31100. There is in the Resources Agency the State Coastal
Conservancy, consisting of the following seven members:
(a) The chairperson of the commission.
(b) The Secretary of the Resources Agency.
(c) The Director of Finance.
(d) Four members of the public, of which two shall be appointed by
the Governor, one shall be appointed by the Senate Committee on
Rules, and one shall be appointed by the Speaker of the Assembly. Of
the members appointed by the Governor, not more than one may be an
elected official of a local government, and the official shall have
been elected to an office in a local government whose territory is
located wholly or partially in the coastal zone.
Except for members appointed pursuant to subdivision (d), the
members of the conservancy may designate one of their employees to
serve on the conservancy in their absence.
31100.5. Three Members of the Senate, appointed by the Senate Rules
Committee, and three Members of the Assembly, appointed by the
Speaker of the Assembly, shall meet with the conservancy and
participate in its activities to the extent that such participation
is not incompatible with their respective positions as Members of the
Legislature.
31101. (a) The members appointed under subdivisions (a) and (d) of
Section 31100 shall serve for a term of four years. However, if a
member is appointed under subdivision (d) by reason of his or her
status as a locally elected official, his or her membership shall
cease 60 days after his or her term of office as a locally elected
official ceases, and the Governor may appoint another person to
complete the remainder of his or her term. Any person appointed under
subdivision (d) of Section 31100 shall not be disqualified for
membership and may complete his or her term in the event he or she is
elected to a local office after his or her appointment.
(b) Members appointed under subdivisions (a) and (d) of Section
31100 shall be compensated for attendance at regular meetings of the
conservancy at the rate of one hundred dollars ($100) per day, and
shall be reimbursed for the actual and necessary expenses, including
traveling expenses, incurred in the performance of their duties.
31102. The Secretary of the Natural Resources Agency shall select
one of the public members to serve as the chair of the conservancy.
The public member shall serve as chair at the pleasure of the
secretary. A majority of the total authorized membership of the
conservancy shall constitute a quorum for the transaction of any
business under this division. The conservancy shall adopt its own
regulations.
31103. The conservancy shall determine the qualifications of, and
it shall appoint and fix the salary of, the executive officer of the
conservancy, who shall be exempt from civil service, and shall
appoint such other staff as may be necessary to carry out the powers
and functions set forth in this division. To the maximum extent
possible, the conservancy shall utilize the staff of the commission
for purposes of planning and project evaluation, and the staff of the
Real Estate Services Division of the Department of General Services
in carrying out acquisition, leasing, disposal, and other real
property transactions authorized under this division.
31104. The conservancy may apply for and accept federal grants and
receive gifts, donations, subventions, rents, royalties, and other
financial support from public and private sources.
31104.1. The conservancy shall serve as a repository for lands
whose reservation is required to meet the policies and objectives of
the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000)), a certified local coastal plan or program, or the
San Francisco Bay Plan as implemented by the San Francisco Bay
Conservation and Development Commission pursuant to Title 7.2
(commencing with Section 66600) of the Government Code. Pursuant to
that authority, the conservancy may accept dedication of fee title,
easements, development rights, or other interests in lands, including
interests required to provide public access to recreation and
resources areas in the coastal zone.
31104.2. The conservancy is the designated agency in the state for
planning and coordinating federal surplus land sales in the coastal
zone.
31104.3. On an annual basis or as may be required, the executive
officer of the conservancy shall report to the Director of General
Services regarding privately owned properties within the conservancy'
s jurisdiction which have special significance and which might
appropriately be the subject of trades for lands owned by the state
for the purposes of preserving natural resources and moderating the
impacts of regulation with the coastal zone. A particular property
shall be included in any report only upon agreement of the owner.
For purposes of this section, "special significance" means having
importance because of the land's value for (1) public access, (2)
public recreation, (3) wetlands, riparian, or other natural habitat,
(4) open space, or (5) agricultural use.
31105. The conservancy is authorized to acquire, pursuant to the
Property Acquisition Law (Part 11 (commencing with Section 15850),
Division 3, Title 2 of the Government Code) real property or any
interests therein for all of the purposes specified in this division.
31106. The State Public Works Board may, pursuant to Section 31105,
use the power of eminent domain for the purposes specified in this
division.
31107. Notwithstanding other provisions of law, the Director of
General Services, when so requested by the conservancy, shall lease,
rent, sell, exchange, or otherwise transfer any land, interest
therein, or option acquired pursuant to this division, pursuant to an
implementation plan approved by the conservancy. Leases entered into
pursuant to the provisions of this division shall not provide for a
period longer than 10 years. Proceeds from any such lease, rental,
sale, exchange, or transfer of land, interest therein, or option
thereon, shall be deposited with the conservancy and shall be
available for expenditure when appropriated by the Legislature for
the purpose of funding the programs specified in this division.
