CAL. PRC. CODE § 37000 :
This division shall
be known and may be cited as the "Natural Heritage Preservation Tax Credit
Act of 2000."
The Legislature
finds and declares all of the following:
(a)The continued
economic development of
(b)The economic
development of
(c)Water allocation
decisions could be eased if water could be provided for fish, wildlife, and
aquatic and riparian habitat without objection by other water users.
(d)The intent of
this division is to accommodate economic development and resolve land use and
water disputes in a manner beneficial to all people in
(e)The further
intent of this division is to foster partnerships between the public and
private sectors to resolve disputes and promote economic growth and environmental
quality.
(f)Conservation
easements protect land, keep land in private ownership and on the tax rolls,
and, where appropriate, are the preferred method to protect agricultural and
habitat values.
(g)The value of
wildlife habitat to the state is very high, especially in the case of
implementing habitat conservation plans and multispecies
conservation plans.
(h)Habitat
stewardship shall be assisted and rewarded, and it is in the state's interest
to encourage landowners to perceive habitat as an asset rather than a
liability.
(i)It is the intent of the
Legislature, in enacting this division, to provide an additional tool for the
protection of wildlife habitat, open space, and agricultural lands. However,
there continues to be a recognized need for additional funding sources for
park, wildlife, and recreation facilities, as well as for the preservation of
open space and agricultural lands.
(j)It is the intent
of the Legislature in enacting this division to protect wildlife habitat, open
space, and agricultural lands by providing up to one hundred million dollars
($100,000,000) in tax credits for donations of qualified land.
As used in this
division, the following terms have the following meanings:
(a)"Approval"
or "approval for acceptance" means the board's approval of the
granting of a tax credit for a donation of property pursuant to the program.
(b)"Board"
means the Wildlife Conservation Board created pursuant to Article 2 (commencing
with Section 1320) of Chapter 4 of Division 20 of the Fish and Game Code.
(c)"Conservation
easement" means a conservation easement, as defined by Section 815.1 of
the Civil Code, that is contributed in perpetuity.
(d)"Department"
means any entity created by statute within the Resources Agency and authorized
to hold title to land, or the Resources Agency.
(e)(1)"Designated
nonprofit organization" means a nonprofit organization qualified under Section
501(c)(3) of Title 26 of the United States Code that
has as a principal purpose the conservation of land and water resources and
that is designated by a local government or a department to accept property
pursuant to this division in lieu of the local government or a department. In
order to be eligible to receive a donation of property pursuant to this
division, a nonprofit organization shall have experience in land conservation.
(2)If bond funds
are used pursuant to Chapter 7 (commencing with Section 37030), the designated
nonprofit organization shall also meet the eligibility requirements specified
in the relevant provision of the applicable bond act, for a nonprofit
organization.
(f)"Donee" means any of the following:
(1)A department to which a donor has applied to donate property.
(2)A local government that has filed a joint application with a donor
requesting approval of a donation of property to that local government.
(3)A designated nonprofit organization.
(g)"Donor"
means a property owner that donates, or submits an application to donate,
property pursuant to the program.
(h)(1)"Local
government" means any city, county, city and county, or any district, as
defined in Section 5902 or in Division 26 (commencing with Section 35100), or
any joint powers authority made up of one or more of those entities or those
entities and departments.
(2)If bond funds
are used pursuant to Chapter 7 (commencing with Section 37030), "local
government" also includes any other local government entity eligible to
receive bond funds pursuant to the relevant provision of the applicable bond
act.
(i)"Program" means the Natural Heritage
Preservation Tax Credit Program authorized by this division.
(j)"Property"
means any real property, and any perpetual interest
therein, including land, conservation easements, and land containing water
rights, as well as water rights.
(k)"Secretary"
means the Secretary of the Resources Agency.
Chapter 3:
Natural Heritage Preservation Tax Credit Program [37005. -
37006.]
The Wildlife
Conservation Board shall implement the program. The board may request staff
services from any department that submits an application and a proposal for a
donation of property to the board.
