accept funds from various
sources, including, but not limited to, federal, state, and local
funds or grants, gifts, donations, bequests, devises, subventions,
grants, rents, royalties, or other assistance and funds from public
and private sources.
(b) The conservancy may accept fees levied by others.
(c) The conservancy may create and manage endowments.
(d) All funds received by the conservancy shall be deposited in
the fund for expenditure for the purposes of this division.

32376. Within two years of hiring an executive officer, the board
shall prepare and adopt a strategic plan to achieve the goals of the
conservancy. The plan shall describe its interaction with local,
regional, state, and federal land use, recreation, water and flood
management, and habitat conservation and protection efforts within
and adjacent to the Delta. The strategic plan shall establish
priorities and criteria for projects and programs, based upon an
assessment of program requirements, institutional capabilities, and
funding needs throughout the Delta. The strategic plan shall be
consistent with the Delta Plan, the Delta Protection Commission's
resources management plan, the Central Valley Flood Protection Plan,
the Suisun Marsh Preservation Act of 1977 (Division 19 (commencing
with Section 29000)), and the Habitat Management, Preservation and
Restoration Plan for the Suisun Marsh.

32378. (a) The conservancy may expend funds and award grants and
loans to facilitate collaborative planning efforts and to develop
projects and programs that are designed to further the purposes of
this division.
(b) The conservancy may provide and make available technical
information, expertise, and other nonfinancial assistance to public
agencies, nonprofit organizations, and tribal organizations, to
support program and project development and implementation.

32380. The conservancy may acquire water or water rights to support
the goals of the conservancy.

32381. This division does not grant to the conservancy any of the
following:
(a) The power of a city or county to regulate land use.
(b) The power to regulate any activities on land, except as the
owner of an interest in the land, or pursuant to an agreement with,
or a license or grant of management authority from, the owner of an
interest in the land.
(c) The power over water rights held by others.