31107.1. The Department of General Services and the conservancy
shall jointly develop and implement appropriate procedures to ensure
that land acquisition, leasing, options to purchase, land disposal,
and other property transactions undertaken in accordance with the
provisions of this division are carried out efficiently and equitably
and with proper notice to the public.
31108. Commencing on January 2, 1980, and every third year
thereafter, the conservancy shall prepare and submit to the Governor
and to the Legislature a report describing progress in achieving the
objectives of this division. The report shall include the following:
(a) An evaluation of the effectiveness of the conservancy's
programs in preserving agricultural lands, restoring coastal habitat,
providing public access to the coastline, and in undertaking other
functions prescribed in this division.
(b) Identification of additional funding, legislation, or other
resources required to more effectively carry out the objectives of
this division.
(c) A discussion of its progress in addressing the goals, priority
areas, and concerns referenced in subdivision (a) of Section 31163,
including, but not limited to, any funds that are received or
disbursed for purposes related to addressing those goals, priority
areas, and concerns.
31108.5. The conservancy shall not expend any fees received
pursuant to Section 30526, except to restore, replace, or improve
resources or ecological systems in a manner that is consistent with
the certified local coastal program of the local public agency in
whose jurisdiction the development is located, or in whose
jurisdiction the site of the mitigation project is to be located, as
the case may be, and only after full consultation and consent of that
local public agency.
31109. Where certification of a local coastal plan or program is
required under this division as a condition of action by the
conservancy, the conservancy may take such action, including the
funding of projects prior to certification, when the action is
identified in a local issue identification and work program which has
been approved by the California Coastal Commission. However, in
undertaking actions prior to certification of a local coastal plan or
program, the conservancy shall follow other applicable project
review and approval requirements set forth in this division.
31111. In implementing this division, the conservancy may fund and
undertake plans and feasibility studies, and may award grants to
public agencies and nonprofit organizations for these purposes.
31112. With respect to its publications, the conservancy may accept
subscriptions and nonpolitical advertising, and proceeds from them.
All proceeds shall be deposited into the State Coastal Conservancy
Fund and be available for expenditure upon appropriation by the
Legislature.
31115. When a state agency that owns or manages land or water areas
within the coastal zone has identified sensitive resource values and
locations and types of development pursuant to Section 30525, and
when the commission has certified that acquisition of less than fee
title in land or water areas within the coastal zone is consistent
with the provisions of Division 20 (commencing with Section 30000)
and is necessary to ensure protection of sensitive resource values,
the conservancy may award a grant or grants to such state agency for
the purpose of acquisition of less than fee title in such land or
water areas pursuant to the Property Acquisition Law (commencing with
Section 15850 of the Government Code). Grants made pursuant to this
section may not be used as a method of acquisition of land or water
areas that are intended to be an integral part of a public land
holding.
31115.5. Notwithstanding any other provision of law, the
conservancy may undertake projects in the City of San Juan Capistrano
pursuant to Chapter 4 (commencing with Section 31150) and Chapter 8
(commencing with Section 31350).
31116. (a) Funds may be granted to a nonprofit organization under
this division if the nonprofit organization enters into an agreement
with the conservancy, on such terms and conditions as the conservancy
specifies.
(b) In the case of a grant for land acquisition, the agreement
shall provide all of the following:
(1) The purchase price of any interest in land acquired by the
nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.
(2) The conservancy shall approve the terms under which the
interest in land is acquired.
(3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for any debt to be incurred
by the nonprofit organization unless the conservancy approves the
transaction.
(4) The transfer of land acquired pursuant to a conservancy grant
shall be subject to the approval of the conservancy and a new
agreement sufficient to protect the interest of the people of
California shall be entered into with the transferee.
(5) If any essential term or condition is violated, title to all
interest in real property acquired with state funds shall immediately
vest in the state.
(6) If the existence of the nonprofit organization is terminated
for any reason, title to all interest in real property acquired with
state funds shall immediately vest in the state unless another
appropriate public agency or nonprofit organization is identified by
the conservancy and agrees to accept title to all interests in real
property.
Any deed or other instrument of conveyance whereby real property
is being acquired by a nonprofit organization pursuant to this
section shall set forth the reversionary interest of the state.
