SECTIONS 75070-75079 - California Statutes

PUBLIC RESOURCES CODE

SECTION 75070-75079

75070. Every proposed activity or project to be financed pursuant
to this division shall be in compliance with the California
Environmental Quality Act, Division 13 (commencing with Section
21000).

75070.4. Acquisitions of real property pursuant to Chapters 5, 6,
7, 8, and 9 shall be from willing sellers.

75070.5. Not more than 5% of the funds allocated to any program in
this division may be used to pay the costs incurred in the
administration of that program.

75071. In evaluating potential projects that include acquisition or
restoration for the purpose of natural resource protection, the
Department of Parks and Recreation, the board, and the State Coastal
Conservancy shall give priority to projects that demonstrate one or
more of the following characteristics:
(a) Landscape/Habitat Linkages: properties that link to, or
contribute to linking, existing protected areas with other large
blocks of protected habitat. Linkages must serve to connect existing
protected areas, facilitate wildlife movement or botanical transfer,
and result in sustainable combined acreage.
(b) Watershed Protection: projects that contribute to long-term
protection of and improvement to the water and biological quality of
the streams, aquifers, and terrestrial resources of priority
watersheds of the major biological regions of the state as identified
by the Resources Agency.
(c) Properties that support relatively large areas of
under-protected major habitat types.
(d) Properties that provide habitat linkages between two or more
major biological regions of the state.
(e) Properties for which there is a non-state matching
contribution toward the acquisition, restoration, stewardship or
management costs. Matching contributions can be either monetary or in
the form of services, including volunteer services.
(f) At least fourteen days before approving an acquisition project
funded by this division, an agency subject to this section shall
submit to the Resources Agency and post on its website an explanation
as to whether and how the proposed acquisition meets criteria
established in this section.

75071.5. The Department of Parks and Recreation, the board, and the
State Coastal Conservancy shall work with the United States
Department of Defense to coordinate the development of buffer areas
around military facilities that facilitate the continued operation of
those facilities and promote the conservation and recreation goals
of the state. To the extent consistent with this division, agencies
may provide funding to support projects that meet the purposes of
this section.

75072. Up to 10 percent of funds allocated for each program funded
by this division may be used to finance planning and monitoring
necessary for the successful design, selection, and implementation of
the projects authorized under that program. This provision shall not
otherwise restrict funds ordinarily used by an agency for
"preliminary plans," "working drawings," and "construction" as
defined in the Annual Budget Act for a capital outlay project or
grant project. Water quality monitoring shall be integrated into the
Surface Water Ambient Monitoring Program administered by the state
board.

75072.5. For the purposes of Section 75060 (e), "Monterey Bay and
its watersheds" shall be considered to be watersheds of those rivers
and streams in Santa Cruz and Monterey Counties flowing to the
Monterey Bay southward to, and including, the Carmel River watershed.

75072.6. For purposes of Section 75060 (f), "San Diego Bay and
adjacent watersheds" includes the coastal and bay watersheds within
San Diego County.

75072.7. For purposes of Section 75060 (d), "Santa Monica Bay and
watershed" includes the coastal and bay watersheds in Ventura and Los
Angeles Counties from Calleguas Creek southward to the San Gabriel
River.

75073. Funds scheduled in Chapter 5, 6, 7 and 8 of this division
that are not designated for competitive grant programs may also be
used for the purposes of reimbursing the General Fund, pursuant to
the Natural Heritage Preservation Tax Credit Act of 2000 (Division 28
(commencing with Section 37000)).

75074. In enacting Chapters 5, 6, 7 and 8 of this division it is
the intent of the people that when a project or program is funded
herein, funds for such program or project may be used to the full
extent authorized by the statute governing the program or conservancy
receiving such funds.

75075. The body awarding any contract for a public works project
financed in any part from funds made available pursuant to this
division shall adopt and enforce, or contract with a third party to
enforce, a labor compliance program pursuant to subdivision (b) of
Labor Code Section 1771.5 for application to that public works
project.

75076. 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 program guidelines and selection criteria
adopted pursuant to this division.

75077. Funds provided pursuant to this division, and any
appropriation or transfer of those funds, shall not be deemed to be a
transfer of funds for the purposes of Chapter 9 (commencing with
Section 2780) of Division 3 of the Fish and Game Code.

75078. The Secretary shall provide for an independent audit of
expenditures pursuant to this division to ensure that all moneys are
expended in accordance with the requirements of this division. The
secretary shall publish a list of all program and project
expenditures pursuant to this division not less than annually, in
written form, and shall post an electronic form of the list on the
Resources Agency's Internet Website.

75079. The Secretary shall appoint a citizen advisory committee to
review the annual audit and to identify and recommend actions to
ensure that the intent and purposes of this division are met by the
agencies responsible for implementation of this division.