(a)Under the
program, upon approval by the board, a donor may contribute qualified property
to a donee and receive a tax credit for a portion of
the value of the property, as provided in Sections 17053.30 and 23630 of the
Revenue and Taxation Code.
(b)The board shall
adopt guidelines or regulations to implement the program, including procedures
for applications submitted pursuant to Chapter 4 (commencing with Section
37010) and for the evaluation of properties proposed to be contributed pursuant
to the program. 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 guidelines
or regulations adopted pursuant to this section.
Applications shall be submitted to the donee to which the donor proposes to contribute the
property.
At a minimum, each
application shall contain all of the following:
(a)The identification of the donor and donee.
(b)A description of the property, including documentation of how the
property meets the criteria and qualifies for acceptance under the program.
(c)A property
appraisal meeting the requirements of Section 170 of Title 26 of the United
States Code, setting forth the fair market value of the property.
(d)(1)A certification by the donor that the donor received no other
valuable consideration for the donation of property.
(2)A certification
by the donor that the contribution was not, and is not, required to satisfy a
condition imposed upon the donor by any lease, permit, license, certificate, or
other entitlement for use issued by one or more public agencies, including, but
not limited to, the mitigation of significant effects on the environment of a
project pursuant to an approved environmental impact report or mitigated
negative declaration required pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000)).
(e)A certification
by the donor that the application discloses any known or suspected
environmental conditions associated with the property.
(a)Each donee shall evaluate applications submitted to it and
prepare a plan for the board that sets forth the donee's
priorities for acquisition of property that qualifies under the program.
Consistent with the criteria established for the program, each donee may use its own priority lists and procedures in
determining which properties or types of properties shall be given priority.
(b)Each donee or the board may request that the applicant supply
further information reasonably necessary to allow the donee
or the board to evaluate the proposed donation.
(c)The department
may accept contributions of money from any taxpayer to pay or reimburse the
costs of appraisal, escrow, title, and other transaction costs associated with
the contribution of any particular property or set of properties, including any
environmental assessments required by the department, and the costs of
preparing any necessary management plan for the property or set of properties.
(d)Prior to
acquiring an easement or other interest in land pursuant to this division, a
public hearing shall be held by the donee, if the donee is a public agency, or by
the board if the donee is a designated nonprofit
organization, in the local community. Notice shall be given by the donee or the board to the county board of supervisors of
the affected county, adjacent landowners, affected water districts, local
municipalities, and other interested parties, as determined by the donee or the board.
(e)When submitting
a donation of qualified property to the board for final approval, the donee shall provide the board with the fair market value of
the property proposed for acceptance, based on appraisals that have been
reviewed and approved by the Department of General Services.
The board shall
provide a list to the Joint Legislative Budget Committee and the Franchise Tax
Board, in the form and manner determined by the Franchise Tax Board, of the
names, taxpayer identification numbers, including taxpayer identification
numbers of each partner or shareholder, as applicable, a legal description of
the donated property, and the total amount of the tax credit approved for each
donation.
Assets received by
a donee pursuant to this division shall not be deemed
transfers pursuant to Chapter 9 (commencing with Section 2780) of Division 3 of
the Fish and Game Code. Funds from the Habitat Conservation Fund, the
Environmental Enhancement and Mitigation Program Fund created pursuant to
Section 164.56 of the Streets and Highways Code, the State Parks and Recreation
Fund, and the Wildlife Restoration Fund, may not be used to fund the tax credit
authorized pursuant to this division.
Chapter 5: Criteria for Acceptance of
Property [37015. - 37016.]
The board shall
approve only contributions of properties that meet one or more of the following
criteria:
(a)The property
will help meet the goals of a habitat conservation plan, multispecies
conservation plan, natural community conservation plan, or any other similar
plan subsequently authorized by statute that is designed to benefit native
species of plants, including, but not limited to, protecting forests, old
growth trees, or oak woodlands, and animals and development. In proposing and
approving the acceptance of contributed property pursuant to this subdivision,
the recovery benefits for listed species, the habitat value of the property,
the value of the property as a wildlife corridor, and similar habitat-related
considerations shall be the criteria on which the acceptance is based.