(c) The conservancy shall also require an agreement sufficient to
protect the public interest in any improvement or development
constructed under a grant to a nonprofit organization for improvement
and development of a project under this division. The agreement
shall particularly describe any real property which is subject to the
agreement, and it shall be recorded by the conservancy in the county
in which the real property is located.
(d) Any funds collected from a nonprofit organization pursuant to
an agreement regarding a grant shall be deposited in the Nonprofit
Organization Land Trust Account, which is hereby created, in the
State Coastal Conservancy Fund.
31117. Notwithstanding any provision of this division, the
executive officer shall submit any plan or project proposed to be
carried out pursuant to this division within the coastal zone portion
of the Santa Monica Mountains Zone, as defined in Section 33105, to
the Santa Monica Mountains Conservancy for review at least 60 days
prior to approval by the State Coastal Conservancy. If the Santa
Monica Mountains Conservancy has not, within 60 days from the date of
submission, acted to disapprove the proposed plan or project on the
grounds that the plan or project is in conflict with or jeopardizes
an approved acquisition or improvement or a proposed acquisition or
improvement identified in the adopted Santa Monica Mountains
Conservancy workprogram, the plan or project may proceed pursuant to
this division.
31118. The conservancy may seek repayments of funds granted
pursuant to this division on terms and conditions as it deems
appropriate to carry out the provisions of this division.
31119. (a) (1) The conservancy may undertake educational projects
and programs for pupils in kindergarten to grade 12, inclusive,
relating to the preservation, protection, enhancement, and
maintenance of coastal resources, and may award grants to nonprofit
organizations, educational institutions, and public agencies for
those purposes, subject to the limitations contained in subdivision
(b).
(2) An educational grant program established pursuant to paragraph
(1) shall comply with all of the following:
(A) Funds provided for the educational program may be used for
planning and implementation or development of marine science
education programs.
(B) An educational program shall meet State Board of Education
adopted content standards.
(C) The conservancy may consult with the Superintendent of Public
Instruction prior to awarding grants pursuant to this section.
(D) A grant recipient shall use a portion of any funding provided
for an educational program to promote maximum participation of pupils
and schools, by providing scholarships or grants for this purpose.
(E) A nonprofit organization shall comply with all of the
following as a condition of receiving a grant:
(i) Document increased pupil participation in its educational
programs.
(ii) Provide outreach to low-income, underserved, and noncoastal
areas.
(iii) Maintain any data necessary for evaluation, as determined by
the conservancy.
(b) The conservancy is not required to take any action under
subdivision (a), unless and until new funds from sources not
currently available to the conservancy are made available by the
Legislature for the purposes described in subdivision (a). No more
than 10 percent of the funds provided for the educational programs
under subdivision (a) may be used for the costs of the conservancy in
administering the projects. No General Fund money may be used to
fund a grant awarded pursuant to subdivision (a) to a local public
educational agency or community college.
31120. In awarding grants to, or entering into agreements with, a
federally recognized Indian tribe, the conservancy shall recognize
and respect the limited sovereignty of the tribe.
31100. There is in the Resources Agency the State Coastal
Conservancy, consisting of the following seven members:
(a) The chairperson of the commission.
(b) The Secretary of the Resources Agency.
(c) The Director of Finance.
(d) Four members of the public, of which two shall be appointed by
the Governor, one shall be appointed by the Senate Committee on
Rules, and one shall be appointed by the Speaker of the Assembly. Of
the members appointed by the Governor, not more than one may be an
elected official of a local government, and the official shall have
been elected to an office in a local government whose territory is
located wholly or partially in the coastal zone.
Except for members appointed pursuant to subdivision (d), the
members of the conservancy may designate one of their employees to
serve on the conservancy in their absence.
31100.5. Three Members of the Senate, appointed by the Senate Rules
Committee, and three Members of the Assembly, appointed by the
Speaker of the Assembly, shall meet with the conservancy and
participate in its activities to the extent that such participation
is not incompatible with their respective positions as Members of the
Legislature.
31101. (a) The members appointed under subdivisions (a) and (d) of
Section 31100 shall serve for a term of four years. However, if a
member is appointed under subdivision (d) by reason of his or her
status as a locally elected official, his or her membership shall
cease 60 days after his or her term of office as a locally elected
official ceases, and the Governor may appoint another person to
complete the remainder of his or her term. Any person appointed under
subdivision (d) of Section 31100 shall not be disqualified for
membership and may complete his or her term in the event he or she is
elected to a local office after his or her appointment.
