2005 California Public Resources Code Sections 26400-26406 DIVISION 16.5. ENERGY AND RESOURCES FUND

PUBLIC RESOURCES CODE
SECTION 26400-26406

26400.  There is in the State Treasury the Energy and Resources
Fund, which fund is hereby created.
26401.  (a) Within the Energy and Resources Fund there is hereby
created the Energy Account and the Resources Account.  The annual
budget document shall propose and the annual Budget Bill shall
allocate and divide the money in the fund between such accounts.
   (b) It is the intent of the Legislature that funds from the Energy
and Resources Fund be used only for short-term projects and not for
any ongoing programs.
   (c) Moneys in the Energy Account may be appropriated by the
Legislature solely for energy projects and programs deemed
appropriate by the Legislature.
   (d) All appropriations from the Energy Account or the Resources
Account shall be made by the annual Budget Bill.
   (e) In applying the provisions of this section to the selection of
individual  energy programs and projects for funding, priority shall
be given to those programs and projects which best fulfill all of
the following criteria:
   (1) Have the greatest potential for reducing the use of oil and
natural gas to produce energy.
   (2) Have the greatest potential for transferability and widespread
use throughout the state by the year 1990.
   (3) Have the highest degree of feasibility.
26403.  Programs and projects eligible for funding from the
Resources Account shall be limited to any of the following:
   (1) Appropriations to the State Coastal Conservancy for grants to
public and private agencies for the restoration of urban waterfronts,
as described in "An Urban Waterfronts Program for California"
required by Chapter 1040 of the Statutes of 1981.  Appropriations to
the conservancy may include, but shall not be limited to, particular
projects identified in that report.
   (2) Projects under the Roberti-Z'berg Urban Open-Space and
Recreation Program Act (Chapter 3.2 (commencing with Section 5620) of
Division 5 of the Public Resources Code).
   (3) Appropriations to the State Coastal Conservancy for grants to
public and private agencies for acquisition, development,
rehabilitation, restoration, operation, and maintenance of real
property and facilities which provide public access ways to or along
the coast or the shoreline of San Francisco Bay.
   (4) Wetland protection, preservation, restoration, and
enchancement projects in accordance with the Keene-Nejedly California
Wetlands Preservation Act (Chapter 7 (commencing with Section 5810)
of Division 5 of the Public Resources Code), or, in accordance with
provisions governing the State Coastal Conservancy (Division 21
(commencing with Section 31000) of the Public Resources Code).
   (5) Restoration, enhancement, and preservation of wildlife habitat
on federal lands pursuant to the Sikes Act (16 U.S.C. Sec. 670a, et
seq.).
   (6) Acquisition and development of real property for wildlife
management in accordance with the purposes of the Wildlife
Conservation Law of 1947 (Chapter 4  (commencing with Section 1300)
of Division 2 of the Fish and Game Code).
   (7) Reforestation, urban forestry, and forest improvement projects
in accordance with the provisions of Part 2.5 (commencing with
Section 4790) of Division 4  of the Public Resources Code.
   (8) Water reclamation, watershed management, water conservation,
instream use, and drainage management programs approved by the
Director of Water Resources or the State Water Resources Control
Board.
   (9) Watershed restoration, erosion control, fire hazard reduction,
land conservation, and fish and wildlife habitat improvement
projects.
   (10) Acquisition, restoration, and preservation of habitat for
rare and endangered species.
   (11) Programs for the prevention of soil loss and soil
degradation.
   (12) Programs for the preservation and protection of prime
agricultural lands.
   (13) Shoreline erosion control projects.
   (14) Mitigation of environmental damage resulting from gas or oil
production on state lands.
   (15) Programs to develop a computer-based mapping system to store,
refine,  analyze, and display resource data.
   (16) Programs for development and enhancement of renewable
agricultural resources.
   (17) Programs to safeguard public and environmental health from
hazardous materials.
   (18) Programs for geothermal resources assessment.
   (19) Other programs which enhance and conserve renewable and
nonrenewable resources.
26404.  The provisions of Sections 26401 to 26403, inclusive, shall
not apply to appropriations and expenditures from the Energy and
Resources Fund for fiscal year 1980-81.  Such provisions shall apply
beginning with fiscal year 1981-82 and for each fiscal year
thereafter.
26406.  The Director of Finance shall cause all moneys in the Energy
and Resources Fund which are in excess of current requirements to be
invested and reinvested from time to time in securities described in
Section 16430 of the Government Code, and such securities may be
sold or exchanged if in his opinion such sale or exchange is in the
best interests of the state in effectuating the purposes of this
chapter.  All income derived from such investment, reinvestment,
sale, or exchange shall be credited to the Energy and Resources Fund.


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