(b)The property
will provide corridors or reserves for native plants and wildlife that will
help improve the recovery possibilities of listed species and increase the
chances that the species will recover sufficiently to be eligible to be removed
from the list, or will help avoid the listing of species pursuant to the
California Endangered Species Act (Chapter 1.5 (commencing with Section 2050)
of Division 3 of the Fish and Game Code) or the federal Endangered Species Act
(16 U.S.C. Sec. 1531 et seq.), or protect wetlands, waterfowl habitat, or river
or stream corridors, or promote the biological viability of important
California species.
(c)The property
interest is a perpetual conservation easement over agricultural land, or is a
permanent contribution of agricultural land, that is threatened by development
and is located in an unincorporated area certified by the secretary to be zoned
for agricultural use by the county. Property accepted pursuant to this
subdivision shall be accepted pursuant to the California Farmland Conservancy
Program Act established by Division 10.2 (commencing with Section 10200),
pursuant to the agricultural conservation program of the Coastal Conservancy,
or pursuant to the Bay Area Conservancy Program established pursuant to Chapter
4.5 (commencing with Section 31160) of Division 21.
(d)(1)The property
interest is a water right, or land with an associated water right, and the
contribution of the property will help improve the chances of recovery of a
listed species, will reduce the likelihood that any species of fish or other
aquatic organism will be listed pursuant to the California Endangered Species
Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and
Game Code)) or the federal Endangered Species Act (16 U.S.C. Sec. 1531 et
seq.), will improve the protection of listed species, or will improve the
viability and health of fish species of economic importance to the state. The donee receiving the water right, or land with an associated
water right, shall ensure that it shall retain title to the water right, and
that the water shall be used to fulfill the purposes for which the water right
or land associated with a water right is being accepted.
(2)Any contribution
of a water right that includes a change in the point of diversion, place of
use, or purpose of use may be made only if the proposed change will not injure
any legal user of the water involved and is made in accordance with either Chapter
10 (commencing with Section 1700), or Chapter 10.5 (commencing with Section
1725), of Part 2 of Division 2 of the Water Code.
(e)The property
will be used as a park or open space or will augment public access to or
enjoyment of existing regional or local park, beach, or open-space facilities,
or will preserve archaeological resources.
(a)The board shall
grant approval of a proposed contribution of property under the program only
upon a determination that:
(1)(A)The donation
of property satisfies the requirements for a qualified contribution pursuant to
Section 170 of Title 26 of the United States Code. If only a portion (either an
undivided fractional interest in the entire property or one or more discrete
parcels) of a proposed conveyance of property satisfies the requirements of
Section 170 of Title 26 of the United States Code, or if the property is sold
for less than fair market value, only that portion, or the amount representing
the difference between the amount paid by the donee
and the fair market value, shall be eligible for the tax credit, to the extent
permitted by Section 170(h) of Title 26 of the United States Code. The board
may segregate eligible and ineligible interests in property proposed to be
contributed pursuant to this division. The donor shall receive no other
valuable consideration for the donation of property subject to the tax credit.
(B)For purposes of
this division, if the property is proposed to be donated to satisfy a condition
imposed upon the donor by any lease, permit, license, certificate, or other
entitlement for use issued by one or more public agencies, including, but not
limited to, the mitigation of significant effects on the environment of a
project pursuant to an approved environmental impact report or mitigated
negative declaration required pursuant to the California Environmental Quality
Act (Division 13 (commencing with Section 21000)), that property shall not
qualify for the credit provided in Section 17053.30 or 23630 of the Revenue and
Taxation Code.
(2)There has been
no release or threatened release of a hazardous material on the property, unless
all of the following occur:
(i) A final remedy in response to the release has been
approved by the Department of Toxic Substances Control pursuant to Chapter 6.5
(commencing with Section 25100) of, Chapter 6.8 (commencing with Section 25300)
of, or Chapter 6.85 (commencing with Section 25396) of, Division 20 of the
Health and Safety Code, or the appropriate California regional water quality
control board pursuant to Chapter 6.7 (commencing with Section 25280) of
Division 20 of the Health and Safety Code.