(b) Members appointed under subdivisions (a) and (d) of Section
31100 shall be compensated for attendance at regular meetings of the
conservancy at the rate of one hundred dollars ($100) per day, and
shall be reimbursed for the actual and necessary expenses, including
traveling expenses, incurred in the performance of their duties.
31102. The Secretary of the Natural Resources Agency shall select
one of the public members to serve as the chair of the conservancy.
The public member shall serve as chair at the pleasure of the
secretary. A majority of the total authorized membership of the
conservancy shall constitute a quorum for the transaction of any
business under this division. The conservancy shall adopt its own
regulations.
31103. The conservancy shall determine the qualifications of, and
it shall appoint and fix the salary of, the executive officer of the
conservancy, who shall be exempt from civil service, and shall
appoint such other staff as may be necessary to carry out the powers
and functions set forth in this division. To the maximum extent
possible, the conservancy shall utilize the staff of the commission
for purposes of planning and project evaluation, and the staff of the
Real Estate Services Division of the Department of General Services
in carrying out acquisition, leasing, disposal, and other real
property transactions authorized under this division.
31104. The conservancy may apply for and accept federal grants and
receive gifts, donations, subventions, rents, royalties, and other
financial support from public and private sources.
31104.1. The conservancy shall serve as a repository for lands
whose reservation is required to meet the policies and objectives of
the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000)), a certified local coastal plan or program, or the
San Francisco Bay Plan as implemented by the San Francisco Bay
Conservation and Development Commission pursuant to Title 7.2
(commencing with Section 66600) of the Government Code. Pursuant to
that authority, the conservancy may accept dedication of fee title,
easements, development rights, or other interests in lands, including
interests required to provide public access to recreation and
resources areas in the coastal zone.
31104.2. The conservancy is the designated agency in the state for
planning and coordinating federal surplus land sales in the coastal
zone.
31104.3. On an annual basis or as may be required, the executive
officer of the conservancy shall report to the Director of General
Services regarding privately owned properties within the conservancy'
s jurisdiction which have special significance and which might
appropriately be the subject of trades for lands owned by the state
for the purposes of preserving natural resources and moderating the
impacts of regulation with the coastal zone. A particular property
shall be included in any report only upon agreement of the owner.
For purposes of this section, "special significance" means having
importance because of the land's value for (1) public access, (2)
public recreation, (3) wetlands, riparian, or other natural habitat,
(4) open space, or (5) agricultural use.
31105. The conservancy is authorized to acquire, pursuant to the
Property Acquisition Law (Part 11 (commencing with Section 15850),
Division 3, Title 2 of the Government Code) real property or any
interests therein for all of the purposes specified in this division.
31106. The State Public Works Board may, pursuant to Section 31105,
use the power of eminent domain for the purposes specified in this
division.
31107. Notwithstanding other provisions of law, the Director of
General Services, when so requested by the conservancy, shall lease,
rent, sell, exchange, or otherwise transfer any land, interest
therein, or option acquired pursuant to this division, pursuant to an
implementation plan approved by the conservancy. Leases entered into
pursuant to the provisions of this division shall not provide for a
period longer than 10 years. Proceeds from any such lease, rental,
sale, exchange, or transfer of land, interest therein, or option
thereon, shall be deposited with the conservancy and shall be
available for expenditure when appropriated by the Legislature for
the purpose of funding the programs specified in this division.
31107.1. The Department of General Services and the conservancy
shall jointly develop and implement appropriate procedures to ensure
that land acquisition, leasing, options to purchase, land disposal,
and other property transactions undertaken in accordance with the
provisions of this division are carried out efficiently and equitably
and with proper notice to the public.
31108. Commencing on January 2, 1980, and every third year
thereafter, the conservancy shall prepare and submit to the Governor
and to the Legislature a report describing progress in achieving the
objectives of this division. The report shall include the following:
(a) An evaluation of the effectiveness of the conservancy's
programs in preserving agricultural lands, restoring coastal habitat,
providing public access to the coastline, and in undertaking other
functions prescribed in this division.
(b) Identification of additional funding, legislation, or other
resources required to more effectively carry out the objectives of
this division.
(c) A discussion of its progress in addressing the goals, priority
areas, and concerns referenced in subdivision (a) of Section 31163,
including, but not limited to, any funds that are received or
disbursed for purposes related to addressing those goals, priority
areas, and concerns.
31108.5. The conservancy shall not expend any fees received
pursuant to Section 30526, except to restore, replace, or improve
resources or ecological systems in a manner that is consistent with
the certified local coastal program of the local public agency in
whose jurisdiction the development is located, or in whose
jurisdiction the site of the mitigation project is to be located, as
the case may be, and only after full consultation and consent of that
local public agency.
31109. Where certification of a local coastal plan or program is
required under this division as a condition of action by the
conservancy, the conservancy may take such action, including the
funding of projects prior to certification, when the action is
identified in a local issue identification and work program which has
been approved by the California Coastal Commission. However, in
undertaking actions prior to certification of a local coastal plan or
program, the conservancy shall follow other applicable project
review and approval requirements set forth in this division.
31111. In implementing this division, the conservancy may fund and
undertake plans and feasibility studies, and may award grants to
public agencies and nonprofit organizations for these purposes.
31112. With respect to its publications, the conservancy may accept
subscriptions and nonpolitical advertising, and proceeds from them.
All proceeds shall be deposited into the State Coastal Conservancy
Fund and be available for expenditure upon appropriation by the
Legislature.
31115. When a state agency that owns or manages land or water areas
within the coastal zone has identified sensitive resource values and
locations and types of development pursuant to Section 30525, and
when the commission has certified that acquisition of less than fee
title in land or water areas within the coastal zone is consistent
with the provisions of Division 20 (commencing with Section 30000)
and is necessary to ensure protection of sensitive resource values,
the conservancy may award a grant or grants to such state agency for
the purpose of acquisition of less than fee title in such land or
water areas pursuant to the Property Acquisition Law (commencing with
Section 15850 of the Government Code). Grants made pursuant to this
section may not be used as a method of acquisition of land or water
areas that are intended to be an integral part of a public land
holding.
31115.5. Notwithstanding any other provision of law, the
conservancy may undertake projects in the City of San Juan Capistrano
pursuant to Chapter 4 (commencing with Section 31150) and Chapter 8
(commencing with Section 31350).
31116. (a) Funds may be granted to a nonprofit organization under
this division if the nonprofit organization enters into an agreement
with the conservancy, on such terms and conditions as the conservancy
specifies.
(b) In the case of a grant for land acquisition, the agreement
shall provide all of the following:
(1) The purchase price of any interest in land acquired by the
nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.
(2) The conservancy shall approve the terms under which the
interest in land is acquired.
(3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for any debt to be incurred
by the nonprofit organization unless the conservancy approves the
transaction.
(4) The transfer of land acquired pursuant to a conservancy grant
shall be subject to the approval of the conservancy and a new
agreement sufficient to protect the interest of the people of
California shall be entered into with the transferee.
(5) If any essential term or condition is violated, title to all
interest in real property acquired with state funds shall immediately
vest in the state.
(6) If the existence of the nonprofit organization is terminated
for any reason, title to all interest in real property acquired with
state funds shall immediately vest in the state unless another
appropriate public agency or nonprofit organization is identified by
the conservancy and agrees to accept title to all interests in real
property.
Any deed or other instrument of conveyance whereby real property
is being acquired by a nonprofit organization pursuant to this
section shall set forth the reversionary interest of the state.
(c) The conservancy shall also require an agreement sufficient to
protect the public interest in any improvement or development
constructed under a grant to a nonprofit organization for improvement
and development of a project under this division. The agreement
shall particularly describe any real property which is subject to the
agreement, and it shall be recorded by the conservancy in the county
in which the real property is located.
(d) Any funds collected from a nonprofit organization pursuant to
an agreement regarding a grant shall be deposited in the Nonprofit
Organization Land Trust Account, which is hereby created, in the
State Coastal Conservancy Fund.
31117. Notwithstanding any provision of this division, the
executive officer shall submit any plan or project proposed to be
carried out pursuant to this division within the coastal zone portion
of the Santa Monica Mountains Zone, as defined in Section 33105, to
the Santa Monica Mountains Conservancy for review at least 60 days
prior to approval by the State Coastal Conservancy. If the Santa
Monica Mountains Conservancy has not, within 60 days from the date of
submission, acted to disapprove the proposed plan or project on the
grounds that the plan or project is in conflict with or jeopardizes
an approved acquisition or improvement or a proposed acquisition or
improvement identified in the adopted Santa Monica Mountains
Conservancy workprogram, the plan or project may proceed pursuant to
this division.
31118. The conservancy may seek repayments of funds granted
pursuant to this division on terms and conditions as it deems
appropriate to carry out the provisions of this division.
31119. (a) (1) The conservancy may undertake educational projects
and programs for pupils in kindergarten to grade 12, inclusive,
relating to the preservation, protection, enhancement, and
maintenance of coastal resources, and may award grants to nonprofit
organizations, educational institutions, and public agencies for
those purposes, subject to the limitations contained in subdivision
(b).
