2005 California Government Code Sections 8670.70-8670.73 Article 10. Environmental Enhancement Fund

8670.70.  The Environmental Enhancement Fund is hereby created in
the State Treasury.  All penalties collected under Article 9
(commencing with Section 8670.57) shall be deposited into the
Environmental Enhancement Fund, except as specified in Section
8670.64.  The money in the fund shall only be used for environmental
enhancement projects.  The moneys shall not be used for the cleanup
of an oil spill or the restoration required after an oil spill.  The
money is available for appropriation by the Legislature to the
administrator for the purposes stated in this section.
8670.71.  (a) The administrator shall fund only those projects
approved by the Environmental Enhancement Committee.
   (b) For the purposes of this article, an enhancement project is a
project that acquires habitat for preservation, or improves habitat
quality and ecosystem function above baseline conditions, and that
meets all of the following requirements:
   (1) Is located within or immediately adjacent to California marine
waters, as defined in subdivision (i) of Section 8670.3.
   (2) Has measurable outcomes within a predetermined timeframe.
   (3) Is designed to acquire, restore, or improve habitat or restore
ecosystem function, or both, to benefit fish and wildlife.
8670.72.  (a) The Environmental Enhancement Committee is hereby
created.  The committee shall consist of the following members:
   (1) The administrator.
   (2) A public member, to be appointed by the administrator, who
shall be an officer or elected leader of a statewide nonprofit
organization whose primary purpose is the protection and/or
enhancement of natural resources.
   (3) The executive officer of the State Coastal Conservancy, or his
or her designee.
   (b) The Environmental Enhancement Committee shall establish a
process for the solicitation, submittal, review, and selection of
environmental enhancement projects.  Selection criteria shall be
developed to ensure that projects meet the intent of this article.
8670.73.  (a) The Environmental Enhancement Grant Program is hereby
established.  Project proposals shall be solicited when adequate
funds have accumulated in the Environmental Enhancement Fund to cover
the cost of an appropriate project or projects.
   (b) Grants shall be awarded to nonprofit organizations, cities,
counties, cities and counties, districts, state agencies, and
departments; and, to the extent permitted by federal law, to federal
agencies on a competitive basis using the selection process
established by the Environmental Enhancement Committee.  The
selection criteria will be enumerated in all requests for proposals
distributed to potential applicants.  The administrator may grant
funds for those projects that are selected by the Environmental
Enhancement Committee and that meet the requirements of this article.
  State departments and agencies receiving grants under this section
for environmental enhancement projects, shall, to the maximum extent
feasible, utilize the services of the California Conservation Corps
in accordance with Section 14315 of the Public Resources Code.
   (c) Grant recipients shall use the grant award to fund only the
project described in the recipient's application.
   (d) Grant recipients shall not use the grant funds to shift money
to or otherwise cover costs of an existing or proposed project or
activity not included in the application.
   (e) Any grant funds allocated to a project that exceed the actual
cost of completing the project as outlined in the recipient's
application shall be returned to the Environmental Enhancement Fund,
and shall not be used by the grant recipient for any other purpose.
   (f) If a member of the Environmental Enhancement Committee, or a
member of his or her immediate family, is employed by a grant
applicant, the employer of a grant applicant, or a consultant or
independent contractor employed by the grant applicant, the committee
member shall make that disclosure to the other members of the
committee and shall not participate or make recommendations on the
grant proposal of that applicant.
   (g) For habitat acquisition, the Environmental Enhancement
Committee shall be subject to the same provisions as prescribed in
Section 31116 of the Public Resources Code.