(ii)The donor or donee have
agreed to implement the final remedy approved pursuant to clause (i).
(iii)The donor or donee have agreed to fund and have made adequate funding
available to pay for the response action, as defined by Section 25323.3 of the
Health and Safety Code.
(b)Notwithstanding
paragraph (2) of subdivision (a), a donation of property containing hazardous
materials may be accepted under the program without satisfying the requirements
of paragraph (2) of subdivision (a) if the donee
determines, based on written findings from the Department of Toxic Substances
Control and the California regional water quality control board with
jurisdiction over the property, that the hazardous materials present will pose
no substantial risk to human health or the environment and no substantial risk
of liability on the donee under the conditions under
which the property will be used. The Department of Toxic Substances Control and
the California regional water quality control board with jurisdiction over the
property shall carry out their normal due diligence when developing the written
findings that will be the basis for the written determination regarding the
presence and risk of toxic materials on the property by the Department of Toxic
Substances Control or the regional board, whichever is applicable. As used in
this subdivision, "hazardous materials" has the same meaning as
contained in subdivision (d) of Section 25260 of the Health and Safety Code.
Chapter 6: Miscellaneous [37020. - 37025.]
(a)Nothing in this
division authorizes or increases the authority of any state or local public
agency to use eminent domain to acquire private property.
(b)Nothing in this
division diminishes existing land or water rights held by easement holders in
any property proposed for donation.
(a)If any property
approved for acceptance pursuant to this division is later transferred by the donee, the use of the property shall be restricted by deed
to the conservation purposes for which the property was contributed pursuant to
the program. If the board determines that the conservation purposes for which
the property was contributed can no longer be achieved due to significantly
changed circumstances beyond the control of the donee
that accepted the property, the proceeds of the sale shall be used by the donee that accepted the property to acquire land in
California of equal or greater value and comparable public resources values, as
determined by the board. The land acquired shall meet the criteria of Section
37015. Nothing in this division prohibits the transfer of donated property to a
nonprofit organization that is qualified to manage the property for the
purposes intended by this division, if the terms of this section are met. Any
local government or nonprofit organization seeking to sell land pursuant to
this subdivision shall first obtain the approval of the board.
(b)Other than as
provided by subdivision (a), property approved for acceptance pursuant to this
division shall be used only for purposes consistent with Section 37015.
(c)(1)If any unauthorized
use is made of the property after the property is donated to a local government
or nonprofit organization pursuant to this program, the local government or
nonprofit organization shall seek to terminate the unauthorized use and restore
the conservation benefits for which the property was contributed. If the board
determines that the unauthorized use has not been terminated and the
conservation benefits fully restored within a reasonable period of time, the
fee title owner of the property shall pay to the state the greater of the
following:
(A)The fair market
value of the property based on appraisals when accepted by the board.
(B)The fair market
value of the property based on appraisals at the time of and based on the
unauthorized use of the property.
(2)The department
that is the donee or the board may seek injunctive
relief to prevent the unauthorized use of the property, or may assume ownership
or management of the property to assure that it is used in the manner
originally authorized.
(d)The board shall
develop a process to monitor the uses of any land that a local government or
nonprofit organization receives pursuant to this division in order to ensure
those uses are in conformance with the purposes for which the property is
accepted.
(a)No more than a
total of one hundred million dollars ($100,000,000) in tax credits may be
awarded pursuant to this division.
(b)Tax credits may
be awarded pursuant to this division in the fiscal years 2000-01, 2001-02,
2002-03, 2003-04, 2004-05, 2005-06, 2006-07, and 2007-08. No tax credits may be
awarded subsequent to fiscal year 2007-08 without further statutory
authorization.
(c)In addition to
the limitations in subdivisions (a) and (b), and except as provided in
subdivision (d), tax credits may not be awarded pursuant to this division
between
(d)Tax credits may
be awarded pursuant to this division between
(e)When a person
submits an application to the board pursuant to Chapter 4 (commencing with
Section 37010) that is conditionally approved by the board, and tax credits are
not awarded due to the prohibition set forth in subdivision (c), until June 30,
2005, the person shall remain eligible, without a requirement that a subsequent
application be submitted, to be considered for the award of tax credits
pursuant to this division, if, on or before June 30, 2005, moneys become
available to reimburse the General Fund pursuant to subdivision (d).