(2) An educational grant program established pursuant to paragraph
(1) shall comply with all of the following:
(A) Funds provided for the educational program may be used for
planning and implementation or development of marine science
education programs.
(B) An educational program shall meet State Board of Education
adopted content standards.
(C) The conservancy may consult with the Superintendent of Public
Instruction prior to awarding grants pursuant to this section.
(D) A grant recipient shall use a portion of any funding provided
for an educational program to promote maximum participation of pupils
and schools, by providing scholarships or grants for this purpose.
(E) A nonprofit organization shall comply with all of the
following as a condition of receiving a grant:
(i) Document increased pupil participation in its educational
programs.
(ii) Provide outreach to low-income, underserved, and noncoastal
areas.
(iii) Maintain any data necessary for evaluation, as determined by
the conservancy.
(b) The conservancy is not required to take any action under
subdivision (a), unless and until new funds from sources not
currently available to the conservancy are made available by the
Legislature for the purposes described in subdivision (a). No more
than 10 percent of the funds provided for the educational programs
under subdivision (a) may be used for the costs of the conservancy in
administering the projects. No General Fund money may be used to
fund a grant awarded pursuant to subdivision (a) to a local public
educational agency or community college.
31120. In awarding grants to, or entering into agreements with, a
federally recognized Indian tribe, the conservancy shall recognize
and respect the limited sovereignty of the tribe.
31100. There is in the Resources Agency the State Coastal
Conservancy, consisting of the following seven members:
(a) The chairperson of the commission.
(b) The Secretary of the Resources Agency.
(c) The Director of Finance.
(d) Four members of the public, of which two shall be appointed by
the Governor, one shall be appointed by the Senate Committee on
Rules, and one shall be appointed by the Speaker of the Assembly. Of
the members appointed by the Governor, not more than one may be an
elected official of a local government, and the official shall have
been elected to an office in a local government whose territory is
located wholly or partially in the coastal zone.
Except for members appointed pursuant to subdivision (d), the
members of the conservancy may designate one of their employees to
serve on the conservancy in their absence.
31100.5. Three Members of the Senate, appointed by the Senate Rules
Committee, and three Members of the Assembly, appointed by the
Speaker of the Assembly, shall meet with the conservancy and
participate in its activities to the extent that such participation
is not incompatible with their respective positions as Members of the
Legislature.
31101. (a) The members appointed under subdivisions (a) and (d) of
Section 31100 shall serve for a term of four years. However, if a
member is appointed under subdivision (d) by reason of his or her
status as a locally elected official, his or her membership shall
cease 60 days after his or her term of office as a locally elected
official ceases, and the Governor may appoint another person to
complete the remainder of his or her term. Any person appointed under
subdivision (d) of Section 31100 shall not be disqualified for
membership and may complete his or her term in the event he or she is
elected to a local office after his or her appointment.
(b) Members appointed under subdivisions (a) and (d) of Section
31100 shall be compensated for attendance at regular meetings of the
conservancy at the rate of one hundred dollars ($100) per day, and
shall be reimbursed for the actual and necessary expenses, including
traveling expenses, incurred in the performance of their duties.
31102. The Secretary of the Natural Resources Agency shall select
one of the public members to serve as the chair of the conservancy.
The public member shall serve as chair at the pleasure of the
secretary. A majority of the total authorized membership of the
conservancy shall constitute a quorum for the transaction of any
business under this division. The conservancy shall adopt its own
regulations.
31103. The conservancy shall determine the qualifications of, and
it shall appoint and fix the salary of, the executive officer of the
conservancy, who shall be exempt from civil service, and shall
appoint such other staff as may be necessary to carry out the powers
and functions set forth in this division. To the maximum extent
possible, the conservancy shall utilize the staff of the commission
for purposes of planning and project evaluation, and the staff of the
Real Estate Services Division of the Department of General Services
in carrying out acquisition, leasing, disposal, and other real
property transactions authorized under this division.
31104. The conservancy may apply for and accept federal grants and
receive gifts, donations, subventions, rents, royalties, and other
financial support from public and private sources.
31104.1. The conservancy shall serve as a repository for lands
whose reservation is required to meet the policies and objectives of
the California Coastal Act of 1976 (Division 20 (commencing with
Section 30000)), a certified local coastal plan or program, or the
San Francisco Bay Plan as implemented by the San Francisco Bay
Conservation and Development Commission pursuant to Title 7.2
(commencing with Section 66600) of the Government Code. Pursuant to
that authority, the conservancy may accept dedication of fee title,
easements, development rights, or other interests in lands, including
interests required to provide public access to recreation and
resources areas in the coastal zone.
