BILL NUMBER: SB 1156 CHAPTERED 10/10/99 CHAPTER 639 FILED WITH SECRETARY OF STATE OCTOBER 10, 1999 APPROVED BY GOVERNOR OCTOBER 5, 1999 PASSED THE ASSEMBLY SEPTEMBER 7, 1999 PASSED THE SENATE MAY 17, 1999 INTRODUCED BY Senator Sher FEBRUARY 26, 1999 An act to amend Section 31164 of the Public Resources Code, relating to coastal resources, and making an appropriation therefor. LEGISLATIVE COUNSEL'S DIGEST SB 1156, Sher. San Francisco Bay Area Conservancy Program Account: appropriation. Existing law establishes the San Francisco Bay Area Conservancy Program administered by the State Coastal Conservancy, for the purpose of addressing specified resources and recreational goals for the San Francisco Bay Area in a coordinated, comprehensive, and effective way. Existing law creates the San Francisco Bay Area Conservancy Program Account in the State Coastal Conservancy Fund, for the purpose of depositing and disbursing funds for the administration and implementation of the program. Existing law requires that the money in the account be segregated into 2 subaccounts; the first of which is required to contain funds that are appropriated by the Legislature for the purposes of the program; the second of which contains funds that are derived from all other sources, exclusive of federal funds, including private donations, fees and penalties, and local government contributions, for the purposes of the program. This bill would require that the funds in the second subaccount be continuously appropriated to the State Coastal Conservancy, without regard to fiscal year, for expenditure for the purposes of the program, thereby making an appropriation. Appropriation: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 31164 of the Public Resources Code is amended to read: 31164. (a) The San Francisco Bay Area Conservancy Program Account is hereby created in the State Coastal Conservancy Fund, for the purpose of depositing and disbursing funds for the administration and implementation of the San Francisco Bay Area Conservancy Program. (b) (1) The money in the account created pursuant to subdivision (a) shall be segregated into two subaccounts, as follows: (A) The first subaccount shall contain funds that are appropriated by the Legislature for the purposes of this chapter. Any interest that accrues on the funds in this subaccount shall be transferred to, and deposited into, the General Fund. The conservancy shall account for all deposits or reimbursements of funds in this subaccount that are derived from funds that were appropriated by the Legislature for the purposes of this chapter. (B) The second subaccount shall contain funds that are derived from all other sources, exclusive of federal funds, for the purposes of this chapter, including, but not limited to, private donations, fees and penalties, and local government contributions. Any interest that accrues on the funds in this subaccount shall be retained in the subaccount and shall be available for expenditure by the conservancy for the purposes of this chapter. Not more than 3 percent of the funds that are deposited in this subaccount shall be utilized by the conservancy for general administration and planning purposes. No funds shall be expended from this subaccount for any activity that would legally require a commitment of state funds in the future. Notwithstanding Section 1334 of the Government Code, the funds in this subaccount are continuously appropriated, without regard to fiscal year, to the conservancy for expenditures for the purposes of this chapter. (2) All reimbursements, proceeds of sale, or other money received by the conservancy for the purposes of this chapter that are not expended on projects under the San Francisco Bay Area Conservancy Program shall be redeposited in the appropriate subaccount of the account. (c) The conservancy shall not be required to undertake any activities pursuant to this chapter until such time that funds from new sources of funding that are not currently available to the conservancy for those purposes are appropriated by the Legislature or otherwise deposited in the account, and until such time that any administrative or general planning funds expended by the conservancy for the purposes of this chapter prior to any such appropriations or deposits being available for expenditure by the conservancy are reimbursed to the State Coastal Conservancy Fund.