The donee shall allow public access to the property to the
extent that public access is consistent with the purposes for which the
property is accepted. Before providing public access to the property, the donee shall develop a plan that minimizes the impact of
public access on adjacent landowners in order to avoid infringement on the
customary husbandry practices on adjacent or nearby agricultural or timber
operations and that establishes a setback or buffer area, as necessary. This
section does not require access to privately owned lands for which a
conservation easement is contributed pursuant to this division unless the
conservation easement provides for public access.
If the city,
county, or city and county in which the property is located objects to
acceptance of the property, the city, county, or city and county, as
appropriate, may request the Director of Finance to disapprove the acceptance
of the property. These objections may relate to the city's, county's, or city
and county's conservation and development policies and their general plans, the
efficient use and delivery of infrastructure, and the potential loss of
property tax revenue. The Director of Finance may disapprove acceptance after
reviewing the objections of the city, county, or city and county. The Director
of Finance shall provide a written explanation for his or her decision to the
affected city, county, or city and county.
Any donee accepting property pursuant to the program shall own
and maintain any setback or buffer area that may be necessary for the use of
that property in accordance with this division, in order to avoid infringement
on the customary husbandry practices on adjacent or nearby agricultural or
timber operations.
Chapter 7:
Bond Funds [37030. - 37042.]
The Legislature
finds and declares all of the following:
(a)Current
justifiable needs for the acquisition of property for environmental purposes
substantially exceed state-approved bond funds available for these purposes.
(b)The Natural
Heritage Preservation Tax Credit Act of 2000 authorizes the acquisition of
qualified property through donations eligible for a credit against the personal
income or bank and corporation tax in an amount equal to 55 percent of the fair
market value of any qualified contribution.
(c)Where property
owners are able to utilize this tax credit, state acquisition costs are nearly
halved.
(d)Authorizing the
expenditure of bond funds to acquire property using these tax credits will
significantly expand the acquisition power of existing bond funds.
(a)For bond
provisions listed in paragraphs (1) to (3), inclusive, of subdivision (c) of
Section 37032, "purpose" means scheme and design.
(b)For bond
provisions listed in paragraphs (4) to (11), inclusive, of subdivision (c) of
Section 37032, "purpose" means scope and effect.
(c)For bond funds
eligible to be used under this chapter, pursuant to paragraph (12) of
subdivision (c) of Section 37032, if the bond act is passed by initiative,
"purpose" shall be defined pursuant to subdivision (b), but if the
bond act is not passed by initiative, "purpose" shall be defined
pursuant to subdivision (a).
(d)For purposes of
this chapter, "property" means property as defined in subdivision (j)
of Section 37002 that is acquired pursuant to this division using bond funds in
accordance with this chapter.
(a)If a department
or local government identifies property that may be acquired pursuant to this
division and determines that the acquisition would comply with the purpose of a
bond provision listed in subdivision (c) and any applicable guidelines
developed for that bond provision by the administering agency, and all of the requirements
of this division are met and the department or local government acquires the
property pursuant to this division, the department or local government may
expend funds from the bond provision that have been appropriated, allocated, or
awarded to it, to acquire the property using the tax credit provided by this
division.
(b)The applicable
bond provisions from which a department or local government may use bond funds
to acquire property using the tax credit provided by this division do not
include grants of bond funds distributed through a competitive process.
(c)The applicable
bond provisions from which a department or local government may expend bond
funds pursuant to subdivision (a) are the following:
(1)Section 5096.615.
(2)Subdivision (a) or (b), or paragraph (1) of subdivision (c), of
Section 5096.650.
(3)Funds under paragraph (2) of subdivision (c) of Section 5096.650
that are to be expended pursuant to paragraph (6) of subdivision (b) of Section
31220.
(4)Section 79541 of the Water Code.
(5)Section 79542 of the Water Code.
(6)Section 79544 of the Water Code.