31104.2. The conservancy is the designated agency in the state for
planning and coordinating federal surplus land sales in the coastal
zone.
31104.3. On an annual basis or as may be required, the executive
officer of the conservancy shall report to the Director of General
Services regarding privately owned properties within the conservancy'
s jurisdiction which have special significance and which might
appropriately be the subject of trades for lands owned by the state
for the purposes of preserving natural resources and moderating the
impacts of regulation with the coastal zone. A particular property
shall be included in any report only upon agreement of the owner.
For purposes of this section, "special significance" means having
importance because of the land's value for (1) public access, (2)
public recreation, (3) wetlands, riparian, or other natural habitat,
(4) open space, or (5) agricultural use.
31105. The conservancy is authorized to acquire, pursuant to the
Property Acquisition Law (Part 11 (commencing with Section 15850),
Division 3, Title 2 of the Government Code) real property or any
interests therein for all of the purposes specified in this division.
31106. The State Public Works Board may, pursuant to Section 31105,
use the power of eminent domain for the purposes specified in this
division.
31107. Notwithstanding other provisions of law, the Director of
General Services, when so requested by the conservancy, shall lease,
rent, sell, exchange, or otherwise transfer any land, interest
therein, or option acquired pursuant to this division, pursuant to an
implementation plan approved by the conservancy. Leases entered into
pursuant to the provisions of this division shall not provide for a
period longer than 10 years. Proceeds from any such lease, rental,
sale, exchange, or transfer of land, interest therein, or option
thereon, shall be deposited with the conservancy and shall be
available for expenditure when appropriated by the Legislature for
the purpose of funding the programs specified in this division.
31107.1. The Department of General Services and the conservancy
shall jointly develop and implement appropriate procedures to ensure
that land acquisition, leasing, options to purchase, land disposal,
and other property transactions undertaken in accordance with the
provisions of this division are carried out efficiently and equitably
and with proper notice to the public.
31108. Commencing on January 2, 1980, and every third year
thereafter, the conservancy shall prepare and submit to the Governor
and to the Legislature a report describing progress in achieving the
objectives of this division. The report shall include the following:
(a) An evaluation of the effectiveness of the conservancy's
programs in preserving agricultural lands, restoring coastal habitat,
providing public access to the coastline, and in undertaking other
functions prescribed in this division.
(b) Identification of additional funding, legislation, or other
resources required to more effectively carry out the objectives of
this division.
(c) A discussion of its progress in addressing the goals, priority
areas, and concerns referenced in subdivision (a) of Section 31163,
including, but not limited to, any funds that are received or
disbursed for purposes related to addressing those goals, priority
areas, and concerns.
31108.5. The conservancy shall not expend any fees received
pursuant to Section 30526, except to restore, replace, or improve
resources or ecological systems in a manner that is consistent with
the certified local coastal program of the local public agency in
whose jurisdiction the development is located, or in whose
jurisdiction the site of the mitigation project is to be located, as
the case may be, and only after full consultation and consent of that
local public agency.
31109. Where certification of a local coastal plan or program is
required under this division as a condition of action by the
conservancy, the conservancy may take such action, including the
funding of projects prior to certification, when the action is
identified in a local issue identification and work program which has
been approved by the California Coastal Commission. However, in
undertaking actions prior to certification of a local coastal plan or
program, the conservancy shall follow other applicable project
review and approval requirements set forth in this division.
31111. In implementing this division, the conservancy may fund and
undertake plans and feasibility studies, and may award grants to
public agencies and nonprofit organizations for these purposes.
31112. With respect to its publications, the conservancy may accept
subscriptions and nonpolitical advertising, and proceeds from them.
All proceeds shall be deposited into the State Coastal Conservancy
Fund and be available for expenditure upon appropriation by the
Legislature.
31115. When a state agency that owns or manages land or water areas
within the coastal zone has identified sensitive resource values and
locations and types of development pursuant to Section 30525, and
when the commission has certified that acquisition of less than fee
title in land or water areas within the coastal zone is consistent
with the provisions of Division 20 (commencing with Section 30000)
and is necessary to ensure protection of sensitive resource values,
the conservancy may award a grant or grants to such state agency for
the purpose of acquisition of less than fee title in such land or
water areas pursuant to the Property Acquisition Law (commencing with
Section 15850 of the Government Code). Grants made pursuant to this
section may not be used as a method of acquisition of land or water
areas that are intended to be an integral part of a public land
holding.
31115.5. Notwithstanding any other provision of law, the
conservancy may undertake projects in the City of San Juan Capistrano
pursuant to Chapter 4 (commencing with Section 31150) and Chapter 8
(commencing with Section 31350).
31116. (a) Funds may be granted to a nonprofit organization under
this division if the nonprofit organization enters into an agreement
with the conservancy, on such terms and conditions as the conservancy
specifies.
(b) In the case of a grant for land acquisition, the agreement
shall provide all of the following:
(1) The purchase price of any interest in land acquired by the
nonprofit organization may not exceed fair market value as
established by an appraisal approved by the conservancy.
(2) The conservancy shall approve the terms under which the
interest in land is acquired.
(3) The interest in land acquired pursuant to a grant from the
conservancy may not be used as security for any debt to be incurred
by the nonprofit organization unless the conservancy approves the
transaction.
(4) The transfer of land acquired pursuant to a conservancy grant
shall be subject to the approval of the conservancy and a new
agreement sufficient to protect the interest of the people of
California shall be entered into with the transferee.
(5) If any essential term or condition is violated, title to all
interest in real property acquired with state funds shall immediately
vest in the state.
(6) If the existence of the nonprofit organization is terminated
for any reason, title to all interest in real property acquired with
state funds shall immediately vest in the state unless another
appropriate public agency or nonprofit organization is identified by
the conservancy and agrees to accept title to all interests in real
property.
Any deed or other instrument of conveyance whereby real property
is being acquired by a nonprofit organization pursuant to this
section shall set forth the reversionary interest of the state.
(c) The conservancy shall also require an agreement sufficient to
protect the public interest in any improvement or development
constructed under a grant to a nonprofit organization for improvement
and development of a project under this division. The agreement
shall particularly describe any real property which is subject to the
agreement, and it shall be recorded by the conservancy in the county
in which the real property is located.
(d) Any funds collected from a nonprofit organization pursuant to
an agreement regarding a grant shall be deposited in the Nonprofit
Organization Land Trust Account, which is hereby created, in the
State Coastal Conservancy Fund.
31117. Notwithstanding any provision of this division, the
executive officer shall submit any plan or project proposed to be
carried out pursuant to this division within the coastal zone portion
of the Santa Monica Mountains Zone, as defined in Section 33105, to
the Santa Monica Mountains Conservancy for review at least 60 days
prior to approval by the State Coastal Conservancy. If the Santa
Monica Mountains Conservancy has not, within 60 days from the date of
submission, acted to disapprove the proposed plan or project on the
grounds that the plan or project is in conflict with or jeopardizes
an approved acquisition or improvement or a proposed acquisition or
improvement identified in the adopted Santa Monica Mountains
Conservancy workprogram, the plan or project may proceed pursuant to
this division.
31118. The conservancy may seek repayments of funds granted
pursuant to this division on terms and conditions as it deems
appropriate to carry out the provisions of this division.
31119. (a) (1) The conservancy may undertake educational projects
and programs for pupils in kindergarten to grade 12, inclusive,
relating to the preservation, protection, enhancement, and
maintenance of coastal resources, and may award grants to nonprofit
organizations, educational institutions, and public agencies for
those purposes, subject to the limitations contained in subdivision
(b).
(2) An educational grant program established pursuant to paragraph
(1) shall comply with all of the following:
(A) Funds provided for the educational program may be used for
planning and implementation or development of marine science
education programs.
(B) An educational program shall meet State Board of Education
adopted content standards.
(C) The conservancy may consult with the Superintendent of Public
Instruction prior to awarding grants pursuant to this section.
(D) A grant recipient shall use a portion of any funding provided
for an educational program to promote maximum participation of pupils
and schools, by providing scholarships or grants for this purpose.
(E) A nonprofit organization shall comply with all of the
following as a condition of receiving a grant:
(i) Document increased pupil participation in its educational
programs.
(ii) Provide outreach to low-income, underserved, and noncoastal
areas.
(iii) Maintain any data necessary for evaluation, as determined by
the conservancy.
(b) The conservancy is not required to take any action under
subdivision (a), unless and until new funds from sources not
currently available to the conservancy are made available by the
Legislature for the purposes described in subdivision (a). No more
than 10 percent of the funds provided for the educational programs
under subdivision (a) may be used for the costs of the conservancy in
administering the projects. No General Fund money may be used to
fund a grant awarded pursuant to subdivision (a) to a local public
educational agency or community college.
31120. In awarding grants to, or entering into agreements with, a
federally recognized Indian tribe, the conservancy shall recognize
and respect the limited sovereignty of the tribe.