(7)Subdivision (e) or (f) of Section 79550 of the Water Code.
(8)Section 79565 of the Water Code.
(9)Section 79568 of the Water Code.
(10)Section 79570 of the Water Code.
(11)Section 79572 of the Water Code.
(12)Other bond
funds, if the bond act specifies that its funds may be used for the purposes of
this division.
(a)(1)If a
department determines that property is available for acquisition by donation,
and that the acquisition of the property would comply with the requirements of
an applicable bond provision specified in subdivision (c) of Section 37032 and
any applicable guidelines developed for that bond provision by the
administering agency, and the department believes the acquisition of the
property would comply with the requirements of this division, the department
may request the prospective donor of the property to submit an application
pursuant to Section 37010. If the prospective donor agrees to submit that
application, the department may apply for approval of the donation pursuant to
the requirements of this division.
(2)If a local
government determines that property is available for acquisition by donation,
and that the acquisition of the property would comply with the requirements of
an applicable bond provision specified in subdivision (c) of Section 37032 and
any applicable guidelines developed for that bond provision by the
administering agency, and the local government believes that the acquisition of
the property would comply with the requirements of this division, the local
government may request the department that allocated to it the relevant bond
funds to determine whether it agrees with the local government's determinations
and beliefs made pursuant to this paragraph. If the department agrees with the
local government and gives its approval for the acquisition with bond funds
that it has allocated to the local government, the local government may request
the prospective donor of the property to submit an application pursuant to
Section 37010. If the prospective donor agrees to submit the application, the
local government may apply for approval of the donation pursuant to the
requirements of this division.
(3)In addition to
the requirements of Section 37011, the application shall include, and shall not
be accepted if it does not include, a signed authorization by the donor, in a
form and manner mutually agreeable to the board and the Franchise Tax Board,
for the disclosure of the information necessary to make the payment as required
by subdivision (b). For purposes of subdivision (b) of Section 1798.24 of the
Civil Code, the signed authorization shall be the donor's voluntary consent to
the disclosure of the information.
(b)(1)If the board
gives approval, the department or local government may acquire the property
pursuant to this division. Through the process outlined in this section, the
department shall reimburse the General Fund for the tax credit claimed pursuant
to this chapter under Section 17053.30 or 23630 of the Revenue and Taxation
Code by transferring bond funds identified under subdivision (c) of Section
37032 to the Natural Heritage Preservation Tax Credit Reimbursement Account, on
the basis of information provided to the department under Section 37040
regarding credit claimed for a qualified contribution under Section 17053.30 or
23630 of the Revenue and Taxation Code in that tax year.
(2)(A)Upon approval
by the board, and prior to the time the department, local government, or
designated nonprofit organization receives the property, the department shall
encumber bond funds identified under subdivision (c) of Section 37032 in an
amount necessary to pay for the tax credit as provided in Section 17053.30 or
23630, as applicable, of the Revenue and Taxation Code.
(B)The acquisition
agreement or any other document that clearly delineates the commitment pursuant
to this division shall be the only documentation required for the department to
encumber the bond funds as required by this paragraph.
(C)Except as
prohibited by the relevant bond act, notwithstanding Section 13340 of the
Government Code or any other provision of law, the encumbrance shall be
available without regard to fiscal years to allow payments to the Natural Heritage
Preservation Tax Credit Reimbursement Account for the tax credit due the donor
of the property under Section 17053.30 or 23630, as applicable, of the Revenue
and Taxation Code.
(3)The Franchise
Tax Board shall provide the board information pursuant to subdivision (a) of
Section 19560 of the Revenue and Taxation Code on tax credits claimed. The
board shall provide the information required by Section 37040 to the relevant
department. Upon notification that a qualified tax credit has been claimed, the
department, pursuant to paragraph (1), shall transfer bond funds in the amount
of the tax credit for that tax year to the Natural Heritage Preservation Tax
Credit Reimbursement Account within 60 days of receipt of the notification.
(a)(1)If a
department determines that a designated nonprofit organization, in lieu of the
department, should accept property that the department applies to acquire
pursuant to paragraph (1) of subdivision (a) of Section 37034, and determines
that the acceptance by the designated nonprofit organization would comply with
the purpose of the applicable bond provision specified in subdivision (c) of
Section 37032, the department may, upon that determination and upon making the
determinations and having the belief required by paragraph (1) of subdivision
(a) of Section 37034, apply to acquire the property for that designated
nonprofit organization pursuant to this division. The department shall not make
that application until the prospective donor agrees to submit an application
pursuant to Section 37010 and paragraph (3) of subdivision (a) of Section 37034
and the designated nonprofit organization agrees to accept the property if it
is acquired pursuant to this division.
(2)If a local
government determines that a designated nonprofit organization, in lieu of the
local government, should accept property that the local government applies to
acquire pursuant to paragraph (2) of subdivision (a) of Section 37034, and
determines that the acceptance by the designated nonprofit organization would
comply with the purpose of the applicable bond provision specified in subdivision
(c) of Section 37032, the local government may, upon that determination and
making the determinations and having the belief required by paragraph (2) of
subdivision (a) of Section 37034, request the department that allocated to it
the relevant bond funds to determine whether it agrees with the local
government's determinations made pursuant to this paragraph. If the department
agrees with the local government, gives its approval for the designated
nonprofit organization's acceptance of the property, and gives its approval
pursuant to paragraph (2) of subdivision (a) of Section 37034, the local
government may apply to acquire the property for that designated nonprofit
organization pursuant to this division. The local government shall not make
that application until the prospective donor agrees to submit an application
pursuant to Section 37010 and paragraph (3) of subdivision (a) of Section 37034
and the designated nonprofit organization agrees to accept the property if it
is acquired pursuant to this division.
(b)If a department
or local government applies for a designated nonprofit organization to acquire
property, pursuant to subdivision (a), the department and donor, and the local
government, if applicable, shall comply with all requirements of this division
that apply to the department and donor, and to the local government, if
applicable, when the department or local government otherwise applies to
acquire property pursuant to this division.
(a)The Natural
Heritage Preservation Tax Credit Reimbursement Account is established in the
General Fund to receive moneys paid pursuant to this chapter.
(b)Moneys in the
Natural Heritage Preservation Tax Credit Reimbursement Account shall be used
only to reimburse the General Fund as determined by the departments pursuant to
paragraph (1) of subdivision (b) of Section 37034.
(c)Upon receipt of
funds in the Natural Heritage Preservation Tax Credit Reimbursement Account and
notification to the Legislature, the Controller shall transfer, within 60 days
of the notification, the balance of the Natural Heritage Preservation Tax
Credit Reimbursement Account to the General Fund.
(d)The moneys in
the Natural Heritage Preservation Tax Credit Reimbursement Account may not be
loaned to another fund and may not accrue interest.
If the board is the
department that receives moneys pursuant to any of the bond provisions listed
in subdivision (c) of Section 37032 and the board wishes to use those bond
funds to acquire property pursuant to this division using those bond funds, the
board shall make separate determinations regarding whether the acquisition of
that property would comply with the purpose of the applicable bond provision
and any applicable guidelines developed for that bond provision by the
administering agency, and whether the acquisition would comply with the
requirements of this division.
(a)The board shall
notify the Controller, the Treasurer, and the relevant department of the
information listed in subdivision (b) after the board receives notification
from the Franchise Tax Board pursuant to Section 19560 of the Revenue and
Taxation Code that a person is claiming a tax credit under this chapter.
(b)The board shall
provide all of the following information:
(1)The bond fund and specific provision of the bond act under which
the credit is being claimed.
(2)The project name, appropriation under which the credit was
encumbered, and, if applicable, the related local government.
(3)The department
that will transfer the appropriate bond funds to the Natural Heritage
Preservation Tax Credit Reimbursement Account.
(4)The amount of the tax credit for that tax year.
The Legislature
finds and declares that the expenditure of bond funds pursuant to this chapter
does not constitute the use of bond proceeds or other indebtedness to pay a
year-end state budget deficit, as prohibited by subdivision (c) of Section 1.3
of Article XVI of the California